1031 Tax Deferred Exchange Information
What is a 1031 Exchange?
The Internal Revenue Code provides that a taxpayer may sell an asset (personal property or
real property) and defer payment of capital gains tax if that taxpayer
uses the proceeds to acquire a like kind replacement asset.
Why Exchange?
Capital gains tax is significant:
Reinvestment into replacement property allows taxpayer to leverage dollars that would otherwise be spent on taxes:
Allows for non-income producing property to be replaced with income producing property; and
Allows taxpayer to diversify portfolio and minimize risk
What Does a “Qualified Intermediary” do?
Act as “Qualified Intermediary” as required by the Treasury Regulations:
Prepare all documents required for the exchange:
Consult with your tax advisor
Execute closing documents
Hold the exchange proceeds to avoid constructive receipt of funds; and
Coordinate with the closing agents, real estate professionals, and tax and legal advisors.