1031 Exchange

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  • Brian EA
    Senior Member
    • Dec 2005
    • 786

    #1

    1031 Exchange

    Taxpayer sold Rental building on December 1st, 2021. He purchased 3 other rental buildings in January of 2022 in a 1031 exchange.
    Extension has been filed for 2021.
    Can I close the deal by reporting the purchases completed in 2022 on the 2021 return or do I have to wait until I file the 2022 return?
    Thanks
    Brian
    Everybody should pay his income tax with a smile. I tried it, but they wanted cash
  • Dusty2004
    Senior Member
    • Dec 2009
    • 374

    #2
    This does not sound like a 1031 exchange but as a sale of one asset and a purchase 3 assets.

    Comment

    • TAXNJ
      Senior Member
      • Jan 2007
      • 2106

      #3
      Do the “rules” below help?

      Always cite your source for support to defend your opinion

      Comment

      • Brian EA
        Senior Member
        • Dec 2005
        • 786

        #4
        All the rules were followed in the 1031 exchange.
        My question is: Can I close the deal by reporting the purchases completed in 2022 on the 2021 return or do I have to wait until I file the 2022 return?
        Thanks
        Everybody should pay his income tax with a smile. I tried it, but they wanted cash

        Comment

        • Dusty2004
          Senior Member
          • Dec 2009
          • 374

          #5
          Brian: If the rules were followed then you poorly described what happened. He could not sell them in December and purchase 3 new ones in January. It has to be all one transaction and it has to be handled by a third party. Did he sell it in December? Did he purchase then in January? Did a third party intermediary do all the transactions?

          Comment

          • TAXNJ
            Senior Member
            • Jan 2007
            • 2106

            #6
            Originally posted by Brian EA
            All the rules were followed in the 1031 exchange.
            My question is: Can I close the deal by reporting the purchases completed in 2022 on the 2021 return or do I have to wait until I file the 2022 return?
            Thanks

            see the link below page 3. Does that help?

            Last edited by TAXNJ; 07-20-2022, 12:48 PM.
            Always cite your source for support to defend your opinion

            Comment

            • Brian EA
              Senior Member
              • Dec 2005
              • 786

              #7
              Originally posted by Dusty2004
              Brian: If the rules were followed then you poorly described what happened. He could not sell them in December and purchase 3 new ones in January. It has to be all one transaction and it has to be handled by a third party. Did he sell it in December? Did he purchase then in January? Did a third-party intermediary do all the transactions?
              Building was sold in December and handled by a third-party intermediary. Three replacement buildings were purchased in January 2022.
              Everybody should pay his income tax with a smile. I tried it, but they wanted cash

              Comment

              • TaxGuyBill
                Senior Member
                • Oct 2013
                • 2321

                #8
                2021.


                Comment

                • TAXNJ
                  Senior Member
                  • Jan 2007
                  • 2106

                  #9
                  Originally posted by Brian EA

                  Building was sold in December and handled by a third-party intermediary. Three replacement buildings were purchased in January 2022.
                  Hopefully you worked closely with the “third party” 1031 expert.

                  If you read the rules and it conforms and read “The 45-day identification period and 180-day exchange periods start when the first of several sales close”, and references provided, do you still have an issue?
                  Last edited by TAXNJ; 07-20-2022, 08:19 PM.
                  Always cite your source for support to defend your opinion

                  Comment

                  • Brian EA
                    Senior Member
                    • Dec 2005
                    • 786

                    #10
                    Originally posted by TAXNJ

                    Hopefully you worked closely with the “third party” 1031 expert.

                    If you read the rules and it conforms and read “The 45-day identification period and 180-day exchange periods start when the first of several sales close”, and references provided, do you still have an issue?
                    Everything was done according to the rules of a 1031 Exchange.
                    The question is: Can I close the deal by reporting the purchases completed in 2022 on the 2021 return or do I have to wait until I file the 2022 return?
                    Thanks
                    Everybody should pay his income tax with a smile. I tried it, but they wanted cash

                    Comment

                    • TAXNJ
                      Senior Member
                      • Jan 2007
                      • 2106

                      #11
                      Originally posted by Brian EA

                      Everything was done according to the rules of a 1031 Exchange.
                      The question is: Can I close the deal by reporting the purchases completed in 2022 on the 2021 return or do I have to wait until I file the 2022 return?
                      Thanks
                      Does page 3 of the attachment specifically “When to Report an Exchange” address your issue? Have you read it?
                      Always cite your source for support to defend your opinion

                      Comment

                      • Brian EA
                        Senior Member
                        • Dec 2005
                        • 786

                        #12
                        Originally posted by TAXNJ

                        Does page 3 of the attachment specifically “When to Report an Exchange” address your issue? Have you read it?
                        Yes, it has.
                        Thanks
                        Brian
                        Everybody should pay his income tax with a smile. I tried it, but they wanted cash

                        Comment

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