The 45-day identification period is one of the most important parts of a 1031 exchange. But what actually has to happen during those 45 days?

In this episode, David and Tom Moore, the Exchange Brothers, break down when the 45-day clock starts, how to properly identify replacement property, and what happens when your plans change after Day 45.

They walk through the 3-property rule, 200% rule, and 95% rule, including a simple $500,000 property example that makes the identification options easier to understand. They also explain how DSTs are identified, whether you need to be under contract before identifying a property, and what happens when an identified property falls through.

Plus, we share stories from more than 35 years in the 1031 exchange business — including a remarkable exchange involving 24 replacement properties and roughly $1 million in potential tax.

They also discuss an often-overlooked part of the exchange process: when your Qualified Intermediary can actually release your funds and why choosing a QI involves more than comparing fees.

If you're selling investment real estate, currently in a 1031 exchange, or simply want to understand the process before you sell, this episode will help you better understand the deadlines and identification requirements before you're up against the clock.

01:52 — When Does the 45-Day Clock Actually Start?

05:24 — The 180-Day Deadline & Your Tax Return

10:58 — The 3-Property Rule

11:28 — The 200% Rule

12:30 — The 95% Rule

13:47 — The $1 Million Tax Story: 24 Replacement Properties

15:14 — Do You Need a Contract Before Identifying?

18:13 — How Specific Does Your Identification Need to Be?

23:07 — When Can You Get Your 1031 Funds Back?

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What if your IRA could do more than invest in stocks and mutual funds?

Today, we're the IRA Brothers.

In this episode we dig into the world of self-directed IRAs and real estate investing… from buying property inside a retirement account to checkbook control, prohibited transactions, financing, house flipping, private lending, and some of the mistakes that can create serious tax problems.

If you've ever wondered whether your IRA can buy real estate, borrow money, partner with you on a deal, or even act as the bank, this episode breaks down what investors need to know before putting retirement dollars to work.

00:00 — Using Your IRA to Invest in Real Estate
04:56 — How to Buy Real Estate With a Self-Directed IRA
07:12 — Checkbook IRA / IRA LLC Explained
17:01 — Custodian Fees, Control & Buying Property Faster
21:53 — Prohibited Transactions: Mistakes to Avoid
27:51 — What If Your IRA Doesn't Have Enough Money?
28:40 — Non-Recourse Loans, UBIT & Borrowing With an IRA
41:30 — Flipping Houses With an IRA: The Tax Traps
01:02:23 — Become the Bank: Private Lending With Your IRA

Whether you're already using a self-directed retirement account or you're just discovering what's possible beyond traditional investments, this conversation gives you a starting point for understanding how real estate and retirement accounts can work together, and where investors need to be careful.

Learn more about IRA Advantage and Exchange Brothers, and check out the full episode for more real estate and retirement-investing conversations.

This podcast is for educational purposes only and is not intended as individualized tax, legal, or investment advice.

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Most investors don't think about tax strategy until the day they list a property, but by then, the best options could be off the table. In this episode of The Exchange Brothers, David and Tom Moore break down why tax planning needs to start at acquisition, not disposition, and unpack two of the most misunderstood tools in a 1031 investor's toolkit: TIC and DST ownership structures, and mixed-use property conversions.

0:00 Welcome back, and the "no second-home changes" myth

3:34 Why planning is the whole game

6:57 Do you actually have a tax liability?

10:25 Facilitator vs. accommodator (and blending 1031 with IRA money)

13:24 Reddit case: a rental into a new primary home?

18:39 Converting a 1031 into a residence — why the "genius" move fails

33:46 "Exchange or sell," ADUs, and hold-period myths

43:25 Forever homes, the 121 exclusion debate, and vesting traps

57:25 TIC vs. DST, diversification, and the $500K deferral-cap threat

You can find every episode of this show on Apple Podcasts, Spotify or YouTube. For more, visit 1031exchange.com

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