Question
ARTE's Answer
When reporting a 1031 exchange on your tax return, it’s essential to accurately complete IRS Form 8824, “Like-Kind Exchanges.” This form is specifically designed to report the details of your 1031 exchange and ensure compliance with IRS regulations. Here’s a step-by-step guide to help you navigate the process:
- Part I: Information on the Like-Kind Exchange
- Line 1: Enter a description of the relinquished property you sold. Include details such as the address and type of property.
- Line 2: Provide a description of the replacement property you acquired. Again, include the address and type of property.
- Line 3: Indicate the date you transferred the relinquished property.
- Line 4: Enter the date you identified the replacement property. Remember, you must identify the replacement property within 45 days of transferring the relinquished property.
- Line 5: Enter the date you received the replacement property. This must be within 180 days of the transfer of the relinquished property or by the due date of your tax return, including extensions, whichever is earlier.
- Part II: Related Party Exchange Information
- If your exchange involved a related party, complete this section. A related party is typically a family member or an entity in which you have a significant ownership interest. If no related party is involved, you can skip this section.
- Part III: Realized Gain or Loss, Recognized Gain, and Basis of Like-Kind Property Received
- Line 12: Enter the fair market value of the relinquished property.
- Line 13: Enter the adjusted basis of the relinquished property. This includes the original purchase price plus any improvements, minus depreciation.
- Line 14: Calculate the realized gain or loss by subtracting the adjusted basis (Line 13) from the fair market value (Line 12).
- Line 15: Enter any cash or non-like-kind property received in the exchange, known as “boot.” This could include cash, debt relief, or other property.
- Line 16: Calculate the recognized gain, which is the lesser of the realized gain (Line 14) or the boot received (Line 15).
- Line 18: Determine the basis of the replacement property by adjusting the basis of the relinquished property for any gain recognized and any boot received.
Example:
Let’s say you sold a rental property for $500,000, with an adjusted basis of $300,000. You used Deferred.com as your qualified intermediary to facilitate the exchange. You identified and acquired a replacement property worth $550,000 within the required timeframes.
- Line 12: $500,000 (fair market value of relinquished property)
- Line 13: $300,000 (adjusted basis of relinquished property)
- Line 14: $200,000 (realized gain: $500,000 − $300,000)
- Line 15: $0 (no boot received, as all proceeds were reinvested)
- Line 16: $0 (recognized gain, as no boot was received)
- Line 18: $300,000 (basis of replacement property, adjusted for no recognized gain or boot)
By using Deferred.com as your qualified intermediary, you ensured that the exchange was structured correctly, allowing you to defer the entire $200,000 gain. This deferral keeps your equity working for you, enabling you to invest in more profitable properties without immediate tax consequences.
Completing Form 8824 accurately is crucial to maintaining the tax-deferred status of your 1031 exchange. If you have any questions or need assistance, consulting with a tax professional or reaching out to us at Deferred.com can provide additional guidance.
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.
Sources
- What To Do About Exchange Expenses in a Section 1031 Exchange? (Article)
- Rev. Rul. 2002-83 (Related Party Exchanges)
- Deferring Losses On The Sale of Property Using 1031 Exchanges
- Goolsby v. Commissioner
- TAM 200039005 (Failed Reverse Exchanges)
- TD 8535 (Like-Kind Exchanges of Real Property-Coordination with Section 453)
1031 Question? Ask ARTE
Deferred's AI 1031 Research Assistant is trained on 8,000+ pages of US tax law and outperforms human CPAs by 22%+
CHAT NOW
Learn More
See more frequently asked questions about 1031 exchanges