Qualified Intermediary: Role of 1031 Accommodator in Like-Kind Exchange
A 1031 exchange serves as a great strategy to defer taxes for investors considering a real estate sale. The “like-kind” swap is not a taxable event, so there’s no liability for any capital gains you make after the transaction. However, the IRS has set strict rules to ensure that such exchanges aren’t abused and are conducted according to existing guidelines.
How to Identify a Property with Your Qualified Intermediary
A qualified intermediary (QI) is one of the most important people you’ll interact with during a 1031 exchange. For that reason, you’ll want to find a reputable QI to work with you through the exchange process.
Can My Lawyer Be a Qualified Intermediary (QI) for a 1031 Exchange?
Using a 1031 exchange to defer capital gains taxes when you sell an investment property and reinvest the proceeds can effectively leverage your investment options. For example, suppose you have a real estate asset you purchased for $400,000 several years ago, and now you can sell the property for $600,000. In a standard sale, you would owe capital gains taxes on the $200,000 gain, reducing how much you could reinvest. If you execute the transaction as a 1031 exchange, you can reinvest the entire $600,000. The tax on the capital gain is deferred, not eliminated.
What is a Qualified Escrow Account?
A qualified escrow account offers a secure and reliable way to hold and manage funds for a specific purpose while also providing protection for all parties involved. Investors often use this type of escrow account in a 1031 exchange to hold the funds from the proceeds of a sale until the purchase of a replacement property is complete.
Who Holds the Proceeds in a 1031 Exchange?
In a 1031 exchange, the investor typically works with a qualified intermediary (QI), also known as a facilitator, who acts as a neutral third party to facilitate the exchange. The QI plays a crucial role in the exchange process, as they hold the proceeds from the sale of the relinquished property and facilitate the purchase of the replacement property.
