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Tax Deferred Exchange Terminology
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Volume #2004, Issue #12 |
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As with any other specific area of real
estate law, tax deferred exchanges under
IRC §1031 have their own language. The following
is a list of the most common exchange terms
and phrases.
- Boot-Any
type of cash received in an exchange that
is not "like-kind," such as cash. In an
exchange, any funds not used to purchase
the replacement property will be called
boot and might be taxed.
- Constructive
Receipt-A term referring
to the control of the proceeds by an Exchanger
even though funds may not be directly
in their possession.
- Exchange Period-The
period during which the Exchanger must
acquire Replacement Property in the exchange.
- Exchanger-The
property owner(s) seeking to defer capital
gain tax by utilizing an IRC §1031 exchange
(The IRC uses the term "Taxpayer.")
- Qualified
Intermediary-The entity that
facilitates the exchange for the Exchanger.
Although the Treasury Regulations use
the term "Qualified Intermediary," some
companies use the term "facilitator" or
"accommodator."
- Relinquished
Property-The property "sold"
by the Exchanger. This is also sometimes
referred to as the "exchange" property
or the "downleg" property
- Replacement
Property-The property acquired
by the Exchanger. This is sometimes referred
to as the "acquisition" property or the
"upleg" property
- Identification
Period-Period during which
the Exchanger must identify Replacement
Property in the exchange. The Identification
Period starts on the date the Exchanger
transfers the first Replacement Property
and ends at midnight on the 45th day thereafter.
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NCS Exchange Professionals
4811 Hopyard Rd. Suite G-6
Pleasanton, CA 94588
1-866-USE-1031
www.ncs1031.com
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