1031 Like-Kind Exchange (Foreign Investor)
Qualified Intermediary + Tax counsel · used for Defer FIRPTA + capital gains · Portfolio upgrade · Cross-state property swap
NYC Legal's cross-border real estate team has run 900+ closings on the 1031 Like-Kind Exchange (Foreign Investor) spanning US, CA, UK, AU, SG, JP, FR, DE, AE, PT.
Lawyer/notary/escrow network in 13 countries — FIRPTA specialists, Canadian conveyancers, UK solicitors, AU FIRB consultants, German Notar, French Notaire, Japanese 司法書士.
Preparation at Qualified Intermediary + Tax counsel takes 30-180 working days at 65,000-220,000 บาท. We coordinate with escrow, title, lender, and counsel before closing.
Our 13-country counsel network — FIRPTA specialists, Canadian conveyancers, UK solicitors + Land Registry agents, AU FIRB lawyers, SG conveyancing firms, German Notar, French Notaire, Japanese 司法書士 — keeps each closing aligned.
Closing pack covered end-to-end: Sale & Purchase Agreement · Title Commitment · Deed · POA · Escrow Agreement · Closing Disclosure · Settlement Statement · Source of Funds · IRS 8288/8288-A/8288-B.
First-pass acceptance: 96-99%.
Coverage
How it works
- 1
Pre-closing intake
Review SPA + closing timeline + escrow conditions + funds plan.
- 2
Title & survey review
ALTA commitment + Schedule A/B exceptions + survey + easements + lien search (30-180 days).
- 3
Prepare 1031 Like-Kind Exchange (Foreign Investor)
Drafted by destination counsel + cross-border QA.
- 4
POA + Apostille (if remote)
Notary + MFA Apostille + destination-language translation.
- 5
Closing + recording + post-closing tax
Escrow funding · deed recording · FIRPTA/NRST/SVT filing · IRS/CRA/HMRC notification.
Frequently asked questions
Which closing types does the 1031 Like-Kind Exchange (Foreign Investor) cover?
Defer FIRPTA + capital gains, Portfolio upgrade, Cross-state property swap plus commercial and raw-land closings.
Total cost?
65,000-220,000 บาท + escrow/title/recording fees per state.
How is FIRPTA withholding computed?
15% of gross sale price (10% owner-occupied USD 300K-1M). Form 8288-B may reduce to actual tax pre-closing.
Do I have to travel to close?
No — Specific POA + Apostille + e-notary (RON states: FL, TX, VA, OH, NV) lets us close remotely.
Is title insurance necessary?
Lender's policy is mandatory for mortgage; owner's policy is recommended (one-time ~0.3-0.6% premium).
What does Source of Funds require?
12-24 months of bank statements + CPA attestation + bank reference letter + 2-3 years of tax returns (for FinCEN GTO / UK ROE).
Can foreigners use a 1031 exchange?
Yes — QI + 45-day identification + 180-day close + FIRPTA hold-back at QI escrow.
Penalty for skipping FIRPTA?
Buyer is liable for the full withholding + interest + 5-25% Form 8288 late-filing penalty.