BLOG
Do I Need a 1031 Exchange Qualified Intermediary Near Me?
While local QIs offer proximity and knowledge of specific regulations, national QIs like Accruit provide broader expertise, resources, and risk management capabilities. National QIs understand regulations across the country, including state-specific mandates, such as those in Colorado and California.
Local QI vs. National QI
Generally, the most important aspect of picking a Qualified Intermediary to help an Exchanger carry out their Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange is peace of mind, competency, and dependability. These attributes are not exclusive to local businesses, in fact they might be more commonly found with a national QI.
When considering a QI for a Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange , the decision shouldn’t be based on proximity, but rather several other factors that have a greater impact on the exchange, including the following:
Experience & Expertise
Local: Knowledgeable of specific local regulations & transactions, smaller volume of cases, limited expertise in complex transactions
National: Knowledgeable of wide range of regulations & transactions across different states, larger volume of cases, greater expertise with complex transactions
Resources to Scale
Local: May be more limited on resources, work on a smaller scale with fewer cases, locally concentrated network
National: Typically, robust resources and efficient handling of large volume of cases, wider network of professionals
Risk Mitigation
Local: Might not be able to offer the same level of risk mitigation
National: Likely to have strong insurance coverage and bonding in place, added safeguards for clients
While both types of QIs have their benefits, national QIs tend to offer wider expertise, resources, and risk management capabilities. However, the decision ultimately depends on individual needs, transactional complexity, and personal preferences.
State Regulations for QIs
When selecting a Qualified Intermediary, there are many options to choose from, some local and some national. While the idea of a local QI may seem attractive, a nationally recognized QI could provide the The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange r with a better experience and more robust knowledge of the rules & regulations of IRC Section 1031, including the most recent court cases.
It’s important to remember there is no federal regulation of Qualified Intermediaries, however there are some state-level regulations in a handful of states that are meant to protect the The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange r when facilitating an exchange with Relinquished Property within that state. We will focus on Colorado, Accruit’s headquarters, and California, a state with some of the most extensive requirements for Qualified Intermediaries.
Colorado
Requirements for Qualified Intermediaries conducting Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange s vary from state-to-state. In 2009, Colorado’s legislature passed HB09-1252. This legislation includes the following requirements:
QIs must maintain a minimum $1 million fidelity bond, and a $250,000 E&O policy.
QIs must deposit exchange funds into an escrow account in which both QI and The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange r need to authorize withdrawals. If the account holds more than $250,000, the client must provide written authorization for a withdrawal.
QIs must notify clients within two days of any changes in asset ownership, as well as always acting as a client fiduciary for the Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange funds.
QIs are prohibited from storing client exchange funds in the same account as operating funds, as well as lending exchange funds to anyone other than the Exchange Same as intermediary, facilitator, or Qualified Intermediary. The party who facilitates a tax-deferred exchange by acquiring and selling property in an exchange to aid the taxpayer in complying with Section 1031 and all applicable rules. Accommodator Titleholder.
Seller must set aside money for taxes on the property. To satisfy this requirement, investors executing a Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange must sign an “affirmation of reasonably estimated tax to be due”. This is to notify the state that the investor won’t owe taxes, since they will be deferred using a Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange .
California
California imposes similar requirements for QIs as Colorado, in Senate Bill 1007, Chapter 708 which include:
Identical fidelity bond and Errors & Omissions (E&O) policy.
QIs must act as custodians and maintain strict management of client funds.
The California Franchise Tax Board mandates QIs to withhold 31/3% of the sales price for the The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange r if the exchange fails.
For Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange s involving out-of-state property, California enforces a "claw back" policy:
Investors/property owners cannot evade state taxes by exchanging California property for out-of-state property.
Profits from the replacement property sale are taxed both in the selling state and California.
Other State Regulations
In addition to Colorado and California, other states with Regulations on Qualified Intermediaries include:
Idaho
Maine
Nevada
Virginia
Washington
With help from the Federation of Exchange Same as intermediary, facilitator, or Qualified Intermediary. The party who facilitates a tax-deferred exchange by acquiring and selling property in an exchange to aid the taxpayer in complying with Section 1031 and all applicable rules. Accommodator s (FEA), several states including Colorado are instituting further requirements, leading by example in assuming higher industry standards for Qualified Intermediaries.
Requirements include:
Qualified escrow and/or trust accounts for client funds.
