1031 Exchange Rules
Posted by Andy Gustafson on Mon, Jul 12, 2010
1031 exchange rules can be difficult to understand. Implying that a 1031 exchange is highly structured and should not be entered into without the guidance of a Qualified Intermediary or a seasoned attorney who steps up to date on the current IRS rulings.
The 1031 code was created by the Treasury Department and is enforced by the Internal Revenue Service. Though the code is black and white, there are gray areas that can be interpreted differently. As a Qualified Intermediary, I rely on Revenue Procedures, Private Letter Rulings and other advisories to understand the fine details.
1031 Exchange Rules
1031 exchange rules cover a wide variety of transactions ranging from the rancher to the corporation. Each tax deferred exchange follows the same time lines, identification procedures and strategies. In addtion, the exchange rules provide direction regarding:
- What is and is not eligible;
- Role of Qualified Intermediary;
- State requirements;
- Time line requirements;
- Related parties;
- Foreign investors;
- Determining gain;
- Reporting requirements;
- Identification requirements;
- Natural disasters, terroristic or military actions;
- Receipt of money and debt reduction;
- Definition of disqualified persons.
When initiating a 1031 exchange, review the 1031 exchange rules, know what to expect and take ownership. Ignorance is no excuse.
The Certified Exchange Specialist on staff at Atlas 1031 Exchange has been providing qualified intermediary services to professional advisor's and their clients since 2003.
