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Level 3
February 18, 2024
Question

Exchange of like home through sale

  • February 18, 2024
  • 3 replies
  • 23 views

My Client sold the house that he inherited form his parents and use the proceeds to purchase two homes. How should I report this like exchange. Which forms should I use? --8824 or ?

FYI: The house was purchase in 1979 for $91,000.00 and sold for $1,180,000.00 in January 2023.

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3 replies

taxiowa
Level 8
February 18, 2024

I would use form ? because you can not do a like kind exchange of a personal residence.  Or was it used as rental after inheritance.  And when was it inherited, because step up might eliminate some of your concerns.

fesemaguAuthor
Level 3
February 18, 2024

It was inherited in 2021, when taxpayer parents passed away. Tax payer and his sister lived there after parents passed away..

taxiowa
Level 8
February 18, 2024

Then it was a personal residence and you can not do a like kind exchange.  So you have a sale of the inherited house and purchase of two new homes.

But as I said you need to ascertain FMV basis on death because that is what you would most likely use as your cost in the sale.

Just-Lisa-Now-
Intuit Community Champion
February 18, 2024

Doesnt sound like a 1031 exchange, that cant be done with a primary residence....did they bring you paperwork from the 1031 Intermediary company that held the money from the sale and disbursed that money for the purchase of the other homes?

If the money from the sale went directly to your client, this is NOT an exchange.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
fesemaguAuthor
Level 3
February 19, 2024

The money went to a trust fund, then payment for both houses was made from the trust fund.

IRonMaN
Level 15
February 19, 2024

Even if the property qualified for a 1031 exchange, that hope died once they touched the cash. 

Slava Ukraini!
fesemaguAuthor
Level 3
February 20, 2024

Yes , I got my answer. I used the FMV at the date of inheritance.