California Tax Free Exchange Package

State:
California
Control #:
CA-P064-PKG
Format:
Word; 
Rich Text
Instant download

Description

The Tax-Free Exchange Package contains essential forms to successfully complete a tax-free exchange of like-kind property.


This package contains the following forms:


(1) Exchange Agreement


(2) Exchange Addendum


(3) Certification Of No Info Reporting On Sale Of Exchange


(4) Like-Kind Exchanges


(5) Sale of Business Property


(6) Personal Planning Information and Document Inventory Worksheets


Detailed Information on each form:


1. Exchange Agreement - This form is used to establish the intent to enter into an exchange agreement and to otherwise qualify the contemplated transactions under the qualified intermediary safe harbor.


2. Exchange Addendum - In this form, the parties amend an existing contract to buy and sell real estate and agree that the Exchanging Party's rights under the contract are assignable prior to closing to structure an exchange of the property under Section 1031. The Cooperating Party agrees to reasonably cooperate in such exchange with the Exchanging Party.


3. Certification Of No Info Reporting On Sale Of Exchange - Complete this form to determine whether the sale or exchange should be reported to the seller, and to the Internal Revenue Service on Form 1099-S, Proceeds From Real Estate Transactions.


4. Like-Kind Exchanges - This form is used to report each exchange of business or investment property for property of a like kind to the Internal Revenue Service.


5. Sale of Business Property - This form is used to report gains, losses and recapture amounts from the sale of business property and involuntary conversions.


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FAQ

Avoiding the 1031 exchange California Clawback involves understanding the rules surrounding the replacement property. You should ensure that you adhere to the holding period requirements. Additionally, maintaining accurate records can help defend against any potential claims from the IRS.

IRS Form 8824, the tax form filed with the IRS to report a 1031 exchange transaction, provides that exchange expenses are to be deducted from the contract price in the determination of realized gain.Examples of these expenses include qualified intermediary (QI) fees, escrow closing costs and broker commissions.

To receive the full benefit of a 1031 exchange, your replacement property should be of equal or greater value. You must identify a replacement property for the assets sold within 45 days and then conclude the exchange within 180 days. There are three rules that can be applied to define identification.

Trade up in real estate value with one or more replacement properties. Reinvest all of your 1031 exchange proceeds from the relinquished property into the replacement property.

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.

With your return open in TurboTax, search for like kind (2 words, no dash) and then click the "Jump to" link at the top of your search results. This will take you to Any Other Property Sales? Check the second-to-last box from the bottom for like-kind and section 1031 exchanges and click Continue.

As the name implies, a 1031 Exchange contemplates an exchange of like-kind property instead of a traditional sale.If the transaction qualifies, any realized gain is deferred until the replacement property is sold at a later date.

First, enter the data for the 1031 Exchange. This is done under FEDERAL TAXES... Wages & Income... Now, enter the data for the new rental property. This is done under FEDERAL TAXES... Now, enter the data for the old rental property. This is done under FEDERAL TAXES...

To enforce it, California has a special reporting requirement on taxpayers who do Section 1031 exchanges and acquire out-of-state replacement property. California requires you to file an annual information return (Form 3840) every year until the deferred gain from the Section 1031 exchange is ultimately recognized.

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California Tax Free Exchange Package