SERVICES PROVIDED BY MARIN COUNTY EXCHANGE CORPORATIONWHAT IS AN EXCHANGE?
Internal Revenue Code Section 1031 allows taxpayers to defer the capital gain on the disposition of property held for investment or used in a trade or business. We structure exchange transactions to allow taxpayers to defer taxes on real estate and on business personal property. If a taxpayer intends to acquire replacement property, the tax savings possible through an exchange can be quite significant. Taxpayers should always consult their tax adviser prior to entering into a real estate or business sale transaction so they can plan in advance for the consequences that they desire. There are three types of exchanges that can occur:
- Simultaneous Exchanges, where the relinquished property is transferred at the same time as the replacement property is received. With the exception of a direct trade between two property holders, a third party is needed in the transaction to facilitate the acquisition or sale of one of the properties and then to complete the exchange.
- Delayed, Deferred, or "Starker" Exchanges, where the relinquished property is transferred prior to the time the replacement property is received. This requires use of a third party to sell and buy the properties involved, and to hold the proceeds from the sale of the relinquished property.
- Reverse Exchanges, where the replacement property is acquired by a third party for the exchanger prior to the time a sale has been arranged for the relinquished property. At some point in the transaction, the replacement property is simultaneously exchanged for the relinquished property that is then sold.
As a Professional Qualified Intermediary, we:
- Confer with potential Exchangers and their tax and legal advisers regarding availability and structuring of an exchange.
- Prepare the Exchange Agreement, escrow instructions, and related documents.
- Confer with Exchangers and their tax and legal advisers to review the exchange documentation.
- Work with the title or escrow company to facilitate the exchange.
- Hold and invest any funds that must be held as part of the transaction. Interest earned on the funds is paid to the Exchanger after the transaction is completed.
- Prepare necessary tax reporting documents for the interest earned on the funds we hold.
- You or your tax or legal advisers need assistance in structuring an exchange--We are glad to offer our expertise to consult when needed.
- You need a qualified intermediary to assist in an exchange--We offer our service and expertise to provide the exchange services you need in a timely manner for property located anywhere in the world.
- You discover right before close of escrow that you need to convert a simultaneous exchange into a delayed or reverse exchange--We have a reputation for providing fast service to help Exchangers with urgent needs.
David Hellman, President and sole owner of Marin County Exchange Corporation, is an attorney who is a Certified Specialist in Taxation Law and in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization, a member of the California and Connecticut State Bars, and a California Certified Public Accountant. In over thirty years of practice he has supervised or consulted on over 3,000 exchanges.