ADVANCED RULES

Related-Party 1031 Exchanges

Why related-party exchanges receive additional scrutiny and should be escalated early to tax counsel.

Related parties add another rule set.

Section 1031 includes special provisions for exchanges involving related parties, and the Form 8824 instructions include dedicated related-party reporting. Indirect structures can also raise related-party issues.

Because ownership relationships, holding periods, intermediary structure and subsequent dispositions can affect the analysis, related-party transactions should be flagged before documents are signed or closings are scheduled.

Escalation question

Is any party, entity owner, seller, buyer or replacement-property counterparty related to the taxpayer under the applicable federal definitions? If yes, send the structure to qualified tax counsel early.

Primary / reference sources

NEXT STEP

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