Tax Deferred Exchange Requirements
Tax Deferred Exchange Requirement
There are four distinct requirements applicable to all
tax deferred exchanges :
In order to qualify as a tax deferred exchange, 100% of the monies earned through the sale of any rental real estate must be reinvested in the replacement rental real estate.
Also, the amount of equity held in any like kind rental real estate for reinvestment must be greater than or equal to that of the relinquished rental real estate.
Third Tax Deferred Exchange Requirement: The real estate investor must use a Qualified intermediary ( tax deferred exchange facilitator or tax deferred exchange accommodator) to hold the funds from the first sale until purchase of the new rental real estate is closed. The Qualified Intermediary (QI) acts as the middle-man in the tax deferred exchange, providing paperwork, oversight, escrow services, and expertise necessary to ensure that the transaction legally qualifies as a tax deferred exchange.
Fourth Tax Deferred Exchange Requirement: IRS rules require the exchange of like-kind rental real estate. This does not mean that tax deferred exchange rental real estate must be of the exact nature as the relinquished tax deferred exchange rental real estate. Any real rental real estate held for investment or real rental real estate used in a trade or business can be exchanged in a tax deferred exchange for any other real rental real estate held for investment or used in a trade or business.