Extensions for Hurricanes Debby, Helene, and Milton in Florida
IRS Extends 1031 Exchange 45 and 180-Day Deadlines
The IRS has announced relief available to victims of Hurricanes Debby, Helene and Milton in Florida from August through October. The relief includes extensions for taxpayers completing 1031 exchanges. Taxpayers involved in a 1031 exchange may qualify for relief, as described below.
Note that “Affected Taxpayers” (as defined below) from ALL counties in Florida are now entitled to an extension of time for meeting certain tax deadlines. However, the applicable “Disaster Date” will vary by county and applicable Hurricane.
Extension Date for all Counties in Florida: The “Extension Date” is May 1, 2025.
Milton Disaster Date: October 5, 2024.
Florida Counties in Milton Covered Disaster Area: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putman, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, and Volusia counties.
Helene Disaster Date: September 23, 2024
Florida Counties in Helene Covered Disaster Area: Alachua, Bay, Bradford, Calhoun, Charlotte, Citrus, Collier, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, and Washington counties.
Debby Disaster Date: August 1, 2024
Florida Counties in Debby Covered Disaster Area: Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Walton, Wakulla and Washington counties.
Affected Taxpayers: An “Affected Taxpayer” includes individuals who live, and businesses whose principal place of business is located in the Covered Disaster Area. Affected Taxpayers are entitled to relief regardless of where the relinquished property or replacement property is located.
Option One (General Postponement):
- Qualification: Only Affected Taxpayers qualify under this option and may exercise this option regardless of whether the exchange began before or after the Disaster Date.
- Extensions: Any 45-day or 180-day deadline that falls on or after the Disaster Date and before May 1, 2025, is extended to May 1, 2025. Deadlines that fall after May 1, 2025, are not impacted.
Option Two (Alternative Extension):
- Qualification: In order to qualify under this option, the taxpayer must (1) be an Affected Taxpayer, or (2) otherwise have difficulty meeting the 45 or 180-day deadlines under the conditions outlined in Revenue Procedure 2018-58, section 17. This option is only available if the relinquished property was transferred (or the parked property was acquired by the EAT in a reverse exchange) on or before the Disaster Date.
- Extensions: Any 45 or 180-day deadline that falls on or after the Disaster Date is extended to (1) May 1, 2025 or (2) 120 days from the original deadline, whichever is later. [Note, the date may not be extended beyond one year or the due date (including extensions) of the tax return for the year of the disposition of the relinquished property.] Additionally, any 45-day identification period that falls prior to the Disaster Date is also extended if an identified replacement property is substantially damaged by the disaster.
If you believe you may be entitled to extensions under one of the above options, we strongly recommend that you speak with your tax professional for further guidance. Also, be aware that other counties/parishes may be added to the Covered Disaster Area and/or the extension date may be extended from time to time, even though the IRS does not issue a new notice, so you should check the IRS website for updates periodically.