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Guardian Exchange Services, LLC. Nature of an Exchange Significant changes in the tax laws over the last decade have not detrimentally affected one of the few remaining shelters for real estate investors, Tax-deferred Exchanges of Real Property under section 1031 of the Internal Revenue Code. The need to initiate a non-simultaneous, tax-deferred exchange occurs when a taxpayer has secured a buyer for business or investment property, but has not yet located a replacement business or investment property for an exchange. This creates the need for utilizing one of the "safe harbors" established by the recent promulgation of the IRS regulations, to wit: a qualified intermediary. Guardian Exchange Services will act as a qualified intermediary to assist in the delayed, non-simultaneous exchange of real properties. We will work with your tax advisor or attorney to prepare documentation, which generally includes Exchange Agreement, Assignments, and Indemnity Agreements in regard to all properties involved in the exchange. Disposition of Funds and Fees Guardian Exchange Services will hold and invest the funds from the sale of the relinquished property pursuant to the terms of the Exchange Agreement. Under the new IRS Regulations, a "Growth Factor" equal to the total interest earned on the funds can be received by the taxpayer which interest will help to offset the expenses incurred on the transaction. In addition to the fees paid to Guardian Exchange Services for the services rendered in acting as an intermediary, you are able to pay other expenses of closing, including escrow fees, title fees, transfer taxes, and recording fees for both the relinquished property and the acquired property and not upset the exchange aspect of the transaction. Professional Advice and Consultation Guardian Exchange Services requires any persons contemplating the disposition of real property through an exchange, to do so with the advice, consultation and direction of an experienced tax advisor or attorney. Guardian Exchange Services will work closely with your tax advisor or attorney to assist in the effectuation of this exchange and the drafting of the proper documentation.
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