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Level 2
December 7, 2019
Solved

Tax free exchange , client deposits proceeds into personal account and there is no intermediary. Is exchange now taxable?

  • December 7, 2019
  • 3 replies
  • 19 views

Client did use an intermediary for a tax free exchange, met rules of time and property but deposited proceeds of sale into personal account. I believe this makes it a taxable transaction. Just looking for confirmation, or something I missed that will let It remain a tax free exchange.

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Best answer by Accountant-Man

Yes, it's a taxable sale. There is no 1031.

3 replies

Accountant-Man
Level 13
December 7, 2019

Yes, it's a taxable sale. There is no 1031.

** I'm still a champion... of the world! Even without The Lounge.
George4Tacks
Level 15
December 7, 2019

I believe this is NOT a qualified delayed exchange. 1031 grew out of two farmers meeting and swapping pigs (cows, whatever). With real estate doing a same day exchange was difficult, so the Starker exchange came about. The key to Starker winning his case was the intermediary. 

Answers are easy. Questions are hard!
IRonMaN
Level 15
December 7, 2019

I often get curious and here I go again doing so.  If they went through an intermediary, how in the world did the cash end up in the client's bank account?  I hope the intermediary didn't make a lot of money on this deal.

Slava Ukraini!
George4Tacks
Level 15
December 7, 2019
"there is no intermediary"
Answers are easy. Questions are hard!