When an investor uses the 1031 tax deferred exchange they will avoid paying large capital gain taxes; however, there are other costs and transactions fees involved. The fees involved usually have to do with fair compensation for services performed by a Qualified Intermediary that are above and beyond their normal scope of required duties.

When you are considering which Qualified Intermediary to use, also known as an Accommodator, be sure to compare the various charges. These normally include administrative fees that cover the 1031 charges, income from any interest that is paid by the Intermediary, income from interest not shared by them and various other transaction and service commissions. The administrative and property fees on a tax deferred 1031 exchange for institutional QI (meaning those associated with a particular company) are usually 30 to 40% higher than those of a non-institutional QI. The former usually charges between $700 and $800, compared to the latter’s fee of $400 to $600 for a standard real estate 1031 exchange.

Interest income accounts for about two thirds of the Qualified Intermediary’s revenue from a 1031 tax deferred exchange; this is income that comes from the interest of the deposits that are held by the QI. They normally hold the interest from the funds that are obtained and deposited with them during your 1031 exchange and they have the option of sharing the full amount or only a portion of the income that is generated from the interest.

Some Qualified Intermediaries will include other charges for complicated, transactional structures, such as allowing the seller to go for carry-back financing, which means they want the QI to carry back a promissory or installment note. There are some other transaction fees that may go along with a IRS 1031 exchange, such as a wire transfer commission or mail and courier delivery charges, which some of the smaller QI’s will include in their fee structure. Knowing the details of these fees is always advisable when making your final choice of a Qualified Intermediary.

The fee structure used for paying the Qualified Intermediary for your 1031 tax deferred exchange needs to be negotiated and understood completely by all involved parties; keeping in mind that the size of the 1031 like kind exchange will have a direct impact on the amount of risk that they are exposed to, with regard to the interest income gained from the deposits they retain. In order to make an informed choice for a QI, be sure to consider all of the facts and risks involved and make QI comparisons carefully before making your decision.

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