Instructions for Form 8824 (2023)

Like-Kind Exchanges (and section 1043 conflict-of-interest sales)

Section references are to the Internal Revenue Code unless otherwise noted.

2023

General Instructions

Future developments.

For the latest information about developments related to Form 8824 and its instructions, such as legislation enacted after they were published, go to IRS.gov/Form8824.

What’s New

New Line 12a .

New line 12a on 2023 Form 8824 requires you to report a description of other (non-like-kind) property given up. See Line 12a, later.

New Line 15a .

New line 15a on 2023 Form 8824 requires you to report a description of other (non-like-kind) property received. See Line 15a, later.

New Lines 25a, 25b, and 25c .

New lines 25a through 25c on 2023 Form 8824 require you to report the basis allocable to sections 1250 and 1245, and intangible property treated as real property, if applicable. See Lines 25, 25a, 25b, and 25c, later.

Separate instructions for electronic filers.

For e-filers, new lines 12a, 15a, and 25a through 25c are not available, and all information applicable to those lines must be reported on a separate sheet attached to their Form 8824.

Reminders

Exchanges limited to real property.

For 2018 and later years, section 1031 like-kind exchange treatment applies only to exchanges of real property held for use in a trade or business or for investment, other than real property held primarily for sale. Regulations sections 1.1031(a)-1, 1.1031(a)-3, and 1.1031(k)-1 provide a definition of real property under section 1031, address a taxpayer's receipt of personal property incidental to the like-kind real property received, and apply to like-kind exchanges after December 2, 2020. See Definition of Real Property, later, for more details.

Special rules for capital gains invested in qualified opportunity funds (QOFs).

Effective December 22, 2017, section 1400Z-2 provides a temporary deferral of inclusion in gross income for capital gains invested in QOFs, and permanent exclusion of capital gains from the sale or exchange of an investment in the QOF if the investment is held for at least 10 years. See the Form 8949 instructions on how to report your election to defer eligible gains invested in a QOF.

For additional information (including details on investments in QOFs held for at least 10 years), see Opportunity Zones Frequently Asked Questions, at IRS.gov.

Qualified opportunity investment.

If you are an eligible taxpayer who held a qualified investment in a QOF at any time during the year, you must file your tax return with Form 8997, Initial and Annual Statement of Qualified Opportunity Fund (QOF) Investments, attached. See the Form 8997 instructions.

Purpose of Form

Use Parts I, II, and III of Form 8824 to report each exchange of business or investment real property for real property of a like kind. Form 8824 figures the amount of gain deferred as a result of a like-kind exchange. Use Part III to figure the amount of gain required to be reported on the tax return in the current year if cash or property that isn't of a like kind is involved in the exchange. Also, use Part III to figure the basis of the like-kind property received.

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. Judicial officers of the federal government are the following.

  1. Chief Justice of the United States.

  2. Associate Justices of the Supreme Court.

  3. Judges of the:

    1. United States courts of appeals;

    2. United States district courts, including the district courts in Guam, the Northern Mariana Islands, and the Virgin Islands;

    3. Court of Appeals for the Federal Circuit;

    4. Court of International Trade;

    5. Tax Court;

    6. Court of Federal Claims;

    7. Court of Appeals for Veterans Claims;

    8. United States Court of Appeals for the Armed Forces; and

    9. Any court created by an Act of Congress, the judges of which are entitled to hold office during good behavior.

Multiple exchanges.

If you made more than one like-kind exchange, you can file a summary on one Form 8824 and attach your own statement showing all the information requested on Form 8824 for each exchange. Include your name and identifying number at the top of each page of the statement. On the summary Form 8824, enter only your name and identifying number, “Summary” on line 1, the total recognized gain from all exchanges on line 23, and the total basis of all like-kind property received on line 25.

When To File

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. See Line 7, later, for details.

Like-Kind Exchanges (Form 8824: Parts I, II, and III)

Section 1031 regulations.

Regulations sections 1.1031(a)-1, 1.1031(a)-3, and 1.1031(k)-1 implement statutory changes limiting the application of section 1031 to exchanges of real property. These regulations, which apply to like-kind exchanges beginning after December 2, 2020, provide a definition of real property under section 1031, and address a taxpayer's receipt of personal property that is incidental to real property the taxpayer receives in the exchange.

