Qualified Exchange Accommodation Agreement

A Qualified Exchange Accommodation Agreement (QEAA) is a legal and contractual arrangement utilized within the framework of Section 1031 of the Internal Revenue Code, which allows for the deferral of capital gains taxes on the exchange of like-kind properties held for investment or business use. A QEAA is especially pertinent when dealing with reverse 1031 exchanges.

In a reverse 1031 exchange, an investor acquires a replacement property before disposing of the relinquished property. Due to the regulations and to maintain the eligibility for tax deferral, the investor cannot hold the title to both properties simultaneously. Here’s where the QEAA comes in.

The QEAA allows for the use of an Exchange Accommodation Titleholder (EAT), which temporarily holds the title to the parked property (either the relinquished property or the replacement property) to facilitate the exchange. This agreement sets the parameters and conditions under which the EAT holds, maintains, and ultimately transfers the property, ensuring that the exchange complies with IRS guidelines.

Key components of the QEAA include:

1. Qualifications of the EAT: The EAT should be an independent third party that is not a disqualified person (someone who has a disqualifying relationship with the taxpayer, like a relative or agent).
2. Holding period: The agreement will specify the holding period, during which the EAT maintains the title to the parked property.
3. Lease agreements: There might be provisions that allow the taxpayer to lease and manage the parked property during the holding period.
4. Financial arrangements: The QEAA will outline the financial arrangements, including any loans between the EAT and the taxpayer.
5. Obligations and rights: The agreement delineates the obligations and rights of each party, ensuring that the transaction adheres to IRS guidelines.

A QEAA is instrumental in ensuring that a reverse 1031 exchange maintains its integrity and compliance, enabling investors to legally defer capital gains taxes while transitioning between properties.