A TIC 1031Exchange Advisor handles the compulsory mechanics of a
1031 exchange for the taxpayer. An exchange must be made by an independent
third-party according to the US treasury Regulation 1031. You will also hear
a TIC 1031 exchange advisor or DST Investment professionals are
also referred to as a "accommodator" or “facilitator.”
It is mandatory to have an
exchange agreement and use a Qualified Intermediary so that the IRS does not
consider the taxpayer to have taken constructive receipt of the proceeds from a
sale/disposition. Upon closing, the proceeds of the sale will go directly to
the exchange advisor, rather than the taxpayer. The qualified intermediary will
then hold the proceeds until they are required to acquire a replacement
property, at which time the facilitator will send the funds directly to the
closing agent who deeds the property to the exchanger.
According to US Treasury
Guidelines, a TIC 1031 exchange advisor or QI is defined as:
1. A person under contract with the investor in an
Exchange Agreement. The exchange advisor or QI has four specific
responsibilities to the taxpayer, specifically to:
- Obtain relinquished properties from the
taxpayer.
- Transfer the relinquished property.
- Obtain the replacement property.
- Transfer the replacement property to the
taxpayer.
2. A person who is neither disqualified or the
taxpayer entering the exchange.
3. The Exchange Agreement contract must state that
there is a limit to the taxpayer’s rights to receive, donate, borrow, or obtain
benefits of money or other property, which is held by the QI in some other
method. This is in accordance with US Treasury Regulation.
Points
you should find in your DST InvestmentProfessionals
An accommodator is bound by the minimum number of
rules and regulations. The facilitator don’t need a license to do the exchange.
Hence it is important to choose of QI wisely. Go through the following set of
questions before hiring an accommodator.
·
Is
fidelity bond (bond between the accommodator and taxpayer) as per occurrence or
coverage?
·
Is
there any policy limitation for fidelity bond coverage or not?
·
Where
do you hold the funds of the client? Do you put it in Qualified Escrow Account
or Qualified Intermediary Trust account?
·
What
type of investment will you suggest for my funds of 1031 Exchange?
·
What
is the sufficiency score of E&O insurance coverage?
·
Do
you have prior experience in the field of 1031 Exchange?
·
Have
you worked as a QI before? If yes, can you please tell the number of years?
Are
you still confused? Don't worry, you can contact with us to get all queries
solved in a hassle-free manner. Also, you can find a perfect facilitator for
yourself here at 1031 sponsors.
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