Generally, if you exchange business or investment real property solely for business or investment real property of a like kind, section 1031 provides that no gain or loss is recognized. If, as part of the exchange, you also receive other (non-like-kind) property or money, gain is recognized to the extent of the other property and money received, but a loss isn't recognized.

Section 1031 doesn’t apply to exchanges of real property held primarily for sale. See section 1031(a)(2). In addition, section 1031 doesn't apply to certain exchanges involving tax-exempt use property subject to a lease. See section 470(e)(4).

Like-kind property.

Properties are of like kind if they are of the same nature or character, even if they differ in grade or quality.

Generally, real properties are like-kind properties, regardless of whether they are improved or unimproved properties.

Property classified as real property under one of the definitions in the final regulations discussed above may be like-kind to other real property defined under another definition in the regulations.

However, real property in the United States and real property outside the United States aren't like-kind properties. See Pub. 544, Sales and Other Dispositions of Assets, for more details.

Definition of Real Property

Regulations section 1.1031(a)-3 defines real property as land and improvements to land, unsevered natural products of the land, and water and air space superjacent to land. It is further described as tangible and intangible real property, as discussed later.

Tangible property.

Tangible property is real property for purposes of section 1031 if it meets any of the following.

  • On the date it is transferred in an exchange, the property is classified as real property under the law of the state or local jurisdiction in which the property is located. See Regulations section 1.1031(a)-3(a)(6) and Intangible property next.

  • The property is specifically listed as real property in Regulations section 1.1031(a)-3. See Stock that is real property, later.

  • The property is considered real property based on all the facts and circumstances under the various factors provided in Regulations section 1.1031(a)-3(a)(2). See Property affixed to or integrated into real property, later.

Each distinct asset is separately analyzed from any other distinct asset to which it relates for purposes of determining whether the asset is real property under section 1031. See Regulations section 1.1031(a)-3(a)(4).

Intangible property.

Intangible property is real property for purposes of section 1031 if it meets any of the following, subject to the exceptions provided in Intangible property that is never real property under section 1031 next.

  • On the date it is transferred in an exchange, the property is classified as real property under the law of the state or local jurisdiction in which the property is located.

  • It is specifically listed in Regulations section 1.1031(a)-3 as real property.

  • It derives its value from real property or an interest in real property and is inseparable from that real property or interest in real property (for example, an easement or an option to acquire real property). See Regulations section 1.1031(a)-3(a)(5).

Intangible property that is never real property under section 1031.

The following assets are exceptions and not real property for purposes of section 1031, regardless of the classification of the property under state or local law.

  • Stock (other than the type of stock described in Stock that is real property next), bonds, or notes.

  • Other securities or evidences of indebtedness or interest.

  • Interests in a partnership (other than an interest in a partnership that has in effect a valid election under section 761(a) to be excluded from the application of all of subchapter K).

  • Certificates of trust or beneficial interests.

  • Choses in action.

Stock that is real property.

The following stock is listed in Regulations section 1.1031(a)-3 as real property for section 1031 purposes.

  • Stock in a cooperative housing corporation.

  • Shares in a mutual ditch, reservoir, or irrigation company described in section 501(c)(12)(A) if, at the time of the exchange, such shares have been recognized by the highest court of the state in which the company was organized, or by a state statute, as constituting or representing real property or an interest in real property.

Property affixed to or integrated into real property.

If tangible property is permanently affixed to real property and will ordinarily remain affixed for an indefinite period of time, the property is generally an inherently permanent structure and real property for section 1031 purposes, regardless of the use or purpose of the property or whether it contributes to the production of income. In addition, a structural component is real property for section 1031 purposes if it is a constituent part of, and integrated into, an inherently permanent structure, regardless of whether the structural component contributes to the production of income. For example, items of machinery or equipment are real property for like-kind exchange purposes if they comprise an inherently permanent structure, a structural component of an inherently permanent structure, or are classified as real property under state or local law.

Deferred Exchanges

A deferred exchange occurs when, based on an agreement, the property received in the exchange is received after the transfer of the property given up. For a deferred exchange to qualify as like kind, you must comply with the timing requirements for identification and receipt of replacement property. The replacement property for the exchange must be identified within 45 days after the property being given up is transferred. The replacement property must be received within 180 days, or by the due date of the tax return (including extensions), whichever is earlier. See the instructions for Line 5 and Line 6, later, for more details.

