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.
Section 1031 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
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.
Overview of 1031 Exchanges in Minnesota A 1031 exchange, named after Section 1031 of the Internal Revenue Code, permits real estate investors to defer capital gains taxes by reinvesting the proceeds from the sale of a property into other like-kind property.
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.
Fortunately, the 1031 exchange rules from the federal government allow investors in the Golden State and across the country to defer capital gains on the sale of approved properties.
TIMELINE REQUIREMENTS Measured from when the relinquished property closes, the Exchangor has 45 days to nominate (identify) potential replacement properties and 180 days to acquire the replacement property. The exchange is completed in 180 days, not 45 days plus 180 days.
To qualify for a 1031 Exchange, Relinquished and Replacement Properties must be qualified as “like-kind,” and the transaction must be structured properly. “Like-kind” properties must be real property held for productive use in the investor's trade or business or for investment.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.