Instructions For Form 8824 - Like-Kind Exchanges (And Section 1043 Conflict-Of-Interest Sales) - 2015 Page 2

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received in a multi-asset exchange. For
exclusion to the result. Enter that sum on
exchange. To comply with the 45-day
details, see Regulations section
line 25.
written identification requirement, the
1.1031(j)-1.
following conditions must be met.
Property used partly as home. If the
1. The like-kind property you receive
Reporting of multi-asset exchanges.
property given up was used partly as a
in a deferred exchange is designated in
If you transferred and received (a) more
home, you will need to use two separate
writing as replacement property either in a
than one group of like-kind properties or
Forms 8824 as worksheets—one for the
document you signed or in a written
(b) cash or other (not like-kind) property,
part of the property used as a home and
agreement signed by all parties to the
do not complete lines 12 through 18 of
one for the part used for business or
exchange.
Form 8824. Instead, attach your own
investment. Fill out only lines 15 through
statement showing how you figured the
25 of each worksheet Form 8824. On the
2. The document or agreement
realized and recognized gain, and enter
worksheet Form 8824 for the part of the
describes the replacement property in a
the correct amount on lines 19 through 25.
property used as a home, follow steps (1)
clear and recognizable manner. Real
Report any recognized gains on your
through (3) above, except that instead of
property should be described using a legal
Schedule D; Form 4797, Sales of
following step (2), enter the amount from
description, street address, or
Business Property; or Form 6252,
line 19 on line 20. On the worksheet Form
distinguishable name (for example,
Installment Sale Income, whichever
8824 for the part of the property used for
“Mayfair Apartment Building”).
applies.
business or investment, follow steps (1)
3. No later than 45 days after the date
through (3) above only if you can exclude
you transferred the property you gave up:
Exchanges using a qualified exchange
at least part of any gain from the exchange
accommodation arrangement (QEAA).
a. You send, fax, or hand deliver the
of that part of the property; otherwise,
If property is transferred to an exchange
document you signed to the person
complete the form according to its
accommodation titleholder (EAT) and held
required to transfer the replacement
instructions. Enter the combined amounts
in a QEAA, the EAT may be treated as the
property to you (including a disqualified
from lines 15 through 25 of both
beneficial owner of the property, the
person) or to another person involved in
worksheet Forms 8824 on the Form 8824
property transferred from the EAT to you
the exchange (other than a disqualified
you file. Do not file either worksheet Form
may be treated as property you received
person), or
8824.
in an exchange, and the property you
b. All parties to the exchange sign the
transferred to the EAT may be treated as
More information. For details, see
written agreement designating the
property you gave up in an exchange. This
Rev. Proc. 2005-14, 2005-7 I.R.B. 528,
replacement property.
may be true even if the property you are to
available at
Generally, a disqualified person is
receive is transferred to the EAT before
ar10.html.
either your agent at the time of the
you transfer the property you are giving
Exchange of stock in a mutual ditch,
up. However, the property transferred to
transaction or a person related to you. For
reservoir, or irrigation company. The
you cannot be treated as property
more details, see Regulations section
exchange of stock in a mutual ditch,
received in an exchange if you previously
1.1031(k)-1(k).
reservoir, or irrigation company may
owned it within 180 days of its transfer to
qualify for the nonrecognition of gain or
Note. If you received the replacement
the EAT. For details, see Rev. Proc.
loss under section 1031.
property before the end of the 45-day
2000-37 as modified by Rev. Proc.
The nonrecognition of gain or loss on
period, you automatically are treated as
2004-51. Rev. Proc. 2000-37 is on
the exchange may apply if, at the time of
having met the 45-day written
page 308 of Internal Revenue Bulletin
identification requirement. In this case,
the exchange:
2000-40 at
enter on line 5 the date you received the
irb00-40.pdf. Rev. Proc. 2004-51, 2004-33
1. The company is a section 501(c)
replacement property.
I.R.B. 294, is available at
(12)(A) organization (determined without
2004-33_IRB/ar13.html.
regard to the percentage of income
Line 6. Enter on line 6 the date you
collected from members for the purpose of
received the like-kind property from the
Property used as home. If the property
meeting losses and expenses), and
other party.
given up was owned and used as your
home for at least a total of two years
2. The shares of stock in the company
The property must be received by the
have been recognized by the highest court
during the 5-year period ending on the
earlier of the following dates.
in the state in which the company was
date of the exchange, you may be able to
The 180th day after the date you
exclude part or all of any gain figured on
organized or by an applicable statute of
transferred the property given up in the
Form 8824. For details on the exclusion
that state as constituting or representing
exchange.
(including how to figure the amount of the
real property or an interest in real property.
The due date (including extensions) of
exclusion), see Pub. 523, Selling Your
your tax return for the year in which you
Additional information. For more
Home. Fill out Form 8824 according to its
transferred the property given up.
information on like-kind exchanges, see
instructions, with these exceptions:
Line 7. Special rules apply to like-kind
section 1031 and its regulations and Pub.
1. Subtract line 18 from line 17. Enter
exchanges made with related parties,
544.
that result on line 19. On the dotted line
either directly or indirectly. A related party
next to line 19, enter “Section 121
includes your spouse, child, grandchild,
Specific Instructions
exclusion” and the amount of the
parent, grandparent, brother, sister, or a
exclusion.
related corporation, S corporation,
Lines 1 and 2. For real property, enter
2. On line 20, enter the smaller of:
partnership, trust, estate, or tax-exempt
the address and type of property. For
organization. See section 1031(f).
a. Line 15 minus the exclusion, or
personal property, enter a short
An exchange made indirectly with a
description. For property located outside
b. Line 19.
related party includes:
the United States, include the country.
Do not enter less than zero.
An exchange made with a related party
Line 5. Enter on line 5 the date of the
3. Subtract line 15 from the sum of
through an intermediary (such as a
written identification of the like-kind
lines 18 and 23. Add the amount of your
qualified intermediary or an exchange
property you received in a deferred
2015 Instructions for Form 8824
-2-

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