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1031 Exchange Qualified Intermediary: What You Need to Know

  • April 4, 2024
The IRS requires the use of a 1031 exchange qualified intermediary. Learn how they help facilitate the process and how CVC can help with your exchange.

A 1031 Exchange, as outlined by the IRS, is a unique tool that savvy investors can use to retain the full proceeds from selling an investment property within their portfolio. This is achieved by deferring their capital gains tax burden and exchanging into a replacement property.

However, 1031 exchanges have strict rules and guidelines that must be followed meticulously, making them somewhat complex. One such requirement is the involvement of a 1031 exchange qualified intermediary for the exchange to proceed smoothly.

1031 Exchange Qualified Intermediary

A 1031 exchange qualified intermediary is a neutral third party enlisted to aid in the 1031 exchange process. 1031 exchange guidelines require investors to entrust proceeds from the sale of the relinquished property to a QI, who then uses them to acquire the replacement property, ensuring compliance with IRS regulations.

QIs are an IRS requirement and valuable due to their expertise in completing 1031 exchanges. They are enlisted at the beginning of the exchange process, typically before the sale of the relinquished property, and play a crucial role throughout.

 

The Role of a 1031 Exchange Qualified Intermediary

  • Initial Engagement

QIs help the investor understand the exchange process and requirements and help them prepare. 

  • Sale of Relinquished Property

QIs will hold the proceeds from the sale of the relinquished property in a segregated escrow account. They will also prepare necessary exchange documentation. 

  • Identification Period

QIs will sometimes assist the investor in identifying potential replacement properties. Additionally, they will use the proceeds from the sale of the relinquished property to acquire the replacement property. 

  • Purchase of Replacement Property

QIs help facilitate the purchase of the newly identified replacement property. They will use the proceeds from the sale of the relinquished property to complete the purchase. 

  • Closing the Exchange

QIs will ensure that all documentation is properly executed and will coordinate the transfer of funds and titles between parties. 

  • Reporting and Compliance

QIs continue to provide necessary documentation for tax reporting purposes and ensure compliance with IRS regulations. 

It’s crucial to understand that qualified intermediaries are a requirement to commence and complete a 1031 exchange. They are extremely useful in ensuring compliance with IRS regulations and maintaining organization throughout the complex 1031 exchange process.

Who Can Act as a QI?

Many entities can act as 1031 exchange qualified intermediaries, including:

  • Specialized Companies: Companies dedicated specifically to providing QI services often have extensive experience and expertise in facilitating exchange and ensuring IRS compliance.
  • Real Estate Attorneys: Many real estate attorneys also act as QIs and can provide legal guidance and ensure IRS compliance.
  • Banks and Trust Companies: Some banks and trust companies also offer QI services, leveraging their experience with handling financial transactions and escrow accounts.
  • Title Companies: Some title companies will offer QI services as a part of their suite.
  • Qualified Individuals: In some cases, individuals may act as a QI if they meet specific criteria set by the IRS. However, this option is less common as it usually requires specific expertise and adherence to strict guidelines.

What Questions Should I Ask a QI?

 

Questions to Ask a QI

What is their level of experience?

  • How long have they been providing QI services?

  • How many 1031 exchanges have they facilitated?

  • Do they have experience with exchanges similar to yours regarding property type and transaction sizes?

  • Can they provide references from past clients?

What is their QI fee?

  • What is the structure of their fee? Is it flat, a percentage of the transaction amount, or a combination?

  • Are there any additional fees or hidden costs that could arise during the exchange process?

  • How does their fee compare to other QIs?

How accessible are they?

  • What are their communication channels? 

  • Can they be reached by phone, email, or in-person meetings?

  • What is their typical response time?

  • Do they have dedicated staff available to assist you throughout the process and provide guidance outside of regular business hours if needed?

What safeguards do they have in place to protect funds?

  • How do they handle and secure the funds held during the exchange process?

  • Do they have fidelity bond coverage or other forms of insurance to protect against potential losses?

  • Are they compliant with regulatory requirements governing QIs, such as maintaining separate, segregated accounts for client funds?

Can they assist with identifying replacement properties?

  • Do they offer services or resources to help you identify suitable replacement properties within the required timeframe?

