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Form 8824 For Syracuse New York: What You Should Know

Form 1040, Form 1040NR and Schedule C for the year of taxable property exchange (e.g., exchange in Syracuse. NY). There are different rules for exchange of property of kind. A “like-kind” exchange is an exchange of the same property, the same type (e.g., like equipment, like buildings, ..., like building materials), at the same place and with the same functional effect — that is, identical property, property with identical characteristics. For each “not-like-kind” exchange, the taxable property must be described correctly, and the seller must report the value of the new property in the same manner as for the original. The seller must file Form 8824. The seller must report the change of use of the property during the year in the same way as the seller may for any other change in use. If there is a disposition, the seller may file Form 8824, but only if the disposal is reported in Part II of their return (Form 1040NR). Each “like-kind” exchange must be treated as one taxable sale for purposes of determining gross income. The seller can use the method of applying capital gains rules described in this chapter for both the “not-like-kind” property and the “like-kind” property. The seller should include the total of the property sold in the gross income of the purchaser. The owner of the “like-kind” property should report the exchange, or property placed into service or used for the owner's gain in the income of the owner, without including any part of the cost of the property in the income of the purchaser. If you have a “not-like-kind” exchange and are not filing an annual return or a short-term return, you must file Form 8824. In such cases, you might be able to use “Like-Kind Exchanger” for the exchange, along with Part II of the federal return, or you might be able to use Form 2350 or Form 2350-A. For any New York City resident — If you have a New York City home with an assessed market value of 150,000 and are completing an exchange property return, do not use Part II of your return for the New York City property (your NYC property). You used Part II for NYC property. NYC property should be reported as a separate taxable sale.

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