The IRS statute requires that you use a qualified intermediary (QI) to perform your 1031 exchange. While it is possible for an attorney to provide this service, it doesn't have to be an attorney and it can't be an attorney you have utilized for any other matters.
Without the help of a Qualified Intermediary, you run the risk of nullifying the 1031 exchange and incurring a large tax burden.
Qualified Intermediaries are responsible for (1) preparing the 1031 exchange legal agreements and related documents; and (2) holding, safeguarding and investing the 1031 exchange funds during the like-kind exchange transaction; and (3) coordinating the overall tax-deferred exchange transaction; and (4) keeping the tax- ...
While the IRS doesn't set a strict holding period for a 1031 exchange, many tax experts or legal advisors recommend holding the property for at least one year, with two years being the solid, safer length of time. This timeframe aligns with the tax treatment of capital gains and helps establish a clearer intent.
A primary residence usually does not qualify for an exchange because it is not used in trade or business or investment. That said, that portion of the primary residence that is used in a trade or business or for investment may qualify for a 1031 Exchange.
Steps to Complete a Michigan 1031 Exchange CONSULT. Speak with your tax and financial advisors before selling your property to make sure a 1031 exchange is right for you. FIND A QUALIFIED INTERMEDIARY (QI) ... CHOOSE REPLACEMENT PROPERTY. DEBT OR NO DEBT? ... PROCESSING & PAYMENT. RECEIVE DISTRIBUTION.
While foreign property is not of a like kind with domestic property, foreign properties are considered like-kind with one another. You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
How to Do a 1031 Exchange Choose a qualified intermediary to coordinate the exchange. Sell your current real estate property. You have 45 days to identify potential replacement properties. You have 180 days to close on a replacement property. File IRS Form 8824.