To qualify for a like-kind exchange, the properties involved must be held for investment, business, or production purposes. Examples of qualifying properties include rental properties, commercial buildings, and farmland. Personal property, such as machinery, equipment, and vehicles, can also qualify if used in a trade or business. However, personal residences and properties held for resale do not qualify for like-kind exchanges.
A deferred exchange allows taxpayers more time to complete a like-kind exchange. In a deferred exchange, the replacement property must be identified within 45 days of transferring the relinquished property and acquired within 180 days of the transfer. Form 8824 is used to report the details of the deferred exchange and ensure compliance with IRS regulations.
Yes, you can use Form 8824 to report like-kind exchanges involving related parties. However, special rules apply to these transactions, and both parties must hold the exchanged properties for at least two years after the exchange. If either party disposes of the property within the two-year period, the deferred gain may become taxable.
While Form 8824 allows for the exchange of a wide variety of properties, certain restrictions apply. For example, properties must be of “like-kind,” meaning they are of the same nature or character, even if they differ in quality or grade. Additionally, properties located in the United States cannot be exchanged for properties located outside the United States.