1031 Exchange Compliance Support
Documentation, intermediary coordination, and compliance verification for 1031 exchanges.
Learn MoreDocumentation support for IRS Form 8824 filing.
IRS Form 8824, Like-Kind Exchanges, is the document that reports a Section 1031 exchange to the Internal Revenue Service, and it must be filed with the investor's federal tax return for the year in which the relinquished property was transferred, regardless of whether the one hundred eighty day closing deadline extends into the following tax year. Form 8824 requires a detailed reconciliation of the relinquished property's adjusted basis, the fair market value of both properties, any liabilities assumed or relieved, cash or other non-like-kind property received, which is treated as boot, and the resulting realized gain, recognized gain, and deferred gain carried forward into the basis of the replacement property, and an error in any one of these figures can misstate the investor's tax position for years into the future since the replacement property's basis is calculated directly from the exchange. We provide documentation support to help investors and their tax professionals prepare Form 8824 accurately, and our role is specifically to compile and organize the underlying transaction data rather than to render tax advice or file the return itself, which remains the responsibility of the investor's CPA or tax preparer. Our support begins with transaction data compilation, gathering the closing statements for both the relinquished and replacement properties, the qualified intermediary's final accounting, any loan payoff and new financing statements, and records of any cash held back or received outside the exchange, since even a small amount of cash boot received during the exchange must be reported and is generally taxable in the year received. Gain calculation documentation follows, where we organize the components needed to compute realized gain, being the amount realized on the relinquished property sale minus its adjusted basis, and reconcile that figure against the replacement property's purchase price and the debt and equity actually reinvested, since Form 8824 requires this reconciliation to be shown clearly rather than simply asserted. Boot analysis is a critical piece of Form 8824 preparation, and we document any cash boot, mortgage boot arising from a reduction in debt without offsetting cash added, or non-like-kind property received, since these amounts directly determine the recognized gain reported on the form and the resulting tax liability for the year. For investors in Baltimore, MD, we also compile the documentation needed to support the Maryland state tax treatment of the exchange, since Maryland generally follows the federal deferral treatment for qualifying like-kind exchanges but any recognized gain, including boot, flows through to the Maryland return and is taxed at Maryland's graduated state income tax rate plus the applicable county or Baltimore City piggyback local tax, and if the property sale involved Maryland nonresident withholding at settlement, we help ensure that withholding is properly reconciled against the investor's final tax liability. We deliver an organized documentation package to the investor's tax professional well ahead of the filing deadline, structured so that basis carryover, recognized gain, and deferred gain figures can be verified quickly rather than reconstructed from scattered closing documents. Multi-property exchanges add another layer of complexity to Form 8824 preparation, since an investor who identified and closed on more than one replacement property, or who exchanged one relinquished property for several replacement properties, must allocate basis, gain, and liabilities across each property individually rather than reporting the exchange as a single aggregated transaction, and we build a property-by-property allocation schedule that mirrors how the form itself needs to be completed. Reverse exchanges and improvement exchanges also require additional documentation beyond a standard forward exchange, including the exchange accommodation titleholder's holding period records and, for an improvement exchange, documentation showing construction costs were incurred and improvements substantially completed within the exchange period, since costs not properly incurred within the required timeframe may not count toward replacement property value for purposes of the exchange. For investors in Baltimore, MD, we also flag situations where a partial exchange combined with a separate unrelated transaction in the same tax year could create confusion on the Maryland return if not clearly separated from the exchange-related figures, and we organize our documentation package so the investor's tax preparer can distinguish exchange-related entries from any other property transactions completed the same year.
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Documentation, intermediary coordination, and compliance verification for 1031 exchanges.
Learn MoreBoot analysis and planning to minimize taxable boot
Learn MoreDocument packaging and intermediary communication
Learn MoreComprehensive identification services for replacement properties across all 50 states.
Learn MoreAn investor in ${PRIMARY_CITY}, ${PRIMARY_STATE_ABBR} completed a 1031 exchange and needs transaction documentation organized for their CPA before Form 8824 is prepared
A property owner received a small amount of cash boot during the exchange and needs it properly documented and reconciled
An investor's exchange closed late in the year and needs basis carryover documentation ready before the extended filing deadline
A 1031 exchange defers federal and Maryland state income tax on qualifying real property but does not eliminate transfer taxes, recordation taxes, or documentary taxes. Maryland's graduated state income tax and the applicable county or Baltimore City piggyback tax apply to any recognized gain reported on Form 8824. We do not prepare or file tax returns. This information is educational only and does not constitute tax, legal, or investment advice. Consult with qualified tax and legal professionals regarding your specific situation.
Example of the type of engagement we can handle
Contact us to discuss your situation in Baltimore, MD. We can share references upon request.
Form 8824 must be filed with the federal tax return for the year the relinquished property was transferred, even if the 180-day closing deadline extends into the following calendar year for a late-year exchange.
No. We compile and organize the underlying transaction documentation, including closing statements, the qualified intermediary's accounting, and boot analysis, so the investor's CPA or tax preparer in Baltimore, MD can prepare and file the form accurately.
Boot includes cash received during the exchange, a reduction in debt on the replacement property not offset by added cash, and any non-like-kind property received. Each of these amounts affects recognized gain and must be documented for the form.
Maryland generally follows the federal deferral treatment for a qualifying exchange, but any recognized gain reported on Form 8824, including boot, is also taxable on the Maryland return at the graduated state rate plus the applicable county or Baltimore City piggyback tax.
If Maryland withholding was collected at settlement on a nonresident seller's transaction, that withholding needs to be reconciled against the investor's final tax liability once Form 8824 establishes the recognized gain for the year.
Contact us to discuss your 1031 exchange property identification needs.
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