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CAN THE IDENTIFIED REPLACEMENT PROPERTY BE MODIFIED OR ALTERED AFTER THE IDENTIFICATION PERIOD BUT BEFORE MY RECEIPT?

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CAN THE IDENTIFIED REPLACEMENT PROPERTY BE MODIFIED OR ALTERED AFTER THE IDENTIFICATION PERIOD BUT BEFORE MY RECEIPT?

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The replacement property received must be “substantially the same property” as that which was identified. While the rules for deferred exchanges appear to sanction exchanges in which 75% or more of any vacant land parcel identified is acquired, some confusion exists as to the application of this “rule”. In a construction exchange, only “variations due to usual or typical production changes” are allowed. As a consequence, significant changes should not be made to property under construction, except within the Identification Period, during which time such identification can be revoked, amended and re-submitted.

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