1031 Exchange Agreement Form In Fulton

State:
Multi-State
County:
Fulton
Control #:
US-00333
Format:
Word; 
Rich Text
Instant download

Description

The 1031 exchange agreement form in Fulton facilitates the exchange of real property to meet the criteria outlined in I.R.C. § 1031, allowing the parties to defer taxes on capital gains. This agreement is essential for the Owner and Exchangor as it outlines the process of assigning contract rights, utilizing escrow accounts, and managing replacement properties. Key features include the requirement for noticing all parties involved about contract assignments, detailed timelines for identifying and acquiring replacement properties, and establishing escrow funds. For attorneys and legal assistants, this form simplifies the complexities of real estate transactions, ensuring compliance with tax regulations. It serves partners and owners by providing a clear framework for property exchanges while also protecting their rights. The form contains provisions for liability, dispute resolution, and indemnification, making it a crucial tool for anyone involved in property exchanges under US law.
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  • Preview Exchange Agreement for Real Estate
  • Preview Exchange Agreement for Real Estate
  • Preview Exchange Agreement for Real Estate
  • Preview Exchange Agreement for Real Estate
  • Preview Exchange Agreement for Real Estate
  • Preview Exchange Agreement for Real Estate
  • Preview Exchange Agreement for Real Estate

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FAQ

What Is a Qualified Intermediary? Qualified Intermediary (QI) is someone a property seller selects to oversee the 1031 exchange process and its funds. They hold the funds from the previous property and use them to acquire the new replacement property to ensure compliance with IRS regulations.

A 1031 exchange does not obviate the need for a realtor. Quite to the contrary, in most cases an Exchanger has an even greater need for a realtor due to the time constraints placed on Exchangers.

Your 1031 exchange must be reported by completing Form 8824 and filing it along with your federal income tax return. If you completed more than one exchange, a different form must be completed for each exchange. For line-by-line instructions on how to complete form, download the instructions here.

A Qualified Intermediary, or QI, is an independent third party to the transaction whose function is to prepare the documents necessary to create the exchange, as well as to act as the independent escrow agent for the exchange funds.

While it may be tempting to ask your CPA to act as your Qualified Intermediary, a CPA cannot facilitate a 1031 exchange between investors. Under IRC Section 1031 guidelines, CPAs, attorneys, investment bankers, and real estate agents/brokers fall under the 'agent' category.

A 1031 exchange gets its name from Section 1031 of the U.S. Internal Revenue Code, which allows you to avoid paying capital gains taxes when you sell an investment property and reinvest the proceeds from the sale within certain time limits in a property or properties of like-kind and equal or greater value.

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1031 Exchange Agreement Form In Fulton