If you make a deferred exchange using a qualified intermediary (QI), the transfer of the property given up and receipt of like-kind property is treated as a like-kind exchange. If you fail to meet the timing requirements because of the QI, your transaction won't qualify as a deferred exchange and any gain may be taxable in the year you transferred the property. However, if the QI defaults on its obligation to acquire and transfer replacement property because of bankruptcy or receivership proceedings and you meet certain requirements, you may be able to report the gain in the year or years payments are received. For the requirements, see Rev. Proc. 2010-14, 2010-12 I.R.B. 456, available at IRS.gov/irb/2010-12_IRB#RP-2010-14. Related parties and agents of the taxpayer aren’t eligible to be QIs, and are referred to as “disqualified persons.” For more information on QIs and disqualified persons, see Pub. 544, chapter 1.

This is an Image: taxtip.gifThe QI exchange constitutes one safe harbor. For more details on QI exchanges and for a discussion of other safe harbors, see Pub. 544.

Incidental personal property.

For deferred like-kind exchanges involving a QI, personal property that is incidental to replacement real property (incidental personal property) is disregarded in determining whether a taxpayer's rights to receive, pledge, borrow, or otherwise obtain the benefits of money or non-like-kind property held by the QI are expressly limited, as provided in Regulations section 1.1031(k)-1(g)(6) and (7).

Personal property is incidental to real property acquired in an exchange if:

  • In standard commercial transactions, the personal property is typically transferred together with the real property; and

  • The aggregate fair market value (FMV) of the incidental personal property transferred with the real property doesn’t exceed 15% of the aggregate FMV of the replacement real property or properties received in the exchange (15% limitation). See Regulations section 1.1031(k)-1(g)(7).

Exchange with a related party.

Special rules limit nonrecognition for an exchange with a related party. See Line 7, later.

Multi-Asset Exchanges

A multi-asset exchange involves the transfer and receipt of more than one group of like-kind properties. The transfer or receipt of multiple properties within one like-kind group is also a multi-asset exchange. However, an exchange of a single piece of land, a vehicle, and cash for a single piece of land and a vehicle isn’t a multi-asset exchange because, of the assets transferred, section 1031 may apply only to the exchange of the land for other land. Special rules apply when figuring the amount of gain recognized and your basis in properties received in a multi-asset exchange. For details, see Regulations section 1.1031(j)-1.

Reporting of multi-asset exchanges.

If you transferred and received (a) more than one group of like-kind properties, or (b) cash or other (non-like-kind) property, don't complete lines 12 through 18 of Form 8824. Instead, attach your own statement showing how you figured the realized and recognized gain, and enter the correct amount on lines 19 through 25. Report any recognized gains on your Schedule D (Form 1040); Form 4797, Sales of Business Property; or Form 6252, Installment Sale Income, whichever applies.

Exchanges Using a Qualified Exchange Accommodation Arrangement (QEAA)

If property is transferred to an exchange accommodation titleholder (EAT) and held in a QEAA, the EAT may be treated as the beneficial owner of the property, the property transferred from the EAT to you may be treated as property you received in an exchange, and the property you transferred to the EAT may be treated as property you gave up in an exchange. This may be true even if the property you are to receive is transferred to the EAT before you transfer the property you are giving up. However, the property transferred to you can't be treated as property received in an exchange if you previously owned it within 180 days of its transfer to the EAT. For details, see Rev. Proc. 2000-37, as modified by Rev. Proc. 2004-51. Rev. Proc. 2000-37 is on page 308 of Internal Revenue Bulletin 2000-40 at IRS.gov/pub/irs-irbs/irb00-40.pdf. Rev. Proc. 2004-51, 2004-33 I.R.B. 294, is available at IRS.gov/irb/2004-33_IRB#RP-2004-51.

Property Used as Home

If the property given up was owned and used as your main home for at least a total of 2 years during the 5-year period ending on the date of the exchange, you may be able to exclude part or all of any gain figured on Form 8824.

For details on the exclusion of gain (including how to figure the amount of the exclusion), see Pub. 523, Selling Your Home. Fill out Form 8824 according to its instructions, with the following exceptions.

