8824 Like-Kind Exchanges

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Form

8824

Department of the Treasury
Internal Revenue Service

Like-Kind Exchanges

OMB No. 1545-1190

2021

(and section 1043 conflict-of-interest sales)
▶ Attach

▶

to your tax return.
Go to www.irs.gov/Form8824 for instructions and the latest information.

Attachment
Sequence No.

Part I

109

Identifying number

Name(s) shown on tax return

Information on the Like-Kind Exchange

DRAFT AS OF
August 12, 2021
DO NOT FILE

Note: Generally, only real property should be described on lines 1 and 2. However, you may describe personal property transferred
prior to January 1, 2018, as part of an exchange subject to the like-kind exchange transition rule described in the instructions, and/or
real property on lines 1 and 2, if you are filing this form to report the disposition of property exchanged in a previously reported related
party like-kind exchange. If the property described on line 1 or line 2 is real or personal property located outside the United States,
indicate the country.
1

Description of like-kind property given up:

2

Description of like-kind property received:

3

Date like-kind property given up was originally acquired (month, day, year)

4

Date you actually transferred your property to the other party (month, day, year)

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3

MM/DD/YYYY

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4

MM/DD/YYYY

Date like-kind property you received was identified by written notice to another party (month, day,
year). See instructions for 45-day written identification requirement . . . . . . . . . . . .

5

MM/DD/YYYY

6

Date you actually received the like-kind property from other party (month, day, year). See instructions

6

MM/DD/YYYY

7

Was the exchange of the property given up or received made with a related party, either directly or indirectly
(such as through an intermediary)? See instructions. If “Yes,” complete Part II. If “No,” go to Part III . . .

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Yes

No

Note: Do not file this form if a related party sold property into the exchange, directly or indirectly (such as through an intermediary); that
property became your replacement property; and none of the exceptions on line 11 applies to the exchange. Instead, report the disposition
of the property as if the exchange had been a sale. If one of the exceptions on line 11 applies to the exchange, complete Part II.

Part II
8

Related Party Exchange Information

Name of related party

Relationship to you

Related party’s identifying number

Address (no., street, and apt., room, or suite no.; city or town; state; and ZIP code)

9

10

During this tax year (and before the date that is 2 years after the last transfer of property that was part of
the exchange), did the related party sell or dispose of any part of the like-kind property received from you
(or an intermediary) in the exchange?
. . . . . . . . . . . . . . . . . . . . . . .

Yes

No

During this tax year (and before the date that is 2 years after the last transfer of property that was part of
the exchange), did you sell or dispose of any part of the like-kind property you received? . . . . . .

Yes

No

If both lines 9 and 10 are “No” and this is the year of the exchange, go to Part III. If both lines 9 and 10 are “No” and this is not
the year of the exchange, stop here. If either line 9 or line 10 is “Yes,” complete Part III and report on this year’s tax return the
deferred gain or (loss) from line 24 unless one of the exceptions on line 11 applies.

11

If one of the exceptions below applies to the disposition, check the applicable box.
a

The disposition was after the death of either of the related parties.

b

The disposition was an involuntary conversion, and the threat of conversion occurred after the exchange.

c

You can establish to the satisfaction of the IRS that neither the exchange nor the disposition had tax avoidance as one of
its principal purposes. If this box is checked, attach an explanation. See instructions.

For Paperwork Reduction Act Notice, see the instructions.

Cat. No. 12311A

Form 8824 (2021)

Page 2

Form 8824 (2021)

Your social security number

Name(s) shown on tax return. Do not enter name and social security number if shown on other side.

Part III

Realized Gain or (Loss), Recognized Gain, and Basis of Like-Kind Property Received

Caution: If you transferred and received (a) more than one group of like-kind properties, or (b) cash or other (not like-kind) property,
see Reporting of multi-asset exchanges in the instructions.
Note: Complete lines 12 through 14 only if you gave up property that was not like-kind. Otherwise, go to line 15.
12
Fair market value (FMV) of other property given up. See instructions . . .
12
13
Adjusted basis of other property given up . . . . . . . . . . . .
13
14
Gain or (loss) recognized on other property given up. Subtract line 13 from line 12. Report the gain or
14
(loss) in the same manner as if the exchange had been a sale
. . . . . . . . . . . . .
Caution: If the property given up was used previously or partly as a home, see Property used as
home in the instructions.
15
Cash received, FMV of other property received, plus net liabilities assumed by other party, reduced
(but not below zero) by any exchange expenses you incurred. See instructions . . . . . . . .
15
16
FMV of like-kind property you received . . . . . . . . . . . . . . . . . . . . .
16
17
Add lines 15 and 16 . . . . . . . . . . . . . . . . . . . . . . . . . . .
17
18
Adjusted basis of like-kind property you gave up, net amounts paid to other party, plus any exchange
expenses not used on line 15. See instructions . . . . . . . . . . . . . . . . . .
18
19
Realized gain or (loss). Subtract line 18 from line 17 . . . . . . . . . . . . . . . .
19
20
Enter the smaller of line 15 or line 19, but not less than zero . . . . . . . . . . . . . .
20
21
21
Ordinary income under recapture rules. Enter here and on Form 4797, line 16. See instructions . .
22
Subtract line 21 from line 20. If zero or less, enter -0-. If more than zero, enter here and on Schedule D
or Form 4797, unless the installment method applies. See instructions . . . . . . . . . . .
22
23
Recognized gain. Add lines 21 and 22 . . . . . . . . . . . . . . . . . . . . .
23
24
Deferred gain or (loss). Subtract line 23 from line 19. If a related party exchange, see instructions . .
24
25
Basis of like-kind property received. Subtract line 15 from the sum of lines 18 and 23. See instructions
25

DRAFT AS OF
August 12, 2021
DO NOT FILE

Part IV

Deferral of Gain From Section 1043 Conflict-of-Interest Sales

Note: This part is to be used only by officers or employees of the executive branch of the federal government or judicial officers of the
federal government (including certain spouses, minor or dependent children, and trustees as described in section 1043) for reporting
nonrecognition of gain under section 1043 on the sale of property to comply with the conflict-of-interest requirements. This part can
be used only if the cost of the replacement property is more than the basis of the divested property.
26

Enter the number from the upper right corner of your certificate of divestiture. (Do not attach a
copy of your certificate. Keep the certificate with your records.) . . . . . . . . . . ▶

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27

Description of divested property ▶

28

Description of replacement property ▶

29

Date divested property was sold (month, day, year) .

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30

Sales price of divested property. See instructions

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31
32

Basis of divested property . . . . . .
Realized gain. Subtract line 31 from line 30

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33
34

Cost of replacement property purchased within 60 days after date of sale
Subtract line 33 from line 30. If zero or less, enter -0- . . . . . . .

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35

Ordinary income under recapture rules. Enter here and on Form 4797, line 10. See instructions

36

Subtract line 35 from line 34. If zero or less, enter -0-. If more than zero, enter here and on Schedule D
or Form 4797. See instructions . . . . . . . . . . . . . . . . . . . . . . . .

36

37

Deferred gain. Subtract the sum of lines 35 and 36 from line 32 .

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37

38

Basis of replacement property. Subtract line 37 from line 33

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38

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29

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31
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32

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33
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34

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35

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MM/DD/YYYY

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Form 8824 (2021)