Every investment property owner already knows that we all operate within a compromised digital environment where safeguards are required to ensure that your personal as well as transactional data is always kept secure. We were recently reminded that this reality extends to every tax deferred exchange transaction as well, when the two largest title company owned Qualified Intermediaries were closed down for a short period due to a ransomware attack. This caused incredible havoc, with some Exchangers being unable to complete their 1031's within their 180 day exchange period and having to report a taxable event rather than a tax free transaction.
Therefore, insist that your Qualified Intermediary takes the security of your personal data as seriously as you do!
The security of the sale proceeds arising from an exchange can run the gamut from one Qualified Intermediary to another. Some commingle all of the 1031 funds from all their exchanges into one omnibus account. This provides the individual Exchanger with virtually no protection and puts them and their hard-earned proceeds at the mercy of the QI and their bank. It also negates the availability of FDIC insurance coverage of up to $250,000. Others will create segregated accounts or even offer a Qualified Escrow Account where the bank custodian becomes a partner with the Exchanger amd Inyermediary to guarantee the available of the exchange proceeds when it is time to acquire a replacement property. We believe the structure which best benefits the Exchanger is when the individual 1031 exchange account is created in the name of the Exchanger and with the Exchanger's tax identfication number. This at least identifies the true beneficiary of the 1031 funds. Additionally, we believe that the Exchanger needs to have 24/7 visibility into the account and the account must be at a large, established bank, which is frankly 'too big too fail.