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in a QEAA, the EAT may be treated as the

you file. Do not file either worksheet Form

the exchange (other than a disqualified

beneficial owner of the property, the

8824.

person), or

property transferred from the EAT to you

b. All parties to the exchange sign the

More information. For details, see

may be treated as property you received

written agreement designating the

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

in an exchange, and the property you

replacement property.

available at

transferred to the EAT may be treated as

ar10.html.

Generally, a disqualified person is

property you gave up in an exchange. This

either your agent at the time of the

may be true even if the property you are to

Exchange of stock in a mutual ditch,

transaction or a person related to you. For

receive is transferred to the EAT before

reservoir, or irrigation company. The

more details, see Regulations section

you transfer the property you are giving

exchange of stock in a mutual ditch,

1.1031(k)-1(k).

up. However, the property transferred to

reservoir, or irrigation company may

you cannot be treated as property

qualify for the nonrecognition of gain or

Note. If you received the replacement

received in an exchange if you previously

loss under section 1031.

property before the end of the 45-day

owned it within 180 days of its transfer to

The nonrecognition of gain or loss on

period, you automatically are treated as

the EAT. For details, see Rev. Proc.

the exchange may apply if, at the time of

having met the 45-day written

2000-37 as modified by Rev. Proc.

the exchange:

identification requirement. In this case,

2004-51. Rev. Proc. 2000-37 is on

1. The company is a section 501(c)

enter on line 5 the date you received the

page 308 of Internal Revenue Bulletin

(12)(A) organization (determined without

replacement property.

2000-40 at

regard to the percentage of income

irb00-40.pdf. Rev. Proc. 2004-51, 2004-33

Line 6. Enter on line 6 the date you

collected from members for the purpose of

I.R.B. 294, is available at

received the like-kind property from the

meeting losses and expenses), and

2004-33_IRB/ar13.html.

other party.

2. The shares of stock in the company

Property used as home. If the property

The property must be received by the

have been recognized by the highest court

given up was owned and used as your

earlier of the following dates.

in the state in which the company was

home during the 5-year period ending on

The 180th day after the date you

organized or by an applicable statute of

the date of the exchange, you may be able

transferred the property given up in the

that state as constituting or representing

to exclude part or all of any gain figured on

exchange.

real property or an interest in real property.

Form 8824. For details on the exclusion

The due date (including extensions) of

(including how to figure the amount of the

your tax return for the year in which you

Additional information. For more

exclusion), see Pub. 523, Selling Your

transferred the property given up.

information on like-kind exchanges, see

Home. Fill out Form 8824 according to its

section 1031 and its regulations and Pub.

Line 7. Special rules apply to like-kind

instructions, with these exceptions:

544.

exchanges made with related parties,

1. Subtract line 18 from line 17. Enter

either directly or indirectly. A related party

that result on line 19. On the dotted line

Specific Instructions

includes your spouse, child, grandchild,

next to line 19, enter “Section 121

parent, grandparent, brother, sister, or a

exclusion” and the amount of the

Lines 1 and 2. For real property, enter

related corporation, S corporation,

exclusion.

the address and type of property. For

partnership, trust, or estate. See section

2. On line 20, enter the smaller of:

personal property, enter a short

1031(f).

description. For property located outside

a. Line 15 minus the exclusion, or

An exchange made indirectly with a

the United States, include the country.

related party includes:

b. Line 19.

An exchange made with a related party

Line 5. Enter on line 5 the date of the

Do not enter less than zero.

through an intermediary (such as a

written identification of the like-kind

3. Subtract line 15 from the sum of

qualified intermediary or an exchange

property you received in a deferred

lines 18 and 23. Add the amount of your

accommodation titleholder, as defined in

exchange. To comply with the 45-day

exclusion to the result. Enter that sum on

Pub. 544), or

written identification requirement, the

line 25.

following conditions must be met.

An exchange made by a disregarded

entity (such as a single member limited

Property used partly as home. If the

1. The like-kind property you receive

liability company) if you or a related party

property given up was used partly as a

in a deferred exchange is designated in

owned that entity.

home, you will need to use two separate

writing as replacement property either in a

Forms 8824 as worksheets—one for the

document you signed or in a written

If you or the related party (either

part of the property used as a home and

agreement signed by all parties to the

directly or indirectly) dispose of property

one for the part used for business or

received in an exchange before the date

exchange.

that is 2 years after the last transfer which

investment. Fill out only lines 15 through

2. The document or agreement

25 of each worksheet Form 8824. On the

was part of the exchange, the deferred

describes the replacement property in a

worksheet Form 8824 for the part of the

gain or (loss) from line 24 must be

clear and recognizable manner. Real

property used as a home, follow steps (1)

reported on your return for the year of

property should be described using a legal

through (3) above, except that instead of

disposition (unless an exception on line 11

description, street address, or

applies).

following step (2), enter the amount from

distinguishable name (for example,

line 19 on line 20. On the worksheet Form

“Mayfair Apartment Building”).

If you are filing this form for 1 of the 2

8824 for the part of the property used for

years following the year of the exchange,

3. No later than 45 days after the date

business or investment, follow steps (1)

complete Parts I and II. If both lines 9 and

you transferred the property you gave up:

through (3) above only if you can exclude

10 are “No,” stop.

a. You send, fax, or hand deliver the

at least part of any gain from the exchange

If either line 9 or line 10 is “Yes,” and an

document you signed to the person

of that part of the property; otherwise,

exception on line 11 applies, check the

required to transfer the replacement

complete the form according to its

applicable box on line 11, attach any

property to you (including a disqualified

instructions. Enter the combined amounts

required explanation, and stop. If no

person) or to another person involved in

from lines 15 through 25 of both

line 11 exceptions apply, complete Part III.

worksheet Forms 8824 on the Form 8824

2013 Instructions for Form 8824

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Instructions For Form 8824 - Like-Kind Exchanges (And Section 1043 Conflict-Of-Interest Sales) - 2013 Page 2

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