While foreign property is not of a like kind with domestic property, foreign properties are considered like-kind with one another. You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
Section 1031 is part of federal law, so it applies to federal taxes, which are the same no matter what state you're in. You can perform a 1031 exchange between business or investment properties located anywhere in the United States, so long as they meet all other 1031 requirements.
A Qualified Intermediary, or QI, is an independent third party to the transaction whose function is to prepare the documents necessary to create the exchange, as well as to act as the independent escrow agent for the exchange funds.
Appraisals are an integral part of the 1031 exchange process as they provide an unbiased estimate of the property's value.
How do you report Section 1031 Like-Kind Exchanges to the IRS? You must report an exchange to the IRS on Form 8824, Like-Kind Exchanges and file it with your tax return for the year in which the exchange occurred.
A Practice Note discussing Section 1031 like-kind exchanges of real estate, which is an important tax planning tool that allows real property owners to defer gains on the sale of real estate by investing the proceeds into replacement property.
If during the current tax year you transferred property to another party in a like-kind exchange, you must file Form 8824 with your tax return for that year. Also file Form 8824 for the 2 years following the year of a related party exchange. See Line 7, later, for details. Section 1031 regulations.
You can perform a 1031 exchange with foreign properties, so long as your relinquished and replacement properties are both located outside the United States.
After completing a 1031 exchange, you must report the transaction to the IRS using Form 8824 to maintain the transaction's tax-deferred status.