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After completing the exchange, taxpayers can then file their Federal return and report their 1031 exchange transaction on IRS Form 8824. Once a tax return is filed, it typically cannot be amended to include the exchange or for an extension of time to complete the exchange.
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.
Generally, if you make a like-kind exchange, you are not required to recognize a gain or loss under Internal Revenue Code Section 1031. If, as part of the exchange, you also receive other (not like-kind) property or money, you must recognize a gain to the extent of the other property and money received.
An improvement exchanges allows you to use some of the 1031 exchange proceeds to make improvements to the replacement property. This type of exchange is usually structured when the purchase price of the replacement property is less than the net selling price of the relinquished property.
Individuals, C corporations, S corporations, partnerships (general or limited), limited liability companies, trusts and any other taxpaying entity may set up an exchange of business or investment properties for business or investment properties under Section 1031.
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A 1031 exchange allows real estate investors to sell one property and roll those proceeds into a like-kind replacement asset. By doing this, investors can defer tax liabilities indefinitely so long as they keep reinvesting capital back into real property.
A 1031 exchange is a tax break. You can sell a property held for business or investment purposes and swap it for a new one that you purchase for the same purpose, allowing you to defer capital gains tax on the sale.
Under IRC 1031, the following properties do not qualify for tax-deferred exchange treatment: Stock in trade or other property held primarily for sale (i.e. property held by a developer, flipper or other dealer) Securities or other evidences of indebtedness or interest. Stocks, bonds, or notes.
Another reason someone would not want to do a 1031 exchange is if they have a loss, since there will be no capital gains to pay taxes on. Or if someone is in the 10% or 12% ordinary income tax bracket, they would not need to do a 1031 exchange because, in that case, they will be taxed at 0% on capital gains.
If you cannot complete your 1031 exchange, then your qualified intermediary may be able to transfer the funds from your property sale to the deferred sales trust. By transferring to the trust, you can avoid constructive receipt and defer your capital gains tax.

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