The Role of the Qualified Intermediary in a 1031 Tax Deferred Exchange

When an investor uses the 1031 tax deferred exchange they will avoid paying large capital gain taxes; however, there are other costs and transactions fees involved. The fees involved usually have to do with fair compensation for services performed by a Qualified Intermediary that are above and beyond their normal scope of required duties.

About two thirds of the QI’s 1031 exchange revenue comes from income that is generated from the interest. Interest income is what is gained from the interest of the deposits with the Qualified Intermediaries; they can hold the interest gained on your deferred 1031 exchange funds while the funds are deposited with them. They may choose to share some or a full portion of the income generated from the interest as well.

The use of a fee structure is considered a very fair and concise way in which to pay the Qualified Intermediary handling your 1031 tax deferred exchange, yet all of the details need to be evaluated and understood completely by everyone. Keep in mind that the exchange size has a direct affect on how much risk the QI is exposed to, since they are equally exposed to the interest income gains from the deposits being held by them.

Some QI’s have the ability to make their fee schedule look less expensive than the competition, so consider all of the facts involved in a 1031 like kind exchange and compare each proposal to make an informed decision.

The fee structure used for paying the Qualified Intermediary for your 1031 tax deferred exchange needs to be negotiated and understood completely by all involved parties. Keep in mind that the size of the 1031 like kind exchange will have a direct impact on the amount of risk that they are exposed to, with regard to the interest income gained from the deposits they retain.

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