26 CFR · Internal Revenue
§ 1.1031(b)-2 — Safe harbor for qualified intermediaries.
eCFR · current through Aug 3, 2026
§ 1.1031(b)-2 Safe harbor for qualified intermediaries.
(a)In the case of simultaneous transfers of like-kind properties involving a qualified intermediary (as defined in § 1.1031(k)-1(g)(4)(iii)), the qualified intermediary is not considered the agent of the taxpayer for purposes of section 1031(a). In such a case, the transfer and receipt of property by the taxpayer is treated as an exchange.
(b)In the case of simultaneous exchanges of like-kind properties involving a qualified intermediary (as defined in § 1.1031(k)-1(g)(4)(iii)), the receipt by the taxpayer of an evidence of indebtedness of the transferee of the qualified intermediary is treated as the receipt of an evidence of indebtedness of the person acquiring property from the taxpayer for purposes of section 453 and § 15a.453-
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Related
§ 1.1031
26 C.F.R. § 1.1031
Nearby Sections
11
§ 1.1031-0
Table of contents.§ 1.1031(a)-2
Additional rules for exchanges of personal property.§ 1.1031(a)-3
Definition of real property.§ 1.1031(b)-2
Safe harbor for qualified intermediaries.§ 1.1031(c)-1
Nonrecognition of loss.§ 1.1031(d)-1
Property acquired upon a tax-free exchange.§ 1.1031(d)-2
Treatment of assumption of liabilities.§ 1.1031(e)-1
Exchange of livestock of different sexes.