180 Days

Total time allotted to acquire the Replacement Property. Must be one of the properties designated in the Identification period.

Accommodator

Another name for the intermediary.

Addendum

Textual matter that is added to a supplement document.

Allocation

The distribution of sales price among various classes of assets.

Amendment

A change or additions to a legal document which, when properly signed, has the same legal power as the original document.

Annuity

A contract sold by an insurance company designed to provide payments to the holder at specified intervals, usually after retirement.

Assets

The entire property of all sorts, belonging to a person, a corporation, or an estate; as, the assets of a merchant or a trading association.

Audit

An examination and verification of a company's financial and accounting records and supporting documents by a professional, such as a Certified Public Accountant.

Basis

Purchase price, including commissions and other expenses, used to determine capital gains and capital losses for tax purposes.

Boot

Cash received by the seller, or the other property not of a like-kind to the relinquished property.

Built in gain

Excess of market value over the depreciation cost of property transferred to a new entity, or when a C Corporation converts to an S Corporation.

Capital gain
The amount by which an asset's selling price exceeds its initial purchase price less depreciation.

C Corporation

A business which is taxed separately from its owners, unlike a partnership.

Deed
A written and signed document which sets out the things that have to be done or recognition of the parties towards a certain object.

Deferred

To put off; to postpone to a future time.

Depreciation

An allocation of purchase price over a future period of time.

Direct Deeding

Commonly used to pass property directly from exchangor to Buyer and then from Seller to Exchanger. The Facilitator receives an equitable interest in the property.

Estate

All assets owned by an individual at death, to be distributed according to the individual's will (or a court ruling if there is no will)

Employee stock ownership plan (ESOP)

A trust established by a corporation for the allocation of some of its stock to its employees over time, intended to motivate employees, and often providing tax benefits to the company. Also called stock option plan or stock purchase plan

Exchange

The offering of one property for another.

Exchangor

The client or taxpayer that takes advantage of the exchange process to defer paying gains taxes.

Gift tax

A graduated tax assessed against a person who gives money or an asset to another person without receiving fair compensation.

Identification

Within 45 days after the relinquished property is exchanged. Property must be identified in writing typically to the facilitator.

Intermediary

A third party who facilitates an exchange of property.

Liabilities

That which one is under obligation to pay, or for which one is liable.

Like Kind

Property that is held for productive use in a trade or business.

Limited Liability Company (LLC)

A type of company authorized only in certain states, whose owners and managers receive the limited liability of a corporation and (usually) the tax benefits of a partnership.

Limited Partnership

A business organization with one or more general partners, who manage the business and assume legal debts and obligations, and one or more limited partners, who do not participate in day-to-day operations and are liable only to the extent of their investments.

Net Leased

In recent years, more and more investors are becoming familiar with the ease of owning commercial properties that are occupied by National Tenants who are often credit rated. The tenant is obligated under this form of lease to pay for all expenses associated with the operation of the property including property taxes, maintenance, insurance etc. The investor can be assured of a management free property with a minimum of risk. Typical companies such as WalGreens, Wal-Mart, Barnes and Noble are usually net leased.

Nonrecourse

In the case of default, the lenders sole recourse is to claim the assets securing the default note.

Partnership

A type of unincorporated business organization in which multiple individuals, called general partners, manage the business and are equally liable for its debts; other individuals called limited partners may invest but not be directly involved in management and are liable only to the extent of their investments. Or more generally, a relationship of two or more entities conducting business for mutual benefit.

Personal property

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property.

Promissory notes

Written pledge to pay.

Qualified Intermediary

Middleman, facilitator, accommodator, term given to a person or entity making the trade with the taxpayer. Typically hired to convert a sale/purchase into an exchange.

Real property

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes.

Relinquished property

Property to be given in an exchange by taxpayer.

Replacement property

Property received in an exchange by taxpayer.

Revenue

Total dollar amount collected for goods and services provided.

S Corporation

A form of corporation, allowed by the IRS for most companies with 35 or fewer shareholders, which enables the company to enjoy the benefits of incorporation but be taxed in a manner similar to a partnership.

Starker Exchange

A name derived from the Starker Court Case in 1979 that is used to describe a delayed exchange. The first case that challenged exchanges of property received over a period of 2 years.

Tax-free

Not subject to taxation; tax-exempt.
Trustee
        A commercial institution such as a bank or trust company, or an individual holding assets for the benefit of others.