95% Rule

The 95% Rule lets a 1031 exchanger identify any number of replacement properties with no value cap, but requires actual acquisition of 95% of the combined identified value.

What it means

The 95% Rule is rarely used and easy to blow. A taxpayer may list any number of replacement candidates at any total value — but they must close on at least 95% of that aggregate identified value within the 180-day window. Missing the 95% threshold converts the exchange into a taxable sale.

In practice, the 95% Rule appears in institutional portfolio replacements where the exchanger intends to close on essentially everything identified. Most exchangers should use the Three-Property or 200% Rule.

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