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This document provides instructions for reporting like-kind exchanges of business or investment property according to the Internal Revenue Code, including details on deferred exchanges, related party
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How to fill out form 8824

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How to fill out Form 8824

01
Obtain Form 8824 from the IRS website or your tax professional.
02
Complete the identification section with your name, Social Security number, and address.
03
In Part I, describe the like-kind exchange, including the date of the exchange and the properties involved.
04
In Part II, provide information about the properties given up and received, including their fair market values.
05
In Part III, calculate any gain or loss from the transaction based on the values you provided.
06
Sign and date the form, then attach it to your tax return when filing.

Who needs Form 8824?

01
Taxpayers who have engaged in a like-kind exchange of property as per IRS rules.
02
Individuals or entities exchanging real estate or personal property for other like-kind properties.
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After completing a 1031 exchange, you must report the transaction to the IRS using Form 8824 to maintain the transaction's tax-deferred status. You must file the form with your annual income tax return for the year in which the exchange was completed.
Under IRC §1031, the following properties do not qualify for tax-deferred exchange treatment: Stock in trade or other property held primarily for sale (i.e. property held by a developer, “flipper” or other dealer) Securities or other evidences of indebtedness or interest. Stocks, bonds, or notes.
The main requirements for a 1031 exchange are: (1) must purchase another “like-kind” investment property; (2) replacement property must be of equal or greater value; (3) must invest all of the proceeds from the sale (cannot receive any “boot”); (4) must be the same title holder and taxpayer; (5) must identify new
The exchanged properties must be in the United States to qualify. There are strict time limits: The replacement property must be identified within 45 days, and the exchange must be completed within 180 days. Cash or mortgage differences, called “boot,” can trigger tax liabilities.
Include your name and identifying number at the top of each page of the statement. On the summary Form 8824, enter only your name and identifying number, “Summary” on line 1, the total recognized gain from all exchanges on line 23, and the total basis of all like-kind property received on line 25.
You must acquire one or more replacement properties that are equal to or greater in net purchase value than the net sales value of the relinquished property you sold. You must reinvest all of your net cash proceeds from the sale of the relinquished property.
What happens if I do not file Form 8824? There are no penalties for failure to file Form 8824 but there are consequences. For starters, you can't defer capital gains tax. This means that the exchange may be treated as a sale transaction subject to capital gains tax.
You cannot trade partnership shares, notes, stocks, bonds, certificates of trust or other such items. You cannot trade investment property for a personal residence, property in a foreign country or “stock in trade.” Houses built by a developer and offered for sale are stock in trade.

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Form 8824 is used for reporting like-kind exchanges of property under Section 1031 of the Internal Revenue Code.
Taxpayers who engage in a like-kind exchange of real estate or personal property must file Form 8824.
To fill out Form 8824, provide details about the relinquished property, the replacement property, and the exchange dates, along with any gain or loss.
The purpose of Form 8824 is to provide the IRS with information about like-kind exchanges and to defer the recognition of gain or loss on exchanged properties.
Form 8824 requires information on the description of properties, their fair market values, the dates of exchange, and details of any cash received or liabilities assumed.
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