Reference library

1031 forms & code sections

The paperwork behind a like-kind exchange, in plain language.

The forms you (or your CPA) file, and the tax-code sections they come from. We link straight to the official IRS and state sources — we do not host copies, so you always get the current version.

Forms you file

  • Form 8824

    IRS

    Like-Kind Exchanges

    The core form. You file Form 8824 with your federal return for the year of the exchange to report a like-kind exchange, compute any recognized gain (boot), and carry over your basis to the replacement property.

    View the official IRS page
  • Form 4797

    IRS

    Sales of Business Property

    Used to report the sale or disposition of business/investment property and any gain that is recognized rather than deferred, including depreciation recapture that a 1031 exchange does not fully defer.

    View the official IRS page
  • Form 6252

    IRS

    Installment Sale Income

    Relevant when part of a disposition is received over time as an installment sale. It can interact with an exchange when proceeds are received across tax years.

    View the official IRS page
  • Publication 544

    IRS

    Sales and Other Dispositions of Assets

    The IRS’s plain-language guide to how gains and losses on property dispositions are figured and reported — including a chapter on like-kind exchanges. A good background read before Form 8824.

    View the official IRS page
  • FTB Form 3840

    California FTB

    California Like-Kind Exchanges

    California’s claw-back reporting form. If you exchange California property for property outside California, you file Form 3840 annually to track the deferred California-source gain until it is eventually recognized.

    View the official California FTB page

Tax-code sections

  • IRC §1031

    U.S. Code

    Exchange of Real Property Held for Productive Use or Investment

    The statute itself. Since 2018 it applies only to real property held for investment or business use. It sets the deferral rule and the framework the 45-day and 180-day deadlines come from.

    View the official U.S. Code page
  • IRC §1033

    U.S. Code

    Involuntary Conversions

    A separate deferral rule for property lost involuntarily — condemnation, casualty, or theft. Different timelines and rules than §1031, but often confused with it.

    View the official U.S. Code page
  • IRC §121

    U.S. Code

    Exclusion of Gain from Sale of a Principal Residence

    The primary-home exclusion (up to $250k/$500k). Not a 1031 tool, but it matters when a property has been both a residence and an investment, where §121 and §1031 can interact.

    View the official U.S. Code page

The forms are the easy part when we handle the exchange

We hold your proceeds in escrow, track both deadlines, and coordinate the purchase — so filing time is just paperwork, not panic.

Not tax or legal advice. These summaries are general education and may not reflect the latest law. Always use the official form and consult your CPA or tax attorney before filing.