The following information is per Julie Bratton. She is a 1031 Exchange Specialist with Old Republic Exchange Company.

The IRS has issued Tax Relief Notice HI-2023-05 which permits the extension of some tax-related deadlines.

Certain Taxpayers affected by wildfires in parts of Hawaii may be eligible for extensions related to their 45-day and 180-day 1031 exchange deadlines.

Under these Notices, taxpayers affected by wildfires in the counties of Maui and Hawaii may qualify for extensions of certain tax deadlines until February 15, 2024.

Depending upon the circumstances, taxpayers conducting a tax deferred 1031 exchange may have two different options for extension of their deadlines:

1. Affected Taxpayers ONLY (Section 6):

*an “affected taxpayer” – i.e. lives in the federally declared disaster area or has a principal place of business is in the disaster area;

* 45-day and 180-day deadlines that fall on or after the disaster date may be extended until February 15, 2024

OR

2. Affected Taxpayers & Other Taxpayers (Section 17):

* IF the relinquished property was transferred on or before the applicable disaster date; then 45-day and 180-day deadlines may be extended 120 days or until February 15, 2024, whichever is later;

*This provision applies to “affected taxpayers” or those who are NOT an “affected taxpayer” but have difficulty meeting the 45-day identification deadline and the 180-day exchange period deadline due to the federally declared disaster. See Revenue Procedure 2018-58, Section 17.

See Revenue Procedure 2018-58, Sections 6 and 17 and check for updates to the scope of the disaster area and the Notices:

https://www.irs.gov/newsroom/tax-relief-in-disaster-situations