Exchange Accommodation Agreement

An exchange accommodation agreement (EAA) is a contractual arrangement that allows a property owner to exchange their real estate property with a qualified intermediary, who holds the property for a set period of time. This period allows the property owner to find a like-kind replacement property that meets the requirements of section 1031 of the Internal Revenue Code, which allows for tax-deferred exchanges.

The EAA is a critical component of a 1031 exchange. It provides the structure that allows property owners to defer capital gains taxes on the sale of their property. However, it is important to understand that the EAA is not a simple agreement, nor is it a standard document. The EAA is tailored to meet the specific needs and goals of the property owner.

The EAA outlines the responsibilities of the property owner and the qualified intermediary, including the timeline for identifying and acquiring the replacement property. The agreement also specifies the conditions under which the qualified intermediary will release the property to the owner and the rights and obligations of both parties.

It is important to note that the EAA is a legal document and requires the expertise of a qualified real estate attorney. The attorney should be experienced in 1031 exchanges and familiar with the regulations and guidelines for executing an EAA. The attorney will guide the property owner through the process and ensure that all compliance requirements are met.

To qualify for a 1031 exchange, the property owner must meet certain criteria. The property must be held for investment or business purposes, and the replacement property must be of a like-kind. The replacement property must also be identified within 45 days of the sale of the relinquished property, and the acquisition must be completed within 180 days.

In conclusion, an exchange accommodation agreement is a vital component of a 1031 exchange. It provides the structure and guidelines necessary to execute a tax-deferred exchange. However, it is essential to work with an experienced real estate attorney who is familiar with the nuances of a 1031 exchange. With proper planning and execution, a 1031 exchange can provide significant tax advantages and help property owners achieve their investment goals.