  1. Subtract line 18 from line 17. Enter that result on line 19. On the dotted line next to line 19, enter “Section 121 exclusion” and the amount of the exclusion.

  2. On line 20, enter the smaller of:

    1. Line 15 minus the exclusion, or

    2. Line 19.

      Don't enter less than zero.

  3. Subtract line 15 from the sum of lines 18 and 23. Add the amount of your exclusion to the result. Enter that sum on line 25.

Report, on line 15a, a description of the other (non-like-kind) property received. If applicable, total FMV reported on line 25 is further allocated on lines 25a, 25b, and 25c, based on section 1250, section 1245, or intangible real property received in the exchange, respectively. E-filers must attach a separate sheet reporting the required information for lines 15a, 25a, 25b, and 25c.

Property used partly as home.

If the property given up was used partly as a home, and partly for business or investment, you will need to use two separate Forms 8824 as worksheets. Use one worksheet for the part of the property used as a home, and the other worksheet for the part used for business or investment. Fill out only lines 15 through 25 of each worksheet Form 8824. On the worksheet Form 8824 for the part of the property used as a home, follow steps 1 through 3 above, except that instead of following step 2, enter the amount from line 19 on line 20. On the worksheet Form 8824 for the part of the property used for business or investment, follow steps 1 through 3 above only if you can exclude at least part of any gain from the exchange of that part of the property; otherwise, complete the form according to its instructions. Enter the combined amounts from lines 15 through 25 of both worksheet Forms 8824 on the Form 8824 you file. Don't file either worksheet with Form 8824.

More information.

For details, see Rev. Proc. 2005-14, 2005-7 I.R.B. 528, available at IRS.gov/irb/2005-07_IRB#RP-2005-14.

Additional Information

For more information on like-kind exchanges, see section 1031, its regulations, and Pub. 544.

Specific Instructions

Lines 1 and 2.

Generally, only real property should be described on lines 1 and 2, including intangible property that is treated as real property for like-kind exchange purposes. Enter the address and type of property. For property that is treated as real property for like-kind exchange purposes, but doesn’t have an address, enter a short description. If the property described on line 1 or line 2 is real property located outside the United States, indicate the country.

Line 5.

Enter on line 5 the date of the written identification of the like-kind property you received in a deferred exchange. To comply with the 45-day written identification requirement, the following conditions must be met.

  1. The like-kind property you receive in a deferred exchange is designated in writing as replacement property either in a document you signed or in a written agreement signed by all parties to the exchange.

  2. The document or agreement describes the replacement property in a clear and recognizable manner. Real property should be described using a legal description, street address, or distinguishable name (for example, “Mayfair Apartment Building”).

  3. No later than 45 days after the date you transferred the property you gave up:

    1. You fax, hand deliver, mail, or otherwise send the document you signed to the person required to transfer the replacement property to you (including a disqualified person) or to another person involved in the exchange (other than a disqualified person); or

    2. All parties to the exchange sign the written agreement designating the replacement property.

Generally, a disqualified person is either your agent at the time of the transaction or a person related to you. For more details, see Regulations section 1.1031(k)-1(k). For more information on related persons, see Line 7, later. Also, see details on disqualified persons in Pub. 544.

Note.

If you received the replacement property before the end of the 45-day period, you are automatically treated as having met the 45-day written identification requirement. In this case, enter on line 5 the date you received the replacement property.

Line 6.

Enter on line 6 the date you received the like-kind property from the other party.

The property must be received by the earlier of the following dates.

  • The 180th day after the date you transferred the property given up in the exchange.

  • The due date (including extensions) of your tax return for the year in which you transferred the property given up.

Line 7.

Special rules apply to like-kind exchanges made with related parties, either directly or indirectly. A related party includes your spouse, child, grandchild, parent, grandparent, brother, sister, or a related corporation, S corporation, partnership, trust, estate, or tax-exempt organization. See section 1031(f).

An exchange made indirectly with a related party includes:

  • An exchange made with a related party through an intermediary (such as a QI or an EAT, as defined in Pub. 544); or

  • An exchange made by a disregarded entity (such as a single-member limited liability company) if you or a related party owned that entity.

