attorney

When to Get Your Attorney Involved in Your 1031 Exchange

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People doing 1031 exchanges often ask “should I have my attorney involved in my 1031 exchange?” In this article, we are going to talk about the professionals you should have on your 1031 exchange team.

Involving Your Attorney

I always advise people that if they don't understand what they're doing, or they don't understand what they're reading, they need to assemble the whole crew of professional advisors so they have all the resources available to them.

One of those important resources is your attorney.

It’s important to have the attorney review the various purchase agreements, contracts, and exchange documentation that will be prepared part and parcel with your sale and closings of the relinquished property and replacement property.

Other Professionals to Have on Your 1031 Team

Also, it's very important to bring in your accountant or tax preparer who will eventually be reporting this transaction on form 8824 with your tax return for the year in which you sell the relinquished property.

In addition to the attorney and accountant there are other professionals that can help you navigate these waters such as a sophisticated commercial real estate broker, or financial planner.

All of these folks can provide you the full picture and depth of resources that you need to make the best decisions possible for your set of circumstances.

CPEC1031 in Minneapolis, MN

At CPEC1031, we value long-lasting client relationships. For decades, we have been providing title closing and 1031 exchange services to our clients throughout the state of Minnesota and across the country. Contact us today to learn more about the extent of our services and how we can help you with your next transaction. You can find us at our primary office located in downtown Minneapolis.

  • Start Your 1031 Exchange: If you have questions about 1031 exchanges, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

© 2021 Copyright Jeffrey R. Peterson All Rights Reserved

Can my CPA or Attorney Act as my Qualified Intermediary?

qualified intermediary

The treasury regulations envision the qualified intermediary as being a neutral third party in a 1031 exchange - someone who is not beholden to the tax payer. The taxpayer’s agents, employees, and relatives are all disqualified from being the qualified intermediary. In particular, anyone that’s been your agent or employee in the two years preceding the sale of the relinquished property cannot act as your QI.

So your attorney who has been your employee or your agent or your accountant is disqualified from being your qualified intermediary.

Choosing the Right Qualified Intermediary

Most qualified intermediary companies are separate independent companies that operate in this space exclusively. This is their bread and butter business and that’s what they do day in and day out. That’s who you want to use for your QI. Sometimes taxpayers will put a clause in their exchange agreement asking the qualified intermediary to make a representation that they are in fact a qualified party acting as the QI (i.e. they’re not the agent or employee of the taxpayer). This is not a bad idea, and is something you want to make sure that you address that with your QI.

When you’re choosing a qualified intermediary for your 1031 exchange, the caveat – buyer beware, is the name of the game. Properly vetting your qualified intermediary is one of the most important steps of a 1031 exchange. Not all qualified intermediaries have insurance, fidelity bonds, or other safeguards in place to protect your funds.

  • Start Your Exchange: If you have questions about who can act as your qualified intermediary, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

 

© 2016 Copyright Jeffrey R. Peterson All Rights Reserved