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When you complete a 1031 exchange, it’s crucial to report the transaction accurately on your tax return to ensure compliance with IRS regulations and to successfully defer capital gains taxes. The primary form used for reporting a 1031 exchange is IRS Form 8824, “Like-Kind Exchanges.” Here’s a detailed breakdown of how to report a 1031 exchange on your tax return, along with an example to illustrate the process.
Step-by-Step Guide to Reporting a 1031 Exchange:
- Form 8824 – Like-Kind Exchanges:
- Part I: Information on the Like-Kind Exchange This section requires you to provide details about the properties involved in the exchange. You’ll need to list the description of the relinquished property (the property you sold) and the replacement property (the property you acquired). Additionally, you’ll need to provide the dates of the exchange, including the date you transferred the relinquished property and the date you received the replacement property.
- Part II: Related Party Exchange Information If your exchange involved a related party, you must complete this section. A related party could be a family member or an entity in which you have a significant ownership interest. This section ensures that the exchange complies with the related party rules under Section 1031.
- Part III: Realized Gain or (Loss), Recognized Gain, and Basis of Like-Kind Property Received This is where you calculate the realized gain or loss from the exchange. You’ll need to provide the fair market value of the relinquished property, the adjusted basis, and any cash or other non-like-kind property received (known as “boot”). The form will guide you through calculating the realized gain and determining if any gain is recognized (taxable).
- Schedule D – Capital Gains and Losses: If there is any recognized gain from the exchange (for example, if you received boot), you will report this gain on Schedule D of your tax return. The recognized gain is the portion of the realized gain that is taxable in the current year.
- Form 4797 – Sales of Business Property: If the properties involved in the exchange were used in a trade or business, you may also need to report the transaction on Form 4797. This form is used to report the sale or exchange of business property, including any depreciation recapture.
Example of Reporting a 1031 Exchange:
Let’s say you sold a rental property for $500,000, which you originally purchased for $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 180-day period.
- Form 8824:
- Part I: You would list the relinquished property (the rental property you sold) and the replacement property (the new property you acquired). You’d include the dates of the sale and purchase.
- Part III: You’d calculate the realized gain. The fair market value of the relinquished property is $500,000, and the adjusted basis is $300,000, resulting in a realized gain of $200,000. Since you reinvested all proceeds into a like-kind property and did not receive any boot, the recognized gain is $0, allowing you to defer the entire gain.
- Schedule D and Form 4797: Since there is no recognized gain, you would not report any gain on Schedule D. If the property was used in a business, you might need to report the transaction on Form 4797, but only for informational purposes, as there is no taxable gain.
By using Deferred.com as your qualified intermediary, you ensure that the exchange is structured correctly, allowing you to defer taxes and keep your investment working for you. Always consult with a tax professional to ensure all forms are completed accurately and to address any specific circumstances related to your exchange.
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)
- Goolsby v. Commissioner
- TAM 200039005 (Failed Reverse Exchanges)
- Deferring Losses On The Sale of Property Using 1031 Exchanges
- TD 8535 (Like-Kind Exchanges of Real Property-Coordination with Section 453)
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