8824

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

Agency
IRS
Revision
2025
Fillable fields
63
Pages
2
Official source
IRS form page
Checked
October 21, 2026
Fill 8824 online
Page 1 of form 8824

Form 8824 (2025): Like-Kind Exchanges (and Section 1043 Conflict-of-Interest Sales)

Form 8824 is used to report each exchange of business or investment real property for real property of a like kind. The instructions say it figures the amount of gain deferred as a result of a like-kind exchange, the gain to report in the current year when cash or property that is not of a like kind is involved, and the basis of the like-kind property received.

Part IV serves a different group: certain members of the executive branch and judicial officers of the federal government use it to elect to defer gain on sales made to comply with conflict-of-interest requirements under section 1043. The form says to attach it to your tax return, and the IRS About page lists it alongside returns such as Forms 1041, 1065, 1120 and 1120-S.

The instructions note that for 2018 and later years, section 1031 treatment applies only to exchanges of real property held for use in a trade or business or for investment. This page covers the 2025 form. You can fill it out free in your browser on this page and download the result without an account.

What's on Form 8824

Part I: the exchange

Lines 1 to 7: descriptions of the property given up and received, the dates acquired, transferred, identified and received, and whether a related party was involved.

Part II: related party information

Lines 8 to 11: the related party's name, relationship, identifying number and address, whether either party disposed of the property within 2 years, and the exceptions.

Part III: other property given up

Lines 12 to 14 apply only when property that was not like-kind was given up: its fair market value, adjusted basis and the gain or loss recognized.

Part III: gain and basis

Lines 15 to 25: cash and other property received, realized gain or loss, recapture, recognized gain, deferred gain and the basis of the like-kind property received.

Part IV: section 1043 sales

Lines 26 to 38: the certificate of divestiture number, the divested and replacement property, the sale date, price and basis, and the deferred gain.

How to fill out Form 8824

  1. 1

    Lines 1 and 2

    Describe the property given up and received. The form says only real property should be described here. The instructions say to enter the address and type of property, and the country for property outside the United States.

  2. 2

    Lines 3 to 6

    Enter the dates as MM/DD/YYYY. The instructions say replacement property is identified in writing no later than 45 days after the transfer, and received by the 180th day or the return due date with extensions, whichever is earlier.

  3. 3

    Line 7

    Answer whether the exchange was made with a related party, directly or indirectly. The instructions list a spouse, child, grandchild, parent, grandparent, brother, sister, or certain related entities. If Yes, complete Part II; if No, go to Part III.

  4. 4

    Lines 12 to 18

    Complete lines 12 to 14 only for property given up that was not like-kind. Then enter cash and other property received, the fair market value of the like-kind property received, and the adjusted basis of the property given up.

  5. 5

    Lines 19 to 25

    Figure realized gain, recapture on line 21 (also entered on Form 4797, line 16), the gain for Schedule D or Form 4797 on line 22, deferred gain on line 24 and the basis of property received on line 25.

  6. 6

    Part IV

    Enter the number from the upper right corner of the certificate of divestiture, the sale details, and the cost of replacement property purchased within 60 days after the sale. The form says not to attach the certificate.

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When to file and where amounts go

Where it goes

The form says to attach it to your tax return, and the instructions say to file it with the return for the year of the transfer.

Related party years

The instructions say to also file Form 8824 for the 2 years following the year of a related party exchange, completing Parts I and II and Part III only when line 9 or 10 is Yes.

Not every exchange is reported here

The form says not to file it when a related party sold the replacement property into the exchange and no line 11 exception applies. The disposition is then reported as if the exchange had been a sale.

Amounts carried to other forms

Line 21 goes on Form 4797, line 16. Line 22 goes on Schedule D or Form 4797 unless the installment method applies. Line 35 goes on Form 4797, line 10.

Certificate of divestiture

For Part IV, the form says not to attach a copy of the certificate and to keep it with your records.

Related forms

Who files Form 8824?

  • Taxpayers who exchanged real property

    The instructions say a taxpayer who transferred property to another party in a like-kind exchange during the tax year files Form 8824 with the return for that year.

  • Businesses, estates and trusts

    The About page lists Forms 1041, 1065, 1120 and 1120-S as related returns, and the instructions give burden estimates for individual, business, tax-exempt and trust filers.

  • Related party exchanges

    After an exchange with a related party, the instructions say to also file Form 8824 for the 2 years following the year of the exchange.

  • Federal officials for Part IV

    Officers or employees of the executive branch and judicial officers of the federal government, including certain spouses, minor or dependent children and trustees described in section 1043, use Part IV.

  • Multiple exchanges

    A filer with more than one exchange can file a summary on one Form 8824 and attach a statement with the information for each exchange.

The form is attached to the tax return of the person or entity that made the exchange or sale, and goes to the IRS with that return.

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Questions about Form 8824

What property does Form 8824 cover?

The instructions say that 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.

What are the 45 and 180 day dates?

For a deferred exchange, the instructions say replacement property is identified within 45 days after the property given up is transferred, and received within 180 days or by the return due date including extensions, whichever is earlier.

Is U.S. real property like-kind to foreign real property?

The instructions say real property in the United States and real property outside the United States are not like-kind properties.

What if I made several exchanges in one year?

The instructions say you can file a summary on one Form 8824 and attach your own statement with the information requested for each exchange.

Who uses Part IV?

The form says only officers or employees of the executive branch or judicial officers of the federal government, including certain spouses, children and trustees, for section 1043 conflict-of-interest sales.

Do I attach the certificate of divestiture?

No. The form says not to attach a copy of the certificate and to keep it with your records.