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Tax Consulting

1031 Exchange Tax Plan: one-time tax consulting (not a QI)

A 1031 Exchange Tax Plan is a one-time CPA tax-planning engagement for investors selling (or about to list) investment real estate under IRC §1031. You get a scoped deliverable package: a boot and basis model, a Form 8824 reporting plan, a Day 45/180 tax calendar, a state clawback checklist, and a written issues list. LaviCPA (Shawn Lavi, CPA, principal; Elias Lavi, CPA, co-owner and founder) is not a Qualified Intermediary and does not hold exchange funds. Remote Zoom consults are available nationwide.

This page is the national product. If you need Los Angeles local 1031 CPA help, see our LA 1031 exchange CPA page.

What is a 1031 Exchange Tax Plan?

It is a defined, one-time tax consulting engagement for investors doing or considering a like-kind exchange. You hire us for the tax result, not for custody of sale proceeds.

What you walk away with:

  1. Boot and basis model for your relinquished and proposed replacement facts
  2. Form 8824 reporting plan so filing season matches the exchange you actually close
  3. Day 45 / Day 180 tax calendar with decision checkpoints that still move tax outcomes
  4. State clawback checklist, including California Form FTB 3840 when CA property is relinquished or tracked
  5. Written issues list (debt replacement, partial deferral, entity ownership, related-party flags, and similar)
  6. Coordination notes you can share with your QI and real estate attorney

What this is not:

  • Not QI custody or holding of exchange funds
  • Not a legal opinion on title, contract, or entity structure
  • Not investment advice on which replacement property to buy
  • Not a warranty that a particular QI, DST, or deal structure will succeed

Primary sources we plan against include IRC §1031, the IRS Form 8824 instructions, and (when California is in play) FTB Form 3840 materials and FTB guidance on reporting like-kind exchanges.

What's in the plan / what's not

In the Exchange Tax PlanNot in the Exchange Tax Plan
Boot and basis model for your factsHolding or controlling exchange proceeds
Form 8824 reporting planActing as your Qualified Intermediary
Day 45 / Day 180 tax calendarSelecting replacement investments or DSTs for you
State clawback checklist (CA Form 3840 when relevant)Legal opinions on entities, contracts, or title
Written issues listAnnual return preparation unless separately engaged
Coordination notes for your QI and attorneyGuaranteeing a QI choice or exchange outcome

Form 3840 work in this plan is checklist and tracking guidance only. Filing Form 3840 is a separate engagement unless you hire us for that filing.

Fee for the one-time plan: quoted on the consult. Book a short intro to confirm scope and fee.

QI vs CPA vs attorney: who does what

RoleOwnsDoes not own
Qualified Intermediary (QI)Delayed-exchange mechanics and custody of exchange funds so you do not constructively receive the sale proceedsYour tax model, Form 8824 strategy, or state clawback plan
CPA (Exchange Tax Plan)Tax eligibility questions, boot and basis modeling, Form 8824 plan, Day 45/180 tax calendar, state clawback checklist, written issues listFund custody. Acting as QI when you are a disqualified person. Legal opinions
Real estate / tax attorneyContracts, title, entity documents, legal opinionsQI fund custody. Your CPA tax return plan unless separately hired for tax opinion work

Disqualified-person rule (plain language): Your CPA who recently advised you on the exchange generally cannot also serve as your QI. Treasury regulations treat certain related parties and recent advisors as disqualified persons for delayed exchanges. That is why investors usually use both a QI and a CPA. This page explains the tax side only. It is educational, not a legal opinion. See Treas. Reg. §1.1031(k)-1 concepts and your counsel for the legal call.

Can my CPA act as my QI? No, not if that CPA is a disqualified person under the rules above. LaviCPA does not offer QI services and does not hold exchange funds.

A longer CPA-vs-QI comparison page may publish later. Until then, the table above is the full answer on this site.

When to book (pre-listing through Day 180)

Book when tax decisions can still change. QI how-to guides cover the mechanics. This timeline covers tax decision points only.

Best window: Before you list, or at least weeks before the relinquished property closes. Identification strategy, debt replacement, and boot decisions still have room to move.

Still useful: After close, inside the 45-day identification window, or when you want a second opinion on partial deferral before you lock an ID list.

Late but not useless: After Day 45, for reporting plan and clawback tracking. Planning value drops. Reporting value remains.

Tax decision mini-calendar

CheckpointTax decision focus
Pre-listing / weeks before relinquished closeFull vs partial deferral goals, debt replacement plan, entity and related-party flags, whether a 1031 fits at all
Relinquished close to Day 45ID list tax effects, boot risk if cash or debt relief is uneven, multi-state / CA clawback flags
Day 45 to Day 180Replacement acquisition tax effects, basis carryover sketch, Form 8824 reporting path
After closing yearForm 8824 filing plan. CA Form 3840 annual tracking when California source gain is deferred into out-of-state property

IRS clocks for a delayed exchange: 45 days to identify replacement property, 180 days to acquire (see Form 8824 instructions). Missing a clock can end deferral. Plan before the clock owns the outcome.

