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A summarized view of the 1031:
The person undertaking a like-kind exchange is the
taxpayer. The taxpayer starts a like-kind exchange
owning real property that he or she will relinquish in
the exchange and will end the transaction owning
replacement real property that he or she will receive in
the exchange.
The
relinquished property is the taxpayer's old property
that he or she will convey to someone else (the buyer)
in the like-kind exchange.
The
replacement property is the real property that the
taxpayer will receive in the like-kind exchange and own
after the transaction is completed.
The buyer is
the party who buys the taxpayer's relinquished property
in the like-kind exchange. The seller is the party who
starts the like-kind exchange owning the replacement
property and, in effect, sells the replacement property
to the taxpayer.
In the
context of a like-kind exchange, boot means property
that does not qualify for nontaxable like-kind exchange
treatment. The most important form of boot in like-kind
exchanges is cash. The receipt of boot usually is to be
discouraged-or, at least, minimized-in a like-kind
exchange.
A forward
exchange is a transaction in which the taxpayer first
transfers his or her relinquished property and later
acquires replacement property.
An exchange
intermediary (also, "intermediary," "qualified
intermediary," "qualified exchange intermediary,"
"deferred like-kind exchange intermediary," or "QI") is
a party who holds the net proceeds from the sale of
relinquished property until these funds are needed to
acquire replacement property.
An exchange
agreement is a written agreement between the taxpayer
and his or her exchange intermediary pursuant to which a
forward exchange is undertaken.
The exchange
balance is the net proceeds of a forward exchange, which
is held by the exchange intermediary to reinvest in
replacement property.
The
identification period for a forward exchange is a period
that begins on the date the taxpayer transfers the
relinquished property and ends at midnight on the 45th
day thereafter.
The exchange
period for a forward exchange is a period that begins on
the date the taxpayer transfers the relinquished
property and ends at midnight on the earlier of the
180th day thereafter or the due date (including
extensions) for the taxpayer's income return for the tax
year in which the transfer of the relinquished property
occurs.
A reverse
exchange is a transaction in which the replacement
property is owned by ("parked with") an intermediary
party during the pendency of the like-kind exchange
until the taxpayer is able to sell his or her
relinquished property. Then, the replacement property is
exchanged to the taxpayer.
An exchange
accommodation title-holder is the party who owns the
replacement property during the pendency of the reverse
like-kind exchange.
A qualified
exchange accommodation agreement (QEAA) is an agreement
between the taxpayer and his or her exchange
accommodation title-holder pursuant to which the reverse
like-kind exchange is undertaken.
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