  • Are they familiar with the local real estate market and able to provide insights or recommendations?

  • Can they coordinate with other real estate professionals, such as brokers or appraisers, to streamline the property identification process?

Canyon View Capital Offers Unique 1031 Exchange Opportunities

Now that you better understand the role of a 1031 exchange qualified intermediary, it’s time to think about your next steps. While we are not QIs, at Canyon View Capital, we recognize the complexities and challenges associated with 1031 exchanges and the potential benefits they offer investors.

That’s why we provide tailored 1031 exchange options, including the opportunity to exchange into one or more of our multifamily properties as Tenants in Common. This approach allows investors to enjoy the benefits of passive real estate income without property management responsibilities.

Ready to upgrade your portfolio with diversified, stable investments?

For over 40 years, the principals at Canyon View Capital have worked in real estate, with a portfolio currently valued at over $1B1. Our buy-and-hold strategy, concentrated in America’s heartland, is designed to provide consistent investment returns.

For more information on what a 1031 exchange qualified intermediary is, reach out today! 

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1$1B figure based on aggregate value of all CVC-managed real estate investments valued as of March 31, 2023.

Gary Rauscher, President

When Gary joined CVC in 2007, he brought more than a decade of in-depth accounting and tax experience, first as a CPA, and later as the CFO for a venture capital fund. As President, Gary manages all property refinances, acquisitions, and dispositions. He works directly with banks, brokers, attorneys, and lenders to ensure a successful close for each CVC property. His knowledge of our funds’ complexity makes him a respected executive sounding board and an invaluable financial advisor.

This article is being provided for informational purposes only.  The content is not an offer or invitation for subscription of purchase of or a recommendation to purchase real estate or securities.

Information and opinions provided herein reflect the views of the author as of the publication date of this article. Such views and opinions are subject to change at any point and without notice. Some of the information provided herein was obtained from third-party sources believed to be reliable but such information is not guaranteed to be accurate.

This article does not provide any individual advice. The author has not considered the investment objectives, financial situation, or particular needs of any investor. Any forward-looking statements or forecasts are based on assumptions only, and actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision. Any assumptions and/or projections displayed are estimates. No investment decision should be made based solely on any information provided herein. Past performance is not necessarily an indication of future results.

Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk.

Nothing herein is, or is intended to constitute, investment, tax, or legal advice or a recommendation to buy or sell any types of real estate, securities, or investments.  There is a risk of loss relating to any investment in real estate or securities, including the risk of total loss of principal, which an investor will need to be prepared to bear. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will be profitable or suitable for a particular investor’s financial situation or risk tolerance. You are encouraged to consult your investment, tax, and legal advisors regarding you particular circumstances, and what may be advisable for you.

Eager to Find Alternatives to Stock Market Fluctuations?

Canyon View Capital’s approach is tailored for tax-advantaged, passive income, offering you the chance to become a hands-free real estate investor. We prioritize client satisfaction and respect, ensuring that both seasoned and new investors feel heard and valued by our dedicated team

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This page is being provided for informational purposes only.  The content is not an offer or invitation for subscription of purchase of or a recommendation to purchase real estate or securities.

Such views and opinions are subject to change at any point and without notice. Some of the information provided herein was obtained from third-party sources believed to be reliable but such information is not guaranteed to be accurate.

This page does not provide any individual advice. CVC has not considered the investment objectives, financial situation, or particular needs of any investor. Any forward-looking statements or forecasts are based on assumptions only, and actual results are expected to vary from any such statements or forecasts. No reliance should be placed on any such statements or forecasts when making any investment decision. Any assumptions and/or projections displayed are estimates. No investment decision should be made based solely on any information provided herein. Past performance is not necessarily an indication of future results.

Diversification does not guarantee a profit or protect against a loss in a declining market. It is a method used to help manage investment risk.

Nothing herein is, or is intended to constitute, investment, tax, or legal advice or a recommendation to buy or sell any types of real estate, securities, or investments.  There is a risk of loss relating to any investment in real estate or securities, including the risk of total loss of principal, which an investor will need to be prepared to bear. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will be profitable or suitable for a particular investor’s financial situation or risk tolerance. You are encouraged to consult your investment, tax, and legal advisors regarding you particular circumstances, and what may be advisable for you.

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