Nationwide / remote: how it works

The Exchange Tax Plan is location-agnostic. Most clients meet by Zoom or phone. Documents move by secure upload. You can be in any U.S. state.

Multi-state exchanges are common. Selling California property and buying elsewhere often triggers California clawback tracking, including annual Form FTB 3840 duties when the rules apply. We call that out in the plan checklist. A deeper Form 3840 guide will link here when published.

LA local vs national: This page is the national product. The existing 1031 exchange CPA page for Los Angeles stays the LA niche service page. City landing pages (when published) will CTA back to this national plan. We do not claim a physical office in every city. Remote nationwide is the offer.

Documents to bring

Bring what you have. Estimates are fine early. Final closing statements help later.

  • Settlement or closing statements (or broker / escrow estimates) for the relinquished property
  • Depreciation schedules and basis workpapers
  • Current mortgage / debt balances on relinquished property
  • Draft identification list, if any
  • QI engagement letter or exchange agreement, if already engaged
  • Entity ownership chart (LLC, partnership, trust, or individual)
  • Purchase estimates or LOIs for likely replacement property, if available

A longer Day 45-180 intake checklist can live on a future calendar page. This list is enough to start the Exchange Tax Plan.

One-time plan vs ongoing CPA work

The one-time plan is enough when you need scoped exchange modeling, a reporting plan, and a clear issues list for this deal. Many investors keep their regular preparer for the annual return and use LaviCPA only for the Exchange Tax Plan.

Book ongoing or separate work when you need annual compliance after the exchange, multi-year California Form 3840 filing, multi-state filings, or full CPA representation beyond this scoped plan. Those are separate engagements.

We do not invent ROI math for the fee. The value is clarity on boot, basis, deadlines, and state clawback before irreversible ID and purchase choices lock in.

Fee is quoted on the consult after we confirm scope. No checkout until the plan package is locked for your facts.

Related guides (internal)

Use these when you want depth before or after the consult:

Book your Exchange Tax Plan

Book a national remote Exchange Tax Plan consult with LaviCPA.

  • Who: Shawn Lavi, CPA (principal). Elias Lavi, CPA is co-owner and founder.
  • What: One-time Exchange Tax Plan as scoped above.
  • Where: Zoom / phone, any U.S. state.
  • Fee: Quoted on consult (scope first, then fee)
  • Next step: Schedule at https://calendly.com/lavicpa/30min until a checkout flow exists.

We are not a QI. We do not hold exchange funds. Bring your QI and attorney into the loop. We will give you tax coordination notes they can use.

Frequently Asked Questions

What is a 1031 Exchange Tax Plan, and what deliverables are included?

A one-time CPA tax-planning engagement for a §1031 exchange. Draft deliverables: boot and basis model, Form 8824 reporting plan, Day 45/180 tax calendar, state clawback checklist (including CA Form 3840 when relevant), written issues list, and coordination notes for your QI and attorney. Final package wording matches the deliverables list on this page.

How is a tax consultant / CPA different from a Qualified Intermediary?

The QI runs delayed-exchange mechanics and holds the funds. The CPA models tax results: boot, basis, Form 8824, deadlines, and state clawback. Most delayed exchanges need both.

Can my CPA act as my QI?

No, not when the CPA is a disqualified person (including a recent tax advisor on the exchange under the Treasury regulation concepts). LaviCPA does not act as QI and does not hold exchange funds.

When should I hire a 1031 tax consultant relative to listing and closing?

Best before listing or weeks before relinquished close. Still useful inside the 45-day ID window. Waiting until tax-filing season keeps the reporting path but often misses planning value.

Is a one-time plan enough, or do I need ongoing CPA representation?

The plan is enough for scoped modeling and reporting design on this exchange. Annual returns, multi-year Form 3840 filing, and full representation are separate unless you engage for them.

Is remote / out-of-state consult OK?

Yes. This is a national offer. Zoom and phone are the default.

What documents do I bring to the consult?

Closing statements or estimates, depreciation / basis, mortgage balances, draft ID list if any, QI docs if engaged, and entity ownership info. See the Documents section above.

What's not included?

No fund custody. No acting as QI. No selecting replacement investments. No legal entity opinions. No annual return prep unless separately engaged. No warranty of QI selection or exchange outcome.

Talk through your situation with a CPA who knows real estate.

The first conversation is complimentary and without obligation. We'll tell you honestly whether we can compound your outcome.

Book a 30-minute consult

The information on this page is for educational purposes and does not constitute tax, legal, or investment advice. Tax rules change and your situation is unique — please consult LaviCPA or another qualified CPA before acting on anything here.