An exchange structured to avoid the related party rules isn't a like-kind exchange. Don't report it on Form 8824. Instead, you should report the disposition of the property given up as if the exchange had been a sale. See section 1031(f)(4). Such an exchange includes the transfer of property you gave up to a QI in exchange for property you received that was formerly owned by a related party if the related party received cash or other (non-like-kind) property for the property you received, and you used the QI intermediary to avoid the application of the related party rules. See Rev. Rul. 2002-83 for more details. You can find Rev. Rul. 2002-83 on page 927 of Internal Revenue Bulletin 2002-49 at IRS.gov/pub/irs-irbs/irb02-49.pdf.

This is an Image: caution.gifIf, after the exchange, you own replacement property that a related party sold into the exchange for cash, or other (non-like-kind) property, through an unrelated party such as a QI, don't report the transaction on Form 8824 unless one of the exceptions on line 11 applies. Instead, report the disposition of the property given up as if the exchange had been a sale.

If you met one of the exceptions on line 11, and you or the related party (either directly or indirectly) dispose of property received in an exchange before the date that is 2 years after the last transfer that was part of the exchange, the deferred gain or (loss) from line 24 must be reported on your tax return for the year of disposition (unless an exception on Form 8824, line 11, applies).

This is an Image: caution.gifThe running of the 2-year holding period will be tolled for any period during which your risk of loss is substantially reduced. See Two-year holding period in Pub. 544.

If you are filing this form for 1 of the 2 years following the year of the exchange, complete Parts I and II. If both lines 9 and 10 are “No,” stop. You don't have to complete Part III.

If either line 9 or line 10 is “Yes,” and an exception on line 11 applies, check the applicable box on line 11, attach any required explanation, and stop. If none of the exceptions on line 11 apply, complete Part III. Report the deferred gain or (loss) from line 24 on this year's tax return as if the exchange had been a sale.

Lines 11a through 11c.

The line 11 exceptions are in Form 8824 on lines 11a through 11c. These are the exceptions.

  • Line 11a. The disposition was after the death of either party.

  • Line 11b. The disposition was an involuntary conversion and the threat of conversion occurred after the exchange.

  • Line 11c. You can establish to the satisfaction of the IRS that neither the disposition nor the exchange had tax avoidance as one of its principal purposes.

Line 11c.

If you believe that you can establish to the satisfaction of the IRS that tax avoidance wasn’t a principal purpose of both the exchange and the disposition, attach an explanation. Generally, tax avoidance won't be seen as a principal purpose in the case of:

  • A disposition of property in a nonrecognition transaction,

  • An exchange in which the related parties derive no tax advantage from the shifting of basis between the exchanged properties, or

  • An exchange of undivided interests in different properties that results in each related party holding either the entire interest in a single property or a larger undivided interest in any of the properties.

Lines 12, 12a, 13, and 14.

Lines 12 and 12a should be completed if other property that doesn't qualify as like-kind property was part of the exchange, in addition to the like-kind property. On line 12, enter the FMV of the other (non-like-kind) property that was given up.

Line 12a.

On line 12a, enter a description of the other (non-like-kind) property given up.

This is an Image: caution.gifE-filers don’t have line 12a, 15a, or 25a through 25c on their Form 8824. E-filers must attach a separate sheet to their Form 8824 on which they will report information for those lines. They should write at the top of the sheet, their name and identifying number as they appear on the Form 8824.

Line 13.

On line 13, enter the adjusted basis of the other property given up.

Line 14.

The gain or (loss) from the other property given up is figured on line 14 and must be reported on your tax return. Report gain or (loss) as if the exchange were a sale.

Lines 15 and 15a.

Include on line 15 the sum of:

  • Any cash paid to you by the other party;

  • The FMV of other (non-like-kind) property you received, if any; and

  • Net liabilities assumed by the other party—the excess, if any, of liabilities (including mortgages) assumed by the other party over the total of (a) any liabilities you assumed, (b) cash you paid to the other party, and (c) the FMV of the other (non-like-kind) property you gave up.

Line 15a.

On line 15a, enter a description of the other (non-like-kind) property received.

This is an Image: caution.gifE-filers don’t have line 12a, 15a, or 25a through 25c on their Form 8824. E-filers must attach a separate sheet to their Form 8824 on which they will report information for those lines. They should write at the top of the sheet, their name and identifying number as they appear on the Form 8824.

Reduce the sum of the above amounts (but not below zero) by any exchange expenses you incurred.

