For rescue of failing tax-deferred exchanges, or to prevent failure in the first place,
C453-1031:
When you begin what you intend to be a tax-deferred exchange under Section 1031 of the Internal Revenue Code, to achieve full deferral you are required to (a) identify a replacement (b) "like kind" (c) business or investment property (d) within 45 days and (e) purchase it within 180 days, with (f) at least as much debt as you had on the property which you sold as the beginning of the exchange.
Those six requirements can be hard to satisfy in the best of times, and the stringency of those requirements accounts for why manys exchangors are under pressure and at a bargaining disadvantage. Often, therefore, they over-pay for a replacement property or buy one they really don't want—because they think they have no choice.
You do have a choice, however; S.Crow Collateral Corp. can take over from your 1031 accommodator and then, in accord with the IRS 1031 Regulations, convert the deal from an exchange agreement under Section 1031 to a collateralized installment sale under Section 453.
That way, you enjoy the tax deferral you set out to achieve in the first place, and you do so without any replacement requirement whatever, let alone six such requirements.
