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qualified intermediary» duties of a qualified intermediary
What Is A Qualified Intermediary?
The Qualified Intermediary is in the business of facilitating deferred Exchanges by intermediating between the principals. The Qualified Intermediary must
- Protect the integrity of the form of the Exchange agreement between the Qualified Intermediary and the taxpayer
- Protect the taxpayer from actual or constructive receipt of money or other property prior to the transfer of replacement property
- Possess a complete understanding of the current regulations
- Be able to perform and have a working knowledge of all the ancillary problems and pitfalls of the Exchange transaction.
The regulations specifically define a “disqualified person” – one who may not act as a Qualified Intermediary – as:
- Any person who acts as the taxpayer’s agent, employee, attorney or broker
- Any brother, sister, spouse, ancestor or lineal descendants
- Any corporation where 10% of the outstanding stock is owned by or for the taxpayer either directly or indirectly
- Any beneficiary of a trust where the taxpayer is the grantor
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