The following rules apply in determining the amount of liability treated as assumed.

  • A recourse liability (or portion thereof) is treated as assumed by the party receiving the property if that party has agreed to and is expected to satisfy the liability (or portion thereof). It doesn't matter whether the party transferring the property has been relieved of the liability.

  • A nonrecourse liability is generally treated as assumed by the party receiving the property subject to the liability. However, if an owner of other assets subject to the same liability agrees with the party receiving the property to, and is expected to, satisfy part or all of the liability, the amount treated as assumed is reduced by the smaller of (a) the amount of the liability that the owner of the other assets has agreed to and is expected to satisfy, or (b) the FMV of those other assets.

Line 18.

Include on line 18 the sum of:

  • The adjusted basis of the like-kind real property you gave up;

  • Exchange expenses, if any (except for expenses used to reduce the amount reported on line 15); and

  • The net amount paid to the other party—the excess, if any, of the total of (a) any liabilities you assumed, (b) cash you paid to the other party, and (c) the FMV of the other (non-like-kind) property you gave up over any liabilities assumed by the other party.

Figuring amounts for lines 15 through 20.

See Regulations section 1.1031(d)-2 and the following example for figuring amounts to enter on lines 15 through 20.

Example.

Taylor owns an apartment house with an FMV of $220,000, with an adjusted basis of $100,000, and that is subject to a mortgage of $80,000. Finley owns an apartment house with an FMV of $250,000, with an adjusted basis of $175,000, and that is subject to a mortgage of $150,000.

Taylor transfers Taylor’s apartment house to Finley and receives in exchange Finley's apartment house plus $40,000 cash. Taylor assumes the mortgage on the apartment house received from Finley, and Finley assumes the mortgage on the apartment house received from Taylor.

Taylor files the Form 8824 on paper. Taylor enters on line 15 of the Form 8824 only the $40,000 cash received from Finley, and, on line 15a, enters the description of the other (non-like-kind) property received. The $80,000 of liabilities assumed by Finley isn't included because it doesn't exceed the $150,000 of liabilities Taylor assumed. Taylor enters $250,000 on line 16, the FMV of the apartment house received from Finley. Taylor enters $290,000 on line 17, the sum of lines 15 and 16. Taylor enters $170,000 on line 18—the $100,000 adjusted basis, plus the $70,000 excess of the liabilities Taylor assumed over the liabilities assumed by Finley ($150,000 - $80,000). Taylor subtracts line 18 from line 17 and enters the $120,000 gain realized on the exchange on line 19. Taylor enters $40,000 on line 20, the lesser of line 15 or line 19.

Finley files Finley’s Form 8824 on paper. Finley enters $30,000 on Finley’s Form 8824, line 15—the excess of the $150,000 of liabilities assumed by Taylor, over the sum of the $80,000 of liabilities assumed from Taylor and the $40,000 cash Finley paid Taylor ($120,000). On line 15a, Finley writes “liabilities and cash.” Finley enters $220,000 on line 16, the FMV of the apartment house received from Taylor. Finley enters $250,000 on line 17, the sum of lines 15 and 16. Finley enters on line 18 only the adjusted basis of $175,000, because the total of the $80,000 of liabilities Finley assumed from Taylor and the $40,000 cash Finley paid Taylor doesn't exceed the $150,000 of liabilities assumed by Taylor. Finley subtracts line 18 from line 17 and enters the $75,000 in gain realized on line 19. Finley enters $30,000 on line 20, the lesser of line 15 or line 19.

Line 21.

If you disposed of section 1245, 1250, 1252, 1254, or 1255 property (see the instructions for Part III of Form 4797), you may be required to recapture as ordinary income part or all of the realized gain (line 19). Figure the amount to enter on line 21 as follows.

Section 1245 real property.

Enter the smaller of:

  1. The total adjustments for deductions (whether for the same or other property) allowed or allowable to you or any other person for depreciation or amortization (up to the amount of gain shown on line 19); or

  2. The gain shown on line 20, if any, plus the FMV of non-section 1245 like-kind property received.

Section 1250 property.

Enter the smaller of:

  1. The gain you would have had to report as ordinary income because of additional depreciation if you had sold the property (see the Form 4797 instructions for line 26); or

  2. The larger of:

    1. The gain shown on line 20, if any; or

    2. The excess, if any, of the gain in item 1 above over the FMV of the section 1250 property received.

Section 1252, 1254, and 1255 property.

