1. "Exchange facilitator" means a person who, for compensation of any kind, acts as:
(a) A qualified intermediary as defined in 26 C.F.R. § 1.1031(k)-1(g)(4) for a client whose relinquished property is located in this State; or
(b) An exchange accommodation titleholder, as that term is defined in Revenue Procedure 2000-37, who holds title to property located in this State.
2. The term includes any person who:
(a) Maintains an office in this State for the purpose of soliciting business as an exchange facilitator; or
(b) Advertises or holds himself or herself out as prepared to facilitate a tax-deferred exchange of property in this State by acting as the custodian of money or other property.
3. The term does not include:
(a) A taxpayer or disqualified person, as those terms are defined in 26 C.F.R. § 1.1031(k)-1(k), who is seeking to qualify for nonrecognition pursuant to 26 U.S.C. § 1031;
(b) A financial institution when acting solely as a depository for funds used in a tax-deferred exchange of property;
(c) A person who advertises for and teaches seminars or classes, or otherwise gives presentations to attorneys, accountants, real estate professionals, tax professionals or other professionals with the primary purpose of teaching such professionals about tax-deferred exchanges or training such professionals to act as exchange facilitators; or
(d) A qualified intermediary, as defined in 26 C.F.R. § 1.1031(k)-1(g)(4), who holds exchange funds received from the disposition of relinquished property located outside this State.
(Added to NRS by 1993, 2019; A 1995, 994; 1997, 2167; 1999, 1539; 2005, 2807; 2007, 3115)—(Substituted in revision for NRS 645.606)
Structure Nevada Revised Statutes
Chapter 645G - Exchange Facilitators
NRS 645G.020 - "Commissioner" defined.
NRS 645G.030 - "Division" defined.
NRS 645G.040 - "Exchange facilitator" defined.
NRS 645G.050 - "Financial institution" defined.
NRS 645G.060 - "Licensee" defined.
NRS 645G.120 - License required for certain members and officers of certain business organizations.
NRS 645G.150 - Branch offices.
NRS 645G.160 - Display of license.
NRS 645G.170 - Designation of exchange facilitator officer.
NRS 645G.220 - Fees; regulations.
NRS 645G.230 - Audit of licensees; report to Legislature.
NRS 645G.300 - Client’s money and property: Fiduciary duty of licensee.
NRS 645G.310 - Money held for client: Written approval required for withdrawal.
NRS 645G.320 - Fidelity bond or deposit.
NRS 645G.350 - Exchange funds required to be kept separate.
NRS 645G.360 - Exchange funds not subject to execution or attachment; commingling prohibited.
NRS 645G.400 - Deposit of money received by Commissioner.
NRS 645G.410 - Deposit and use of money received by Division from civil penalty.
NRS 645G.500 - Investigation of actions of exchange facilitators and other persons.
NRS 645G.510 - Confidentiality of certain records of Division; exception.
NRS 645G.520 - Limitations on suspension and reissuance of license after revocation.
NRS 645G.535 - Revocation, suspension or denial of renewal of license: Complaint; notice of hearing.
NRS 645G.545 - Revocation, suspension or denial of renewal of license: Hearing; transcript.
NRS 645G.555 - Fees and mileage for witness.
NRS 645G.560 - Enforcement of subpoenas.
NRS 645G.900 - Prohibited acts; penalties; injunctive relief.