received in a multi-asset exchange. For
exclusion to the result. Enter that sum on
Line 5. Enter on line 5 the date of the
details, see Regulations section
line 25.
written identification of the like-kind
1.1031(j)-1.
property you received in a deferred
Property used partly as home. If the
exchange. To comply with the 45-day
Reporting of multi-asset exchanges.
property given up was used partly as a
written identification requirement, the
If you transferred and received (a) more
home, and partly for business or
following conditions must be met.
than one group of like-kind properties or
investment, you will need to use two
(b) cash or other (not like-kind) property,
separate Forms 8824 as worksheets. Use
1. The like-kind property you receive
don't complete lines 12 through 18 of
one worksheet for the part of the property
in a deferred exchange is designated in
Form 8824. Instead, attach your own
used as a home, and the other worksheet
writing as replacement property either in a
statement showing how you figured the
for the part used for business or
document you signed or in a written
realized and recognized gain, and enter
investment. Fill out only lines 15 through
agreement signed by all parties to the
the correct amount on lines 19 through 25.
25 of each worksheet Form 8824. On the
exchange.
Report any recognized gains on your
worksheet Form 8824 for the part of the
2. The document or agreement
Schedule D; Form 4797, Sales of
property used as a home, follow steps (1)
describes the replacement property in a
Business Property; or Form 6252,
through (3) above, except that instead of
clear and recognizable manner. Real
Installment Sale Income, whichever
following step (2), enter the amount from
property should be described using a legal
applies.
line 19 on line 20. On the worksheet Form
description, street address, or
8824 for the part of the property used for
distinguishable name (for example,
Exchanges using a qualified exchange
business or investment, follow steps (1)
“Mayfair Apartment Building”).
accommodation arrangement (QEAA).
through (3) above only if you can exclude
If property is transferred to an exchange
3. No later than 45 days after the date
at least part of any gain from the exchange
accommodation titleholder (EAT) and held
you transferred the property you gave up:
of that part of the property; otherwise,
in a QEAA, the EAT may be treated as the
a. You send, fax, or hand deliver the
complete the form according to its
beneficial owner of the property, the
document you signed to the person
instructions. Enter the combined amounts
property transferred from the EAT to you
required to transfer the replacement
from lines 15 through 25 of both
may be treated as property you received
property to you (including a disqualified
worksheet Forms 8824 on the Form 8824
in an exchange, and the property you
person) or to another person involved in
you file. Don't file either worksheet with
transferred to the EAT may be treated as
the exchange (other than a disqualified
Form 8824.
property you gave up in an exchange. This
person), or
may be true even if the property you are to
More information. For details, see
b. All parties to the exchange sign the
receive is transferred to the EAT before
Rev. Proc. 2005-14, 2005-7 I.R.B. 528,
written agreement designating the
you transfer the property you are giving
available at
replacement property.
up. However, the property transferred to
ar10.html.
you can't be treated as property received
Generally, a disqualified person is
Exchange of stock in a mutual ditch,
in an exchange if you previously owned it
either your agent at the time of the
reservoir, or irrigation company. The
within 180 days of its transfer to the EAT.
transaction or a person related to you. For
exchange of stock in a mutual ditch,
For details, see Rev. Proc. 2000-37 as
more details, see Regulations section
reservoir, or irrigation company may
modified by Rev. Proc. 2004-51. Rev.
1.1031(k)-1(k).
qualify for the nonrecognition of gain or
Proc. 2000-37 is on page 308 of Internal
loss under section 1031.
Revenue Bulletin 2000-40 at
Note. If you received the replacement
The nonrecognition of gain or loss on
pub/irs-irbs/irb00-40.pdf. Rev. Proc.
property before the end of the 45-day
the exchange may apply if, at the time of
2004-51, 2004-33 I.R.B. 294, is available
period, you automatically are treated as
the exchange:
at
irb/2004-33_IRB/
having met the 45-day written
ar13.html.
1. The company is a section 501(c)
identification requirement. In this case,
enter on line 5 the date you received the
(12)(A) organization (determined without
Property used as home. If the property
replacement property.
regard to the percentage of income
given up was owned and used as your
collected from members for the purpose of
home for at least a total of two years
Line 6. Enter on line 6 the date you
meeting losses and expenses), and
during the 5-year period ending on the
received the like-kind property from the
2. The shares of stock in the company
date of the exchange, you may be able to
other party.
exclude part or all of any gain figured on
have been recognized by the highest court
The property must be received by the
Form 8824. For details on the exclusion of
in the state in which the company was
earlier of the following dates.
gain (including how to figure the amount of
organized or by an applicable statute of
The 180th day after the date you
that state as constituting or representing
the exclusion), see Pub. 523, Selling Your
transferred the property given up in the
Home. Fill out Form 8824 according to its
real property or an interest in real property.
exchange.
instructions, with these exceptions:
The due date (including extensions) of
Additional information. For more
1. Subtract line 18 from line 17. Enter
your tax return for the year in which you
information on like-kind exchanges, see
that result on line 19. On the dotted line
transferred the property given up.
section 1031 and its regulations and Pub.
next to line 19, enter “Section 121
544.
Line 7. Special rules apply to like-kind
exclusion” and the amount of the
exchanges made with related parties,
exclusion.
Specific Instructions
either directly or indirectly. A related party
2. On line 20, enter the smaller of:
includes your spouse, child, grandchild,
a. Line 15 minus the exclusion, or
parent, grandparent, brother, sister, or a
Lines 1 and 2. For real property, enter
related corporation, S corporation,
the address and type of property. For
b. Line 19.
partnership, trust, estate, or tax-exempt
personal property, enter a short
Don't enter less than zero.
organization. See section 1031(f).
description. For property located outside
3. Subtract line 15 from the sum of
the United States, include the country.
An exchange made indirectly with a
lines 18 and 23. Add the amount of your
related party includes:
2017 Instructions for Form 8824
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