The rules for these types of property are similar to those for section 1245 property. See Regulations sections 1.1252-2(d) and 1.1254-2(d) and Temporary Regulations section 16A.1255-2(c) for details. If the installment method applies to this exchange:

  1. See section 453(f)(6) to determine the installment sale income taxable for this year and report it on Form 6252;

  2. Enter on Form 6252, line 25 or 36, the section 1252, 1254, or 1255 recapture amount you figured on Form 8824, line 21—don't enter more than the amount shown on Form 6252, line 24 or 35;

  3. Also enter this amount on Form 4797, line 15; and

  4. If all the ordinary income isn't recaptured this year, report in future years on Form 6252 the ordinary income up to the taxable installment sale income, until it is all reported.

Line 22.

Report a gain from the exchange of property used in a trade or business (and other noncapital assets) on Form 4797, line 5 or line 16. Report a gain from the exchange of capital assets according to the Schedule D instructions for your tax return. Be sure to use the date of the exchange as the date for reporting the gain. If the installment method applies to this exchange, see section 453(f)(6) to determine the installment sale income taxable for this year and report it on Form 6252.

Line 24.

If line 19 is a loss, enter it on line 24. Otherwise, subtract the amount on line 23 from the amount on line 19 and enter the result. For exchanges with related parties, see Line 7, earlier.

Figuring amounts for lines 21 through 24.

See the following example for figuring the amounts to enter on lines 21 through 24.

Example.

In addition to the facts in the example for lines 15 through 20, assume that Taylor previously allocated a portion of the basis in Taylor’s apartment house for depreciation purposes under section 168 to assets that are section 1245 property. Applying section 1.1031(a)-3 of the regulations, Taylor determines that the section 1245 assets are real property for section 1031 like-kind exchange treatment. Additionally, Taylor determines that the total depreciation allowed or allowable on the section 1245 property is $35,000. Taylor determines ordinary income under the section 1245 depreciation recapture rules by comparing the $35,000 total depreciation allowed or allowable on the section 1245 property, to the $40,000 gain, plus an allocable portion of the FMV of the section 1250 property received and enters $35,000 (the smaller amount) on line 21. Taylor subtracts line 21 from line 20 and enters $5,000 on line 22. Taylor enters the sum of lines 21 and 22, $40,000, on line 23. Taylor subtracts line 23 from line 19 and enters the deferred gain on the exchange, $80,000, on line 24.

Assume that Finley didn’t previously allocate the basis in Finley’s apartment house for depreciation purposes under section 168, so the apartment house doesn’t contain any like-kind section 1245 property for section 1031 purposes. Finley enters $0 on line 21 as there is no ordinary income from depreciation recapture. Finley subtracts line 21 from line 20 and enters $30,000 on line 22. Finley enters the sum of line 21 and line 22, $30,000, on line 23. Finley subtracts line 23 from line 19 and enters the deferred gain on the exchange, $45,000, on line 24.

Lines 25, 25a, 25b, and 25c.

The amount on line 25 is your basis in the like-kind property you received in the exchange. Your basis in other property (non-like-kind) received in the exchange, if any, is its FMV.

Lines 25a, 25b, and 25c.

If you received section 1250 property, section 1245 property, and/or intangible property that is like-kind property in the exchange, you must complete line 25a, 25b, and/or 25c, whichever are applicable.

  • On line 25a, enter the amount from line 25 that is allocated to the like-kind section 1250 property received in the exchange.

  • On line 25b, enter the amount from line 25 that is allocated to the like-kind section 1245 property received in the exchange.

  • On line 25c, enter the amount from line 25 that is allocated to the like-kind intangible property received in the exchange.

Amounts entered on lines 25a, 25b, and 25c must be proportionate to their FMVs.

This is an Image: caution.gifE-filers don't have line 12a, 15a, or 25a through 25c on their Form 8824. E-filers must attach a separate sheet to their Form 8824 on which they will report information for those lines. They should write at the top of the sheet, their name and identifying number as they appear on the Form 8824.

Example.

