Instructions For Form 8824 - Like-Kind Exchanges (And Section 1043 Conflict-Of-Interest Sales) - 2014 Page 4

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1. See section 453(f)(6) to determine
the cost of replacement property
which the gain is treated as ordinary
the installment sale income taxable for this
purchased within 60 days after the sale.
income), report the gain on Form 4797,
year and report it on Form 6252.
(You also must recognize any ordinary
line 2 or line 10, column (g). In column (a),
income recapture.) Permitted property is
write “From Form 8824, line 36.” Do not
2. Enter on Form 6252, line 25 or 36,
any obligation of the United States or any
complete columns (b) through (f).
the section 1252, 1254, or 1255 recapture
diversified investment fund approved by
amount you figured on Form 8824, line 21.
the OGE.
Paperwork Reduction Act Notice. We
Do not enter more than the amount shown
ask for the information on this form to carry
on Form 6252, line 24 or 35.
If the property you sold was stock
out the Internal Revenue laws of the
3. Also enter this amount on Form
you acquired by exercising a
United States. You are required to give us
TIP
4797, line 15.
statutory stock option, you may
the information. We need it to ensure that
be treated as meeting the holding periods
4. If all the ordinary income is not
you are complying with these laws and to
that apply to such stock, regardless of how
recaptured this year, report in future years
allow us to figure and collect the right
long you actually held the stock. This may
on Form 6252 the ordinary income up to
amount of tax.
benefit you if you do not defer your entire
the taxable installment sale income, until it
gain, because it may allow you to treat the
You are not required to provide the
is all reported.
gain as a capital gain instead of ordinary
information requested on a form that is
income. For details, see section 421(d) or
subject to the Paperwork Reduction Act
Line 22. Report a gain from the exchange
unless the form displays a valid OMB
Pub. 525, Taxable and Nontaxable
of property used in a trade or business
control number. Books or records relating
Income.
(and other noncapital assets) on Form
to a form or its instructions must be
4797, line 5 or line 16. Report a gain from
retained as long as their contents may
Complete Part IV of Form 8824 only if
the exchange of capital assets according
become material in the administration of
the cost of the replacement property is
to the Schedule D instructions for your
any Internal Revenue law. Generally, tax
more than the basis of the divested
return. Be sure to use the date of the
property and you elect to defer the gain.
returns and return information are
exchange as the date for reporting the
Otherwise, report the sale on your
confidential, as required by section 6103.
gain. If the installment method applies to
Schedule D or Form 4797, whichever
this exchange, see section 453(f)(6) to
The time needed to complete and file
applies.
determine the installment sale income
this form will vary depending on individual
taxable for this year and report it on Form
circumstances. The estimated burden for
Your basis in the replacement property
6252.
individual taxpayers filing this form is
is reduced by the amount of the deferred
approved under OMB control number
gain. If you made more than one purchase
Line 24. If line 19 is a loss, enter it on
1545-0074 and is included in the
of replacement property, reduce your
line 24. Otherwise, subtract the amount on
estimates shown in the instructions for
line 23 from the amount on line 19 and
basis in the replacement property in the
their individual income tax return. The
enter the result. For exchanges with
order you acquired it.
estimated burden for all other taxpayers
related parties, see the instructions for
Line 30. Enter the amount you received
who file this form is shown below.
Line
7, earlier.
from the sale of the divested property,
Line 25. The amount on line 25 is your
minus any selling expenses.
Recordkeeping
10 hr., 17 min.
basis in the like-kind property you
. . . .
Line 35. Follow these steps to determine
received in the exchange. Your basis in
Learning about
the amount to enter.
other property received in the exchange, if
the law or the
1. Use Part III of Form 4797 as a
any, is its FMV.
form
1 hr., 59 min.
. . . . . . . . . . . .
worksheet to figure ordinary income under
Preparing the
Section 1043
the recapture rules.
form
2 hr., 14 min.
. . . . . . . . . . . .
Conflict-of-Interest Sales
2. Enter on Form 8824, line 35, the
Copying, assembling,
amount from Form 4797, line 31. Do not
(Part IV)
and sending the form
attach the Form 4797 used as a worksheet
to the IRS
10 min.
to your return.
If you sell property at a gain according to a
. . . . . . . .
certificate of divestiture issued by the
3. Report the amount from line 35 on
If you have comments concerning the
Office of Government Ethics (OGE) or the
Form 4797, line 10, column (g). In column
accuracy of these time estimates or
Judicial Conference of the United States
(a), write “From Form 8824, line 35.” Do
suggestions for making this form simpler,
(or its designee) and purchase
not complete columns (b) through (f).
we would be happy to hear from you. See
replacement property (permitted
the instructions for the tax return with
property), you can elect to defer part or all
Line 36. If you sold a capital asset, enter
which this form is filed.
of the realized gain. You must recognize
any capital gain from line 36 on your
gain on the sale only to the extent that the
Schedule D. If you sold property used in a
amount realized on the sale is more than
trade or business (or any other asset for
2014 Instructions for Form 8824
-4-

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