EXCHANGE PROPERTY IDENTIFICATION RULES MAY APPLY
Three basic rules serve to limit the number of properties that can be identified. The Taxpayer shall identify only that number of Replacement Properties which meets one of the "rules" set forth below:
- The Three-Property Rule -Three (3) Replacement Properties without regard to the fair market value of the Properties. For those who identify more than three properties, the next two rules apply.
- The 200% Rule - Any number of Properties so long as their aggregate fair market value as of the end of the Identification Period does not exceed two hundred percent (200%) of the aggregate fair market value of the Relinquished Property as of the date the Relinquished Property was transferred by the Taxpayer.
- The 95% Rule - Any number of Properties without regard to their aggregate fair market value so long as the Taxpayer received identified Replacement Properties constituting at least ninety-five (95%) of the aggregate fair market value of all identified Replacement Properties before the end of the Exchange Period.