Agreement Of Exchange
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FAQ
Although many taxpayers include language in their purchase and sale agreements establishing their intent to perform an exchange, it is not required by the Internal Revenue Code in a Section 1031 exchange. It is important, however, that the purchase and sale agreements for both properties be assignable.
1. Select a Qualified Intermediary. 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.
A written agreement between the exchanger and the Qualified Intermediary (QI) defining the transfer of the relinquished property, the ensuing purchase of the replacement property, and the restrictions on the exchange proceeds during the exchange period.
This agreement sets out the terms and conditions by which a management equityholder rolls over exiting equity in the target portfolio company and receives equity in a newly-formed holding company in a tax beneficial exchange.
How to do a 1031 exchangeStep 1: Identify the property you want to sell.Step 2: Identify the property you want to buy.Step 3: Choose a qualified intermediary.Step 4: Decide how much of the sale proceeds will go toward the new property.Step 5: Keep an eye on the calendar.Step 6: Be careful about where the money is.More items...