Referring to the facts in the examples for lines 15 through 24, Taylor determines the apartment house received from Finley contains only like-kind section 1250 property and no section 1245 property and no intangible property treated as section 1031 like-kind property. Taylor subtracts line 15 from the sum of lines 18 and 23 and enters $170,000 on line 25. Taylor allocates the entire $170,000 to the basis of the like-kind section 1250 property received in the exchange. This time, Taylor e-files Form 8824. Taylor will attach a separate sheet to the Form 8824 reporting the $170,000 for line 25a.

Like Taylor, this time Finley e-files Finley’s Form 8824. Finley determines that the apartment house received from Taylor with an FMV of $220,000 contains like-kind section 1245 property with an FMV of $55,000, and like-kind section 1250 property with an FMV of $165,000. Finley enters $175,000 on line 25, the sum of lines 18 and 23 less line 15. Finley allocates $131,250 ($165,000/$220,000 × $175,000) of line 25 to the basis of the like-kind section 1250 property received in the exchange. Finley allocates $43,750 ($55,000/$220,000 × $175,000) to the basis of the like-kind section 1245 property received in the exchange. Because Finley is filing electronically, Finley attaches to Finley’s Form 8824 a separate sheet on which Finley reports $131,250 as the amount for line 25a and $43,750 as the amount for line 25b.

Section 1043 Conflict-of-Interest Sales (Part IV)

If you, as an eligible person, sell property at a gain according to a certificate of divestiture issued by the Office of Government Ethics (OGE) or the Judicial Conference of the United States (or its designee) and purchase replacement property (permitted property), you can elect to defer part or all of the realized gain. You must recognize gain on the sale only to the extent that the amount realized on the sale is more than the cost of replacement property purchased during the 60-day period beginning on the date of such sale. (You must also recognize any ordinary income recapture.) Permitted property is any obligation of the United States or any diversified investment fund approved by the OGE. “Eligible persons” includes an officer or employee of the executive branch, or a judicial officer of the federal government, but not a special government employee defined in 18 U.S.C. section 202. “Eligible persons” also includes any spouse, minor, or dependent child whose ownership of any property is attributable to such an officer or employee.

This is an Image: taxtip.gifIf the property you sold was stock you acquired by exercising a statutory stock option, you may be treated as meeting the holding period requirements that apply to such stock, regardless of how long you actually held the stock. This may benefit you if you don't defer your entire gain, because it may allow you to treat the gain as a capital gain instead of ordinary income. For details, see section 421(d) or Pub. 525, Taxable and Nontaxable Income.

Complete Part IV of Form 8824 only if the cost of the replacement property is more than the basis of the divested property and you elect to defer the gain. Otherwise, report the sale on your Schedule D (Form 1040) or Form 4797, whichever applies.

Your basis in the replacement property is reduced by the amount of the deferred gain. If you made more than one purchase of replacement property, reduce your basis in the replacement property in the order you acquired it.

Line 30.

Enter the amount you received from the sale of the divested property, minus any selling expenses.

Line 35.

Follow these steps to determine the amount to enter.

  1. Use Part III of Form 4797 as a worksheet to figure ordinary income under the recapture rules.

  2. Enter on Form 8824, line 35, the amount from Form 4797, line 31. Don't attach the Form 4797 used as a worksheet to your tax return.

  3. Report the amount from line 35 on Form 4797, line 10, in column (g). In column (a), enter “From Form 8824, line 35.” Don't complete columns (b) through (f).

Line 36.

If you sold a capital asset, enter any capital gain from line 36 on your Schedule D (Form 1040). If you sold property used in a trade or business (or any other asset for which the gain is treated as ordinary income), report the gain on Form 4797, line 2 or line 10, in column (g). In column (a), write “From Form 8824, line 36.” Don't complete columns (b) through (f). If you held a qualified investment in a QOF at any time during the year, you must file your tax return with Form 8997 attached. See the Form 8997 instructions.

Instructions for Form 8824 - Notices

Paperwork Reduction Act Notice.

We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax.

You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103.

The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual taxpayers filing this form is approved under OMB control number 1545-0074 and is included in the estimates shown in the instructions for their individual income tax return. The estimated burden for all other taxpayers who file this form is shown below.

Recordkeeping 11 hr., 43 min.
Learning about
the law or the form		 2 hr., 34 min.
Preparing the form 2 hr., 53 min.

If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed.