transactional expenses

How a Qualified Intermediary can Help Financial Planners Collect Fees in a 1031 Exchange

Financial Planning Fees in a 1031 Exchange

Many financial planners don't want to collect a commission for their client’s purchase of a tenant-in-common or Delaware Statutory Trust property, but a fee instead. The 1031 qualified intermediary can be helpful in facilitating the payment of typical and customary transactional expenses during a 1031 exchange, which could include your fee for consulting and advising your client on the purchase of the property.

How a Qualified Intermediary Can Help

To accomplish this, you simply need to send to the intermediary your fee agreement that says that you're entitled to $50,000 (for example) for advising your client on the purchase of this asset, and the client's signature on that agreement.

Then what the qualified intermediary can do is prepare a disbursement request to authorize the transfer of the $50,000 transactional expense to the financial advisor, which is typically wired in conjunction with the other wire for the purchase of the replacement property interest.

So at the time of the closing, the intermediary sends one wire to the financial planner to pay them for their fees in conducting and advising the client and the other wire goes to the DST sponsor to pay for the property.

Customary Expenses

Typical and customary expenses can be paid for by the intermediary and if it's authorized in writing we have no problem whatsoever in facilitating the payment of commissions and flat advisory fees for your valuable service in helping the client find and close on an appropriate fractional interest in a property.

  • Start Your Exchange: If you have questions about collecting advisory fees in a 1031 transaction, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

 

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved

Replacement Property Closing Costs

replacement property closing costs

One of the key concepts when you are completing a 1031 exchange and closing on your new replacement property is to re-invest all of your 1031 exchange funds into your new like-kind replacement property, rather than to pay for non-qualifying transactional expenses.

For example in a real estate exchange, if you use your 1031 funds to pay for a car (which is not like-kind to real estate), then the money applied for the car would trigger the recognition of gain.

Qualifying Transactional Expenses

Taxpayers are allowed to pay for some ‘qualifying’ transactional expenses such as real estate agents commissions, attorney’s fees (related to the 1031 and real estate), recording costs, qualified intermediary fees and customary transactional expenses that would normally appear on closing statement in the area where the property is located.

Non-Qualifying Transactional Expenses

As a pointer for 1031 purposes, when a taxpayer is purchasing their new Replacement Property, the taxpayer/buyer should not use 1031 proceeds to pay for non-qualifying transactional expenses. Instead, he or she should give the seller a separate check (from non-1031 funds) for those costs.

Some of the most common non-qualifying transactional expenses are:

  • Costs of assuming or putting on new debt, mortgages or deeds of trust (the IRS looks at the debt like it is a separate non-qualifying asset);

  • Charges for rent proration (this is typically an operational expense that should be paid with non-1031 funds);

  • Charges for property tax proration (this is typically an operational expense that should be paid with non-1031 funds);

  • Large amounts of personal property, such as movable items of equipment and furniture (this is not like-kind property)

The key idea is to apply the full amount of the taxpayer/buyer’s 1031 proceeds to pay the purchase price for the like-kind real estate.

  • Start Your 1031 Exchange: If you have questions about replacement property closing costs in Minnesota, feel free to call me at 612-643-1031.

Defer the tax. Maximize your gain.

 

© 2017 Copyright Jeffrey R. Peterson All Rights Reserved