Section 1031 QIs in the New Economy

10 Pages Posted: 26 Oct 2009

Date Written: October 26, 2009


Industry estimates indicate that, over the past several years, section 1031 qualified intermediaries have lost as much as $700 million of exchange proceeds. Exchangers and their representatives must take steps to help prevent future losses. This article reviews three recent failures and discusses measures that should help reduce the risk of qualified intermediary failure in the new exchange environment. Lawmakers should also consider measures they can take to help prevent such losses in the future.

Keywords: section 1031, like-kind exchange, qualified intermediary, qualified trust, qualified escrow account, exchange defalcation

Suggested Citation

Borden, Bradley T., Section 1031 QIs in the New Economy (October 26, 2009). Journal Taxation of Investments, Vol. 27, p. 86, 2009. Available at SSRN:

Bradley T. Borden (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States


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