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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.
If during the current tax year you transferred property to another party in a like-kind exchange, you must file Form 8824 with your tax return for that year. Also file Form 8824 for the 2 years following the year of a related party exchange.
How do you report Section 1031 Like-Kind Exchanges to the IRS? You must report an exchange to the IRS on Form 8824, Like-Kind Exchanges and file it with your tax return for the year in which the exchange occurred.
Your 1031 exchange must be reported by completing Form 8824 and filing it along with your federal income tax return. If you completed more than one exchange, a different form must be completed for each exchange. For line-by-line instructions on how to complete form, download the instructions here.
How do you report Section 1031 Like-Kind Exchanges to the IRS? You must report an exchange to the IRS on Form 8824, Like-Kind Exchanges and file it with your tax return for the year in which the exchange occurred.
How to Do a 1031 Exchange Choose a qualified intermediary to coordinate the exchange. Sell your current real estate property. You have 45 days to identify potential replacement properties. You have 180 days to close on a replacement property. File IRS Form 8824.
Section 1031(f) provides that if a Taxpayer exchanges with a related party then the party who acquired the property in the exchange must hold it for 2 years or the exchange will be disallowed.
There are certain rare exceptions to the two-year rule: if the disposition of the replacement property occurs “after the earlier of the death of the taxpayer or the death of the related person,” it may be acceptable to dispose of the replacement property within two years.
Detailed record-keeping and allowing your replacement property to have its season as an investment asset is imperative. The exchange can be disallowed if the IRS suspects that you completed the 1031 exchange, intending to move in immediately. It's best to wait at least two years.
The 2-Year Holding Period Rule is part of the IRS procedures regulating 1031 exchanges. It stipulates that you must hold your Replacement Property (new property) for a minimum of two years after acquiring it.