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received in a multi-asset exchange. For

exclusion to the result. Enter that sum on

Line 5. Enter on line 5 the date of the

details, see Regulations section

line 25.

written identification of the like-kind

1.1031(j)-1.

property you received in a deferred

Property used partly as home. If the

exchange. To comply with the 45-day

Reporting of multi-asset exchanges.

property given up was used partly as a

written identification requirement, the

If you transferred and received (a) more

home, and partly for business or

following conditions must be met.

than one group of like-kind properties or

investment, you will need to use two

(b) cash or other (not like-kind) property,

separate Forms 8824 as worksheets. Use

1. The like-kind property you receive

don't complete lines 12 through 18 of

one worksheet for the part of the property

in a deferred exchange is designated in

Form 8824. Instead, attach your own

used as a home, and the other worksheet

writing as replacement property either in a

statement showing how you figured the

for the part used for business or

document you signed or in a written

realized and recognized gain, and enter

investment. Fill out only lines 15 through

agreement signed by all parties to the

the correct amount on lines 19 through 25.

25 of each worksheet Form 8824. On the

exchange.

Report any recognized gains on your

worksheet Form 8824 for the part of the

2. The document or agreement

Schedule D; Form 4797, Sales of

property used as a home, follow steps (1)

describes the replacement property in a

Business Property; or Form 6252,

through (3) above, except that instead of

clear and recognizable manner. Real

Installment Sale Income, whichever

following step (2), enter the amount from

property should be described using a legal

applies.

line 19 on line 20. On the worksheet Form

description, street address, or

8824 for the part of the property used for

distinguishable name (for example,

Exchanges using a qualified exchange

business or investment, follow steps (1)

“Mayfair Apartment Building”).

accommodation arrangement (QEAA).

through (3) above only if you can exclude

If property is transferred to an exchange

3. No later than 45 days after the date

at least part of any gain from the exchange

accommodation titleholder (EAT) and held

you transferred the property you gave up:

of that part of the property; otherwise,

in a QEAA, the EAT may be treated as the

a. You send, fax, or hand deliver the

complete the form according to its

beneficial owner of the property, the

document you signed to the person

instructions. Enter the combined amounts

property transferred from the EAT to you

required to transfer the replacement

from lines 15 through 25 of both

may be treated as property you received

property to you (including a disqualified

worksheet Forms 8824 on the Form 8824

in an exchange, and the property you

person) or to another person involved in

you file. Don't file either worksheet with

transferred to the EAT may be treated as

the exchange (other than a disqualified

Form 8824.

property you gave up in an exchange. This

person), or

may be true even if the property you are to

More information. For details, see

b. All parties to the exchange sign the

receive is transferred to the EAT before

Rev. Proc. 2005-14, 2005-7 I.R.B. 528,

written agreement designating the

you transfer the property you are giving

available at

replacement property.

up. However, the property transferred to

ar10.html.

you can't be treated as property received

Generally, a disqualified person is

Exchange of stock in a mutual ditch,

in an exchange if you previously owned it

either your agent at the time of the

reservoir, or irrigation company. The

within 180 days of its transfer to the EAT.

transaction or a person related to you. For

exchange of stock in a mutual ditch,

For details, see Rev. Proc. 2000-37 as

more details, see Regulations section

reservoir, or irrigation company may

modified by Rev. Proc. 2004-51. Rev.

1.1031(k)-1(k).

qualify for the nonrecognition of gain or

Proc. 2000-37 is on page 308 of Internal

loss under section 1031.

Revenue Bulletin 2000-40 at

Note. If you received the replacement

The nonrecognition of gain or loss on

pub/irs-irbs/irb00-40.pdf. Rev. Proc.

property before the end of the 45-day

the exchange may apply if, at the time of

2004-51, 2004-33 I.R.B. 294, is available

period, you automatically are treated as

the exchange:

irb/2004-33_IRB/

having met the 45-day written

ar13.html.

1. The company is a section 501(c)

identification requirement. In this case,

enter on line 5 the date you received the

(12)(A) organization (determined without

Property used as home. If the property

replacement property.

regard to the percentage of income

given up was owned and used as your

collected from members for the purpose of

home for at least a total of two years

Line 6. Enter on line 6 the date you

meeting losses and expenses), and

during the 5-year period ending on the

received the like-kind property from the

2. The shares of stock in the company

date of the exchange, you may be able to

other party.

exclude part or all of any gain figured on

have been recognized by the highest court

The property must be received by the

Form 8824. For details on the exclusion

in the state in which the company was

earlier of the following dates.

(including how to figure the amount of the

organized or by an applicable statute of

The 180th day after the date you

that state as constituting or representing

exclusion), see Pub. 523, Selling Your

transferred the property given up in the

Home. Fill out Form 8824 according to its

real property or an interest in real property.

exchange.

instructions, with these exceptions:

The due date (including extensions) of

Additional information. For more

1. Subtract line 18 from line 17. Enter

your tax return for the year in which you

information on like-kind exchanges, see

that result on line 19. On the dotted line

transferred the property given up.

section 1031 and its regulations and Pub.

next to line 19, enter “Section 121

544.

Line 7. Special rules apply to like-kind

exclusion” and the amount of the

exchanges made with related parties,

exclusion.

Specific Instructions

either directly or indirectly. A related party

2. On line 20, enter the smaller of:

includes your spouse, child, grandchild,

a. Line 15 minus the exclusion, or

parent, grandparent, brother, sister, or a

Lines 1 and 2. For real property, enter

related corporation, S corporation,

the address and type of property. For

b. Line 19.

partnership, trust, estate, or tax-exempt

personal property, enter a short

Don't enter less than zero.

organization. See section 1031(f).

description. For property located outside

3. Subtract line 15 from the sum of

the United States, include the country.

An exchange made indirectly with a

lines 18 and 23. Add the amount of your

related party includes:

2016 Instructions for Form 8824

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Instructions For Form 8824 - Like-Kind Exchanges (And Section 1043 Conflict-Of-Interest Sales) - 2016 Page 2

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