The short answer
An identification notice is the written document, signed by you, that designates your replacement property and is sent before the 45-day identification period ends to the person obligated to transfer it or to another person involved in the exchange who is not a disqualified person. The requirements are in Treasury Regulation section 1.1031(k)-1(c)(2) and (c)(3). In most deferred exchanges the notice goes to the qualified intermediary.
At a glance
| Form | A written document signed by the taxpayer |
|---|---|
| Recipient | The replacement seller, or the intermediary, escrow agent or title company |
| Description | Legal description, street address or distinguishable name |
| Revocation | Signed writing sent to the same person before day 45 ends |
Four elements: a writing, your signature, timely delivery and an unambiguous description
Under paragraph (c)(2) of the regulation, replacement property is identified only if it is designated in a written document signed by you and "hand delivered, mailed, telecopied, or otherwise sent" before the identification period ends. A written exchange agreement signed by all parties that names the property also qualifies.
The recipient must be either the person obligated to transfer the replacement property to you, even if that person is a disqualified person, or another person involved in the exchange who is not you or a disqualified person. The regulation lists the parties to the exchange, an intermediary, an escrow agent and a title company as examples.
Under paragraph (c)(3) the description must be unambiguous. For real property that generally means a legal description, a street address or a distinguishable name such as "the Mayfair Apartment Building." The Form 8824 instructions repeat these rules for line 5, where you enter the date of the written identification.
Worked example: a vague notice sent on time still fails
In Example 3 of paragraph (c)(7), the taxpayer delivers a signed notice on June 3 naming "unimproved land located in Hood County with a fair market value not to exceed $100,000." The deadline is July 1. On July 8 both sides agree which parcel was meant. Because nothing was unambiguously described by July 1, no property was identified at all.
A notice that works names each property the way a title officer would recognize it: a street address or legal description for a building, and the full legal name of the trust for a DST interest, with the date and your signature. Furniture and other incidental property need not be listed when the building is described. Check the count against the three-property rule before you send it.
Where it bites: revocations follow the same formalities as the notice
Paragraph (c)(6) lets you revoke an identification before the period ends, but only in a written document signed by you and sent to the person who received the identification. If the identification sits in a written exchange agreement, the revocation must be a written amendment or a signed document sent to all parties.
In Example 7 the taxpayer revokes two properties by phone. The revocation is invalid, all four names still count, and the over-sized list means nothing was identified. Keep proof of when each notice and revocation was sent; the identification period ends at midnight on day 45, and Form 8824 asks for the date. Our answers on how to identify replacement property and filling out Form 8824 cover the paperwork.
Related questions
Can I send the notice to my own real estate agent or attorney?
Generally no. A disqualified person is usually your agent at the time of the transaction or a person related to you, and they cannot receive the notice unless they are the one obligated to transfer the replacement property. See who can act as your intermediary.
Does the seller of the replacement property have to sign it?
No. Only you sign the identification notice. A written exchange agreement is the exception: if the property is identified in that agreement, all parties sign it before the period ends.
Do I need a notice if I close on the replacement within 45 days?
No. Under paragraph (c)(1), property received before the identification period ends is treated as identified. You still need notices for anything else you want on the list.
Sources
Checked against these publications on September 30, 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.