How is a 1031 exchange reported?

Question

How should a taxpayer accurately report a 1031 exchange on their tax return to ensure compliance with IRS regulations and successfully defer taxable gains?

ARTE's Answer

Reporting a 1031 exchange involves several steps and requires careful attention to detail to ensure compliance with IRS regulations. Here’s a comprehensive guide on how to report a 1031 exchange, including an example to illustrate the process.

1. Understanding the Basics

A 1031 exchange allows you to defer capital gains taxes by exchanging like-kind properties held for investment or business purposes. The key is to reinvest the proceeds from the sale of the relinquished property into a replacement property of equal or greater value, using a qualified intermediary like us at Deferred.com to facilitate the transaction.

2. IRS Form 8824

The primary form used to report a 1031 exchange is IRS Form 8824, “Like-Kind Exchanges.” This form must be filed with your tax return for the year in which the exchange was completed. Form 8824 helps calculate the realized gain, recognized gain, and the basis of the replacement property.

3. Completing Form 8824

  • Part I: Information on the Like-Kind Exchange
    • Provide details about the relinquished and replacement properties, including descriptions, dates of transfer, and identification.
    • Indicate whether the exchange involved related parties.
  • Part II: Related Party Exchange Information
    • If the exchange involved a related party, additional information is required to ensure compliance with specific rules that prevent tax avoidance.
  • Part III: Realized Gain or Loss, Recognized Gain, and Basis of Like-Kind Property Received
    • Calculate the realized gain or loss by subtracting the adjusted basis of the relinquished property from the amount realized (sale price minus selling expenses).
    • Determine the recognized gain, which is typically zero if the exchange is fully deferred.
    • Calculate the basis of the replacement property, which is the adjusted basis of the relinquished property plus any additional money paid, minus any money received.

4. Example of a 1031 Exchange

Let’s say you own an investment property with an adjusted basis of $200,000, and you sell it for $500,000. You use Deferred.com as your qualified intermediary to facilitate the exchange. After selling expenses of $20,000, you have $480,000 in net proceeds.

You identify and purchase a replacement property for $550,000 within the 180-day exchange period. You use the $480,000 from the sale and take out a mortgage for the remaining $70,000.

  • Realized Gain:
    • Sale Price: $500,000
    • Adjusted Basis: $200,000
    • Selling Expenses: $20,000
    • Realized Gain: $500,000 − $200,000 − $20,000 = $280,000
  • Recognized Gain: Since you reinvested all proceeds and acquired a property of equal or greater value, the recognized gain is $0.
  • Basis of Replacement Property:
    • Adjusted Basis of Relinquished Property: $200,000
    • Additional Money Paid (Mortgage): $70,000
    • Basis of Replacement Property: $200,000 + $70,000 = $270,000

5. Additional Considerations

  • Ensure all deadlines are met, including the 45-day identification period and the 180-day exchange period.
  • Keep detailed records of all transactions, including contracts, closing statements, and communications with Deferred.com as your qualified intermediary.
  • Consult with a tax professional to ensure all aspects of the exchange are correctly reported and to address any specific circumstances that may affect your exchange.

By following these steps and using Form 8824, you can accurately report your 1031 exchange and defer capital gains taxes, allowing you to reinvest in new opportunities while maintaining compliance with IRS regulations. If you have any questions or need assistance, Deferred.com is here to help guide you through the process.

Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.

Deferred's AI Real Estate Tax Expert (ARTE) is a free research tool. Trained on 8,000+ pages of US tax law, regulations and rulings, ARTE outperforms human test takers on the CPA exam. This is page has ARTE's response to a common 1031 Exchange question and should not be considered personalized tax advice.

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