Who is involved in a 1031 property exchange?
Exchanges can be performed by Individuals, Trusts, Partnerships, or Corporations as long as the property is held for use in a trade or business OR for investment.
A Qualified Intermediary(QI) facilitates the exchange of like-kind properties for the purpose of deferring the tax consequence related to a traditional sale and purchase of eligible properties for the Exchanger.
- Receipt of funds by the property owner/entity is not permitted in a Section 1031 Exchange. A QI must facilitate the process so the property owner never has “constructive receipt” of the funds.
- Relatives or professionals (e.g. accountant, real estate agent or lawyer) you have worked with in the last two years cannot serve as the QI.
- You cannot serve as your own Intermediary! As noted above, that would break the rule of constructive receipt (having access to or ability to direct funds from the Exchange).
Relinquishing or replacing property can generally be performed with anyone, even those you may be related to, however, there are specific rules that must be followed when exchanging with a related party. Failure to follow those rules could invalidate the tax-deferred status of your exchange.
Typically represents the seller and/or buyer in a property transaction. Will work closely with all other parties to insure a smooth Exchange for the client.
Typically acts as the closing agent for the property sale. Works closely with the Intermediary to insure funds for the transaction are handled securely and helps facilitate completion of documents required for validating the Exchange.Return to 1031 Exchange Info