A new safe harbor – IRS floats a solution for dealing with bankrupt QIs
Abstract: Recently, the IRS released a revenue procedure that provides a “safe harbor” for certain taxpayers who initiated deferred like-kind exchanges under Internal Revenue Code Section 1031 but failed to complete the exchanges. Revenue Procedure 2010-14 applies when the qualified intermediaries (QIs) have filed for bankruptcy and defaulted on their obligations to acquire and transfer replacement property. Under the procedure, covered taxpayers aren’t required to recognize taxable gain on such exchanges until they receive payment attributable to the relinquished property. This article examines the details, while a sidebar looks at one case in which a taxpayer hoped to avoid Sec. 1031’s related-party rule by using a QI.