Who can help with a 1031 exchange?

Question

Who are the key professionals or entities involved in facilitating a 1031 exchange, and what roles do they play in ensuring the transaction is compliant with IRS regulations and successfully defers taxable gains?

ARTE's Answer

When it comes to executing a 1031 exchange, there are several key players who can assist you in successfully navigating the process. A 1031 exchange allows you to defer capital gains taxes on the sale of investment property by reinvesting the proceeds into a like-kind property. To ensure compliance with IRS regulations and to maximize the benefits of the exchange, it's crucial to have the right team in place. Here's a breakdown of who can help:

  1. Qualified Intermediary (QI): The most critical player in a 1031 exchange is the Qualified Intermediary. At Deferred.com, we offer qualified intermediary services to facilitate your exchange. As a QI, we act as a neutral third party to hold the proceeds from the sale of your relinquished property and use them to acquire the replacement property on your behalf. This is essential because you cannot have actual or constructive receipt of the sale proceeds to qualify for tax deferral. Our "No Fee Exchange" service is designed to save you money while ensuring a smooth transaction.
  2. Real Estate Agent: A knowledgeable real estate agent can help you identify suitable replacement properties that meet the like-kind requirement. They can also assist in negotiating terms and ensuring that the transaction aligns with the 1031 exchange timelines, such as the 45-day identification period and the 180-day exchange period.
  3. Tax Advisor or CPA: A tax advisor or Certified Public Accountant (CPA) can provide valuable guidance on the tax implications of your exchange. They can help you understand how the exchange will affect your tax situation and ensure that all necessary documentation is in order for reporting the exchange on your tax return.
  4. Real Estate Attorney: A real estate attorney can review contracts and agreements to ensure that the legal aspects of the exchange are properly handled. They can also provide advice on any legal issues that may arise during the transaction.
  5. Title Company or Escrow Agent: These professionals handle the closing process and ensure that the transfer of property is completed according to the terms of the exchange. They work closely with the QI to ensure that funds are properly disbursed and that the transaction is recorded correctly.

Example of a 1031 Exchange with Deferred.com as the Qualified Intermediary:

Let's say you own an investment property—a rental home—you purchased for $300,000. Over the years, its value has appreciated, and you now have the opportunity to sell it for $500,000. You want to defer the capital gains tax on the $200,000 gain by using a 1031 exchange to purchase a new investment property, a commercial building, valued at $600,000.

  1. Engage Deferred.com as Your QI: You contact us at Deferred.com to serve as your Qualified Intermediary. We will handle the exchange funds and ensure compliance with IRS regulations.
  2. Sell the Relinquished Property: You sell your rental home for $500,000. The proceeds are transferred directly to us, Deferred.com, as your QI, so you do not have constructive receipt of the funds.
  3. Identify Replacement Property: Within 45 days of selling your rental home, you identify the commercial building as your replacement property.
  4. Purchase the Replacement Property: Within 180 days, we use the $500,000 held in the exchange account to purchase the commercial building on your behalf. You secure additional financing or use personal funds to cover the remaining $100,000 needed to complete the purchase.

By following these steps and utilizing the services of Deferred.com as your Qualified Intermediary, you successfully defer the capital gains tax on your $200,000 gain, allowing you to reinvest the full amount into a new investment property. This strategic move helps you build wealth by keeping more of your equity working for you.

Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.

Deferred's AI Real Estate Tax Expert (ARTE) is a free research tool. Trained on 8,000+ pages of US tax law, regulations and rulings, ARTE outperforms human test takers on the CPA exam. This is page has ARTE's response to a common 1031 Exchange question and should not be considered personalized tax advice.

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