Exchange Details & Requirements

Can Your Tax Professional or
Legal Advisor Be Your Qualified Intermediary?

A successful 1031 Exchange must avoid “actual or constructive receipt” of exchange proceeds or other property. A Qualified Intermediary is essential to satisfy safe harbor requirements. To qualify under the “Safe Harbor” requirements, the Exchanger or his agents are prohibited from acting as Qualified Intermediary. Examples of disqualified persons include any person who has provided tax or legal advice within two years of the transaction. Disqualification as Qualified Intermediary further extends to the disqualified person’s law firm or accounting firm.

Please see “Role of a Qualified Intermediary” in the Exchange Topics and consult with your tax and legal advisors for more complete information.