| 1031 Tax-Deferred Exchange
What is a Tax-Deferred Exchange?
• It is the method by which a property owner disposes of one property and acquires another without paying
federal income tax on any profits
• It is allowed under Section 1031 of the Internal Revenue Code
• It defers tax on gain from disposal of relinquished property until and only if the replacement property is sold
rather than exchanged again.
• It requires an “exchange” of properties rather than a “sale” of one property and the purchase of another
• It is facilitated by means of an Exchange Agreement and other documentation together with the assistance of
a qualified Intermediary
What is a Qualified Intermediary?
A qualified intermediary is a knowledgeable, independent person or company that:
• Provides documents and outlines the procedures for completing the exchange
• Completes the transfer of the exchangor’s property
• Holds exchange proceeds in non-simultaneous exchanges until the replacement property is acquired
• Is not an “agent” of the exchanger (ie. exchangor’s realtor, attorney, accountant, banker, title company
or relative)
What are Exchange Advantages?
• Allows an owner to dispose or property without incurring immediate tax liability
• May indefinitely postpone tax liability through the use of subsequent exchanges
• Tax liability is forgiven upon the death of the owner/exchanger
• Exchangor’s heirs inherit property at the “stepped up” basis
• An important estate-planning tool
For additional information regarding the 1031 Tax-Deferred Exchange Program including the requirements and guidelines, please contact your local Devon Title office or Visit the Exchanges website.

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