A Qualified Intermediary, or QI, plays a central role in most delayed Section 1031 exchanges.
The QI enters into a written exchange agreement with the taxpayer and facilitates the transfer of the relinquished property and acquisition of the replacement property. The agreement also restricts the taxpayer’s ability to receive, pledge, borrow, or otherwise obtain the benefit of exchange funds during the exchange.
This structure helps avoid actual or constructive receipt of the sale proceeds. A taxpayer, certain agents, and other disqualified persons generally cannot simply serve as the QI.
When Should You Select the QI?
Before the relinquished property closes.
An investor generally should not receive the sale proceeds personally and later attempt to turn the transaction into a traditional delayed 1031 exchange.
Questions to Ask a QI
- Experience with 1031 exchanges
- Security of client funds
- Banking arrangements
- Insurance coverage
- Internal controls
- Fees
- Documentation and wiring procedures
| Key Point: Selecting a Qualified Intermediary should be part of pre-closing planning — not an afterthought. |
Reference Sources
• IRS Publication 544 — Sales and Other Dispositions of Assets
Important: This material is for educational purposes only and is not tax, legal, accounting, or investment advice. Section 1031 outcomes depend on the taxpayer’s facts and compliance with applicable requirements.
