How to record a 1031 exchange?

Question

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

ARTE's Answer

Recording 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 record a 1031 exchange, with an example to illustrate the process. Step 1: Understand the Basics of a 1031 Exchange

A 1031 exchange, also known as a like-kind exchange, allows you to defer capital gains taxes on the sale of an investment property by reinvesting the proceeds into a similar property. The key requirements include:

  • The properties involved must be held for productive use in a trade or business or for investment.
  • The replacement property must be of like-kind to the relinquished property.
  • The replacement property must be identified within 45 days and acquired within 180 days of the sale of the relinquished property.

Step 2: Engage a Qualified Intermediary

To facilitate a 1031 exchange, you must use a Qualified Intermediary (QI) to hold the proceeds from the sale of the relinquished property and to acquire the replacement property on your behalf. At Deferred.com, we offer qualified intermediary services, including a "No Fee Exchange," which can save you money on your transaction.

Step 3: Record the Sale of the Relinquished Property

When you sell your relinquished property, record the transaction as you would any other sale. This includes:

  • Recording the sale price and any selling expenses, such as commissions and closing costs.
  • Calculating the adjusted basis of the property, which includes the original purchase price plus any capital improvements, minus depreciation.

Example:

Let's say you sell a rental property for $500,000. You originally purchased it for $300,000 and made $50,000 in improvements. You also claimed $30,000 in depreciation. Your adjusted basis would be $320,000 ($300,000 + $50,000 - $30,000).

Step 4: Record the Acquisition of the Replacement Property

Once you acquire the replacement property, record the transaction as follows:

  • Record the purchase price of the replacement property.
  • Include any acquisition costs, such as title insurance, recording fees, and legal fees, as part of the property's basis.

Example:

You identify and purchase a replacement property for $600,000 using Deferred.com as your QI. The acquisition costs amount to $10,000. Your total basis in the replacement property would be $610,000.

Step 5: Report the 1031 Exchange on IRS Form 8824

To report the 1031 exchange, you must complete IRS Form 8824, "Like-Kind Exchanges," and attach it to your tax return for the year in which the exchange was completed. The form requires you to:

  • Provide details of the relinquished and replacement properties.
  • Calculate the realized gain, recognized gain, and deferred gain.
  • Report any boot received (non-like-kind property or cash) and any gain recognized.

Example:

Continuing with our example, you sold the relinquished property for $500,000 and purchased the replacement property for $600,000. Since you reinvested all proceeds and did not receive any boot, you can defer the entire gain. On Form 8824, you would report the realized gain of $180,000 ($500,000 sale price - $320,000 adjusted basis) and indicate that the gain is deferred.

Step 6: Maintain Proper Documentation

Keep detailed records of all transactions, including purchase and sale agreements, closing statements, and correspondence with Deferred.com as your QI. Proper documentation is crucial in case of an IRS audit.

By following these steps and using Deferred.com as your qualified intermediary, you can successfully record a 1031 exchange and defer capital gains taxes, allowing you to reinvest in new investment opportunities.

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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Can 1031 exchange be used for foreign property?
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