InSight

Tax Mitigation Playbook: Who manages the 1031 Exchange Process?

Financial Planning Dentist

Since 1991, IRC § 1031 has required the use of an impartial third party to hold the proceeds from the Relinquished Property sale until the close on the Replacement Property. This third party is known as a qualified intermediary. 

Not only does the qualified intermediary hold the funds during the exchange period, but they also help structure the exchange, prepare the exchange documentation, and continuously monitor and guide the taxpayer to ensure compliance of the exchange in accordance with Section 1031 at both the state and federal level. 

While there are no federal regulations governing qualified intermediaries, with the help of the Federation of Exchange Accommodators (FEA), many states started state-level requirements to uphold high professional standards for qualified intermediaries conducting exchanges in their states. The requirements can vary from state to state, but typically include some or all of the following: 

  • Minimum bond and insurance requirements
  • Registration and licensing requirements
  • Investment limitations on exchange funds
  • Qualified escrow and/or trust accounts for exchanger funds
  • Fund withdrawal authorization requirements

The foundation of all successful 1031 exchanges is laid by the qualified intermediary. Do your due diligence in researching qualified intermediaries to ensure you are not only getting the best service possible but to ensure your deferred capital gains tax will hold up above IRS review. 

More related articles:

Articles
Kevin Taylor

The Room where it Happens

The future of digital assets is more about the people in the room than the asset itself. The evolving landscape of cryptocurrency regulation in the United States is increasingly being shaped not by the viability of the asset class itself, but by the individuals occupying key positions within the Securities

Read More »
Articles
Kevin Taylor

What is an ETF and why do we use them?

Exchange-Traded Funds (ETFs) are a type of investment vehicle that combines the features of mutual funds and stocks. They are funds that hold a diverse portfolio of securities and are traded on an exchange like a stock. ETFs provide investors with a low-cost, transparent, and flexible way to invest in

Read More »
colorado financial advisors, financial expertise, financial planning
Articles
Kevin Taylor

Why I do yoga with the kids

As a dad, I’ve always been on the lookout for fun activities to do with my kids. So when I discovered the benefits of yoga for both physical and mental health, I knew it was something we had to try together. And now, yoga has become a regular part of

Read More »

Pin It on Pinterest