Question
ARTE's Answer
When you complete a 1031 exchange, you need to report the transaction to the IRS using Form 8824, titled "Like-Kind Exchanges." This form is essential for ensuring that your exchange is properly documented and that you qualify for the tax deferral benefits under Section 1031 of the Internal Revenue Code.
Form 8824 requires you to provide detailed information about both the relinquished property (the property you sold) and the replacement property (the property you acquired). Here’s a breakdown of the key sections of Form 8824 and what you need to include:
- Part I – Information on the Like-Kind Exchange:
- You will need to provide the description of the relinquished property and the replacement property. This includes the address or a detailed description if the property is not real estate.
- You must also indicate the dates of the exchange, specifically when you transferred the relinquished property and when you received the replacement property. Remember, the replacement property must be identified within 45 days and received within 180 days of the transfer of the relinquished property.
- Part II – Related Party Exchange Information:
- If your exchange involves a related party, you need to provide additional information here. This section helps the IRS ensure that the exchange is not being used to improperly defer taxes through transactions with related parties.
- Part III – Realized Gain or (Loss), Recognized Gain, and Basis of Like-Kind Property Received:
- This section is where you calculate the realized gain or loss from the exchange. You will need to provide the fair market value of the relinquished property, any liabilities assumed by the other party, and any cash or other non-like-kind property received (known as "boot").
- You will also calculate the recognized gain, which is the portion of the gain that is taxable. Ideally, in a properly structured 1031 exchange, this should be zero, as the goal is to defer all gain.
- Finally, you will determine the basis of the replacement property, which is crucial for future tax purposes when you eventually sell the replacement property.
Example: Let’s say you sold a rental property for $500,000 and 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. You had a mortgage of $100,000 on the relinquished property, which was paid off at closing, and you took out a new mortgage of $150,000 on the replacement property.
On Form 8824, you would report the sale of the relinquished property and the purchase of the replacement property. You would detail the transaction dates, the properties involved, and the financial details, including the mortgages. The form would help you calculate the realized gain, which in this case might be $400,000 (sale price minus the mortgage), and ensure that the entire gain is deferred by reinvesting in a property of equal or greater value.
Using Deferred.com as your qualified intermediary, we ensure that the exchange is structured correctly, and we handle the funds to prevent any constructive receipt issues. Our "No Fee Exchange" service means you save money on the transaction, making the process more cost-effective.
By accurately completing Form 8824 and using a qualified intermediary like us, you can successfully defer capital gains taxes and reinvest in a new property, continuing to build your real estate portfolio tax-efficiently.
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.
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