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Glossary
of Terms
Commonly used in tax deferred exchanges
Accommodator
Often referred to as the
"Accommodating Party," this person is either the seller or buyer who serves as
an intermediary for the exchange, which would not otherwise be necessary to
accomplish the exchanger's goals. (Also refered to as a "Qualified
Intermediary.")
Basis
Also called "Adjusted Basis. The 'book value" of the property.
Basis or adjusted basis is arrived at by taking the property's cost, adding the
costs of improvements, and subtracting the depreciation deductions taken over
the years that the property has been owned.
Boot
Refers to a consideration or property which is not eligible for
a 1031 exchange. Section 1031 lists several kinds of 'boot" property, but most
common types of boot are cash, net mortgages, indebtedness relief, partnership
interests, and exchanger carry back financing.
Buyer
The person who wants to buy the exchanger's property.
Capital
Gains
Results from the disposition of a capital asset such as real
estate, stocks, or bonds.
Capital
Gains Tax
Gains on properties are taxed at 15% of the gain, In addition,
an additional 5% must be paid on the amount of depreciation accumulated on the
asset. This is generally referred to as "recapture." Refers to the tax paid on
the sale of a capital asset.
Delayed
Exchange
Also called a "Starker Exchange." The disposition of the
exchange property and the acquisition of the target property are not
simultaneous. The exchange property is disposed of in the first step and the
target property is acquired in a later step.
Direct
Deeding
The practice used in tax deferred exchanges whereby the deed to
the target property bypasses the accommodator or facilitator and goes directly
to the exchange. All of the closing documents and Settlement Statements read as
though the facilitator Qualified Intermediary is taking title to the target
property.
Exchanger
The person who wants to complete a tax deferred exchange.
Facilitator
Typically, a corporation that helps structure and document the
exchange for a fee. The facilitator's role will vary with the type of exchange.
The new name approved by the Internal Revenue Service now is a "Qualified
Intermediary." You may hear the term "facilitator" and "Qualified Intermediary"
used interchangeably. They mean exactly the same.
Improvement
Exchange
Refers to a 1031 exchange where the target property must have
its value enhanced to equalize the equity in the exchange property.
Like-Kind
Property
Like-Kind property refers to property used for productive use in
a trade or business or held as an investment which is eligible property for a
1031 exchange.
Qualified
Intermediary (QI)
Normally a corporation that assists the exchanger by properly
documenting the exchange and does so for a fee. Also known as a facilitator.
New regulations from the IRS have formally approved the use of a facilitator.
Reverse
Starker
Refers to a 1031 exchange where the target property is acquired
before the exchange property is disposed of by the exchanger. Normally, a
facilitator or other third party will hold title to (warehouse) the target
property until the disposition of the exchange property can be completed. (Guidelines
from IRS were made available in late 2000.)
Seller
A person or entity who wants to sell his property and is willing
to pay the capital gains tax. (Note: If you engage 1031 you are the
"exchanger").
Sequential
Deeding
Refers to the practice used in tax deferred exchanges whereby
the deed to the target property goes first to the accommodator or facilitator
and then the accommodator or facilitator deeds the target property to the
exchange. All of the closing documents, including the documents of conveyance,
reflect the title to the target first passing to the accommodator or
facilitator.
Simultaneous
Exchange or Simultaneous Closing
The disposition of the exchange property and the acquisition of
the target property are interdependent: one cannot happen without the other.
1031
Exchange Or Tax Free Exchange Or Tax Deferred Exchange
The term for a transaction where an exchanger disposes of his
property and postpones the tax on the gain from that disposition. Improperly
called a tax free exchange as the tax is only deferred or transferred to the
new property acquired.
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