About Form 8824, Like-Kind ExchangesInternal RevenueForms and Instructions (PDF)Incorrect Tax Return - Taxpayer Advocate ServiceContactU.S. Department of the Treasury-2025

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What happens if I do not file Form 8824? There are no penalties for failure to file Form 8824 but there are consequences. For starters, you cant defer capital gains tax. This means that the exchange may be treated as a sale transaction subject to capital gains tax.
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. If you do not specifically follow the rules for like-kind exchanges, you may be held liable for taxes, penalties, and interest on your transactions.
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.
Use form FTB 3840 to report like-kind exchanges of California property held for productive use or investment for out of state like-kind property, and to allocate the California source deferred gain to the property received in 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.
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The 1030 form is used to report a taxpayers capital gain or loss for a given tax year. The form requires the taxpayer to enter information such as the date of the sale or exchange, the type of gain or loss, the amount of the gain or loss, and the amount of taxes paid on the gain or loss.
Use Parts I, II, and III of Form 8824 to report each exchange of business or investment property for property of a like kind. Certain members of the executive branch of the Federal Government and judicial officers of the Federal Government use Part IV to elect to defer gain on conflict-of-interest sales.