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Answers · When time runs out

Can I get an extension on my 45-day or 180-day deadline?

No hardship extension exists. Only an IRS disaster release under Rev. Proc. 2018-58 §17 moves a 45- or 180-day deadline, by 120 days or the release's date.

By Breakwater Exchange · Reviewed by our 1031 advisory team · Last reviewed

The short answer

No, unless a federally declared disaster covers your transaction and the IRS release for it invokes Rev. Proc. 2018-58. There is no application, no good-cause request and no fee that buys more time; the IRS says the two limits "cannot be extended for any circumstance or hardship except in the case of presidentially declared disasters." When disaster relief does apply, section 17 postpones a 45-day or 180-day deadline by 120 days or to the general postponement date in the release, whichever is later. It can never push past your return due date with extensions, and never past one year.

At a glance

Discretionary extensionNone exists; the IRS has published no hardship or good-cause procedure
Only routeAn IRS news release for a federally declared disaster invoking Rev. Proc. 2018-58
Postponement120 days, or the release's general postponement date, whichever is later
Ceiling 1Never beyond the due date, including extensions, of the year-of-sale return
Ceiling 2Never more than one year (§7508A(a))
Timing testYour sale must have closed on or before the date of the disaster
Already-passed day 45§17.03 moves it if an identified property was substantially damaged
Combat zone§7508 postpones the same acts automatically, with no news release required

Illness, a dead deal and a slow lender are all 'circumstances', and none of them counts

The deadlines are conditions in the statute rather than administrative due dates, which is why there is nothing to apply for. Property identified late or received late is, in the words of §1031(a)(3), simply "property which is not like-kind property."

The IRS states the consequence in a single line in Fact Sheet FS-2008-18: the two time limits "cannot be extended for any circumstance or hardship except in the case of presidentially declared disasters." No form, letter or ruling request is listed anywhere because none exists.

That covers the situations people most often hope will qualify: a hospital stay, a death in the family, a seller who refuses to close, a bank that will not fund, a government shutdown, a county office that lost your file.

What section 17 grants, and the two ceilings that override it

Rev. Proc. 2018-58 is a list of acts that can be postponed; it does nothing on its own. Section 1.02 is explicit that taxpayers are entitled to a postponement only when the IRS "will publish a notice or issue other guidance (including an IRS News Release)" granting relief for a particular disaster.

When a release does that, section 17.02(1) postpones a last day of the 45-day or 180-day period "that fall on or after the date of a federally declared disaster ... by 120 days or to the last day of the general disaster extension period authorized by an IRS News Release ... whichever is later."

Two ceilings then cut it back. The same paragraph says that in no event may the postponement extend beyond the due date, including extensions, of your return for the year of the transfer, or beyond one year under §7508A(a).

Worked from the 2026 releases, which as of September 2026 set a general postponement date of February 1, 2027, the arithmetic goes two ways. A day 180 falling September 30, 2026 gets 120 days to January 28, 2027, so the later February 1, 2027 date governs; a day 45 falling November 20, 2026 gets 120 days to March 20, 2027, which beats February 1 and therefore controls.

Two gates: your sale predates the disaster, and one of six situations applies

Section 17.02(2)(a) is the first gate. The relinquished property must have been transferred on or before the date of the federally declared disaster, or, in a parking arrangement, the accommodation titleholder must have taken qualified indicia of ownership on or before that date. A disaster that strikes before your closing does not extend a clock that had not started.

The second gate is the taxpayer. You qualify if the release names you as an "affected taxpayer," or if you have difficulty meeting the deadline because of the disaster for one of the reasons the procedure lists:

  • The relinquished or the replacement property sits in the covered disaster area named in the release.
  • The principal place of business of any party to the transaction is in that area, and the procedure names the qualified intermediary, accommodation titleholder, transferee, settlement attorney, lender, financial institution and title insurance company as examples.
  • A party to the transaction, or an employee of one working on your exchange, is killed, injured or missing because of the disaster.
  • An exchange document or a relevant land record, such as your exchange agreement or a deed, is destroyed, damaged or lost.
  • A lender decides not to fund a closing because of the disaster, or refuses your loan because flood, disaster or hazard insurance is unavailable because of it.
  • A title insurance company cannot issue the policy needed to close.
  • Section 17.04 adds a catch: qualify on one of these grounds rather than as a named affected taxpayer, and you are not treated as an affected taxpayer for any other act in the procedure or the release.

A day 45 that has already gone by can still move, but only for a wrecked property

Section 17.03 is the one place the procedure looks backwards. A 45-day identification deadline that fell before the disaster date is postponed if an identified replacement property is substantially damaged by that disaster, and the parallel rule applies to an identified relinquished property in a reverse exchange.

The practical effect is narrow but valuable: you get a fresh window to name something else instead of being locked into a building that no longer exists in the condition you identified.

It is not a general reopening. If your identified property was untouched and the problem is simply that the market around it closed for two weeks, section 17.03 does not apply.

Combat zone service postpones the same deadlines without waiting for a release

Section 7508 works differently from disaster relief. Section 1.03 of the procedure explains that when a taxpayer qualifies under §7508, the listed acts "are also postponed for that taxpayer, regardless of whether the IRS publishes a notice or issues other guidance."

That reaches individuals serving in the Armed Forces, or serving in support of them, in a combat zone or with respect to a contingency operation as defined in 10 U.S.C. §101(a)(13).

If this is your situation, tell the intermediary in writing early, because the exchange agreement will otherwise release the funds on its ordinary schedule.

When nothing qualifies, the choices are narrower but they are not zero

Assume the dates will not move and work the deal instead. Every option below has to be in motion before the deadline, not after it.

Related questions

Does a state of emergency declared by my governor count?

No. The procedure turns on a federally declared disaster and on an IRS news release granting relief for it; a state or local declaration with no federal declaration behind it does nothing to your dates. The current list sits on the IRS disaster relief page.

My property is nowhere near the disaster, but my qualified intermediary is. Do I qualify?

Potentially yes. Section 17.02(2)(b)(ii)(B) reaches a transaction where the principal place of business of any party, and it names the qualified intermediary specifically, is in the covered disaster area.

Do I file something to claim the postponement?

There is no election form for section 17. Keep the news release, evidence of which qualifying reason applied and the dates, because the postponement is something you may have to support if the return is examined.

Does filing a tax extension extend my 180 days?

No. An extension removes the earlier cut-off that would otherwise end the exchange on your unextended filing date, but it never adds a day to the 180. When you actually need Form 4868 or 7004 is worked through here.

Can relief push my deadline into next year's filing season?

Only as far as your own return due date with extensions. For a 2026 individual sale that is October 15, 2027 with Form 4868 filed, and the one-year ceiling in §7508A(a) applies on top.

Sources

Checked against these publications on September 19, 2026. Rules and figures change; confirm the current version with your CPA or attorney before you act. This page is general information, not tax or legal advice.

  1. Rev. Proc. 2018-58, sections 1 and 17 (IRS)
  2. 26 U.S.C. §1031(a)(3) (Cornell LII)
  3. IRS Fact Sheet FS-2008-18, Like-Kind Exchanges Under IRC Section 1031
  4. IRS: Tax relief in disaster situations
  5. 26 CFR §1.1031(k)-1(b)(2) (Cornell LII)
  6. Rev. Proc. 2000-37, section 4.02 (Internal Revenue Bulletin 2000-40)

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