Minimum bond and insurance requirements
Fund withdrawal authorization requirements.
Registration requirements for QIs.
Investment limitations on exchange proceeds.
To conclude, as an The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange r, you do not necessarily need to have a Qualified Intermediary near you, since IRC Section 1031 is in the federal tax code, a local presence doesn’t necessarily provide any additional benefit. While an The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange r might not be able to walk into an Accruit office, Accruit’s effortless and consistent accessibility makes direct communication simple via live chat, phone calls, virtual meetings, and email communication directly with the parties handling your exchange.
The Accruit Difference
Accruit is a national leading Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange Qualified Intermediary headquartered in Denver, CO with satellite offices across the country including Chicago, IL, Dillon & Bozeman, MT, Miami, FL, Philadelphia, PA, Detroit, MI, and Phoenix, AZ, to name a few. In these cities, Accruit is not only a leading national QI, but also a reliable, local option for those wanting to stick with a QI closer to home.
While there is an abundance of Qualified Intermediaries available, they do not all offer the same level of service as a national QI, like Accruit. Accruit takes pride in offering boutique-style services across a diverse range of exchanges from simple to the most complex.
Accruit sets itself apart from other QIs in a variety of ways, including: $50 million Fidelity Bond, $25 million E&O, and $15 million Cyber Liability.
Robust team of Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange experts, including five staff attorneys, CPAs, and multiple Certified Exchange Specialists® (CES).
The developer of the patented Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange workflow technology that allows for a seamless and efficient exchange process in turn allowing our team to provide a better customer experience and more meaningful dialogue with Exchangers since the mundane data collection is electronic and automated through embedded controls.
Accruit is specialized to accommodate all shapes and sizes of Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange s, regardless of a variety of complex factors including:
Institutional Investors with High-Volume The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange s
Exchanging involving Multiple The purchaser of the taxpayer's relinquished property. Buyer s and Sellers, including LLCs, Corporations, and Partnerships
Fractional A charge paid by a borrower to a lender for the opportunity to borrow funds via a loan or the funds earned by an account owner/beneficiary on the amount held on deposit. Interest s (Delaware Statutory Trusts (DSTs) and Tenants in Common (TICs))
Individual or entity that owns replacement property desired by the taxpayer. Seller -financed Transactions
Multiple Relinquished and Replacement Properties
The transfer of the relinquished property to the Qualified Intermediary, and the receipt of the replacement property from the Qualified Intermediary is considered an exchange. To be compliant with IRC Section 1031, the transaction must be properly structured, rather than being a sale to one party followed by a purchase from another party. Exchange s That Occur in Multiple States
Accruit’s patented Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange technology, Exchange Manager ProSM, sets us apart from other QI companies. Standardizing workflow with automated deadline reminders and document creation increases efficiency, decreasing error potential throughout the Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange process. This software coupled with our Qualified Professionals, including five staff attorneys, Certified Public Accountants (CPAs), and multiple Certified Exchange Specialists® (CES), makes for diligent, streamlined exchanges.
For an Exchanger, a national Qualified Intermediary with a comprehensive array of services and expertise, like Accruit, makes navigating the complexities of Internal Revenue Code Section 1031 states that "no gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment if such property is exchanged solely for property of like kind which is to be held for productive use in a trade or business or for investment." 1031 Exchange s become not just manageable but effortless. Whether you're engaging in forward exchanges, reverse exchanges, or complex transactions involving multiple parties and properties across various states, Accruit’s expert team and advanced technology ensure a seamless experience. At Accruit, we don't merely facilitate 1031 transactions; we enhance them, providing unmatched, meaningful service and expertise at every turn.
The material in this blog is presented for informational purposes only. The information presented is not investment, legal, tax or compliance advice. Accruit performs the duties of a Qualified A person acting to facilitate an exchange under section 1031 and the regulations. This person may not be the taxpayer or a disqualified person. Section 1.1031(k)-1(g)(4)(iii) requires that, for an intermediary to be a qualified intermediary, the intermediary must enter into a written "exchange" agreement with the taxpayer and, as required by the exchange agreement, acquire the relinquished property from the taxpayer, transfer the relinquished property, acquire the replacement property, and transfer the replacement property to the taxpayer. Intermediary , and as such does not offer or sell investments or provide investment, legal, or tax advice.
