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exchange agreement: 1031 Exchanges - Is An Assignable Contract Necessary? - 06/12/08 01:45 PM
YES! 

This issue has come up twice this week. Once on an AR blog and once in the course of my business. So here you go. . .
When a client selects a Qualified Intermediary (QI, accommodator, facilitator) and decides to open an exchange account a number of contractual things need to happen before the QI is ready to accept the clients funds from the sale of the property.
1.  The Seller (client/taxpayer) will sign an exchange agreement, which essentially prevents them from having the ability to pledge, borrow or otherwise receive the benefits of the sale proceeds during the exchange period … (10 comments)

exchange agreement: 1031 Exchanges - Terminology Part I - What Does a Boot Have to Do With Investment Property? - 03/12/08 09:43 PM
The unique terminology used by 1031 exchangers and their tax advisors. 
BOOT: "Non like-kind" property; Taxable to the extent there is capital gain. "Like-Kind" property is property held for productive use in a trade or business or for investment."
Rule of thumb if "real property is sold" then "real property must be purchased." If "personal property is sold" then "personal property must be purchased" (note that what qualifies as like-kind property for personal property exchanges is much more narrow than for "real property"). see below.
Personal property exchanges typically involve industrial equipment, business vehicles, airplanes, livestock capable of reproducing. The property purchased as replacement property in … (2 comments)

 

Lisa Lambert, Esq. (1031 Exchange Expert)

Fresno, CA

More about me…

The Law Offices of Elisabeth A. Lambert

Address: 1222 W. Shaw Avenue, Fresno, CA, 93711

Cell Phone: (559) 433-5399

Email Me

Discussing 1031 Exchange Issues and Related Real Estate Issues in California. Specifically focusing on the Merced, Madera, Fresno, Selma, Reedley, Oakhurst,Visalia, Hanford, Porterville and Bakersfield areas.

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