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Sophia Rodriguez

As a limited partner in LLC that did a 1031 exchange, do I need to file form 8824 on my personal tax return?

I'm a passive investor in a real estate syndication that just completed a 1031 exchange this year. The property we owned for about 4 years was sold and the proceeds went into a new apartment complex through the exchange. I'm trying to figure out my tax obligations here. I'm pretty sure the LLC itself filed form 8824 (like-kind exchange) as part of their entity tax filing, but I'm not 100% certain about that. The thing is, I'm now getting K-1 forms from both LLCs involved in this exchange (the old one and the new property). Do I need to do anything special when entering these into my personal tax return? Should I also be filing form 8824 personally, or does the LLC's filing cover my obligation? Any insight would be greatly appreciated! This is my first time dealing with a 1031 situation as a limited partner.

The LLC's filing of Form 8824 doesn't eliminate your potential filing requirement. As a limited partner receiving K-1s from partnerships involved in a 1031 exchange, you may need to file your own Form 8824 depending on how the exchange was structured. If your K-1 shows amounts for the exchange, like realized gain/loss or deferred gain, you'll typically need to report these on your personal return, which often means filing your own Form 8824. The K-1 should include supplemental information about the exchange that will guide your filing requirements. Look for statements attached to your K-1s specifically addressing the 1031 exchange. These should provide instructions on what amounts to report and which forms to use. If the K-1s don't have clear guidance, I'd recommend contacting the partnership's tax preparer for clarification.

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If the syndication is filing as a partnership (which most do), wouldn't the reporting responsibilities pass through to the partners? I was under the impression that the partnership itself files an information return but the actual tax obligations flow to the individual partners...

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You're absolutely right that partnerships file information returns and the tax obligations generally flow through to the partners. That's exactly why the individual limited partners often need to report their portion of the exchange on their personal returns. When a partnership completes a 1031 exchange, each partner's proportionate share of the deferred gain and other exchange details typically flows through to them. The partnership's Form 8824 reports the entire transaction, but each partner usually needs to report their individual portion on their own tax return, which may require filing their own Form 8824.

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Just went through this exact situation last year and found using https://taxr.ai incredibly helpful. I was also a limited partner in a syndication that did a 1031 exchange and was confused about my filing requirements. I uploaded my K-1s and the supplemental information from the syndication to taxr.ai and it analyzed everything, flagging exactly what I needed to report on my personal return. It confirmed I needed my own Form 8824 and even explained which numbers from my K-1s needed to go where on the form. The syndication had provided some instructions but they were pretty vague, and taxr.ai cleared up all my confusion. The best part was it explained WHY I needed to file certain things, which helped me understand the whole process better.

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How exactly does this service work? Does it just scan your documents and tell you what to do or does it actually fill out the forms for you? My LLC did a 1031 last year too and I'm totally lost with all these statements and supplemental documents they sent.

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I'm a little skeptical of these tax document analysis services. How accurate was it really? Did you have a tax professional review what it recommended before filing? Seems risky to trust an automated system with something as complicated as a 1031 exchange.

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The service scans and analyzes your documents, then provides specific guidance on what forms you need and what information goes where. It doesn't complete the forms for you, but gives you detailed instructions that you can follow yourself or share with your tax preparer. It's actually quite accurate in my experience. I did have my CPA review the recommendations, and he confirmed everything taxr.ai suggested was correct. He was impressed with the level of detail it provided, especially regarding which lines on Form 8824 needed specific amounts from my K-1s. It saved him time figuring it out, which saved me money on his hourly rate.

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I was totally skeptical about taxr.ai when I first heard about it, but I gave it a try after getting frustrated with my K-1s from a 1031 exchange. I'm really glad I did! The analysis it provided was spot-on according to my tax guy. It identified exactly which supplemental statements contained the information I needed for my Form 8824 and explained the relationship between the reported amounts. My situation was complicated because we had a partial 1031 (some cash boot), and it correctly identified what was taxable immediately vs. what gain was deferred. What impressed me most was how it explained the basis adjustments I needed to track going forward. My tax preparer said it saved him at least an hour of work sorting through all the partnership documents.

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After struggling to get answers about my K-1s from a 1031 exchange from the syndication sponsor (they kept saying "ask your CPA"), I finally managed to speak directly with an IRS agent through https://claimyr.com. You can see how it works here: https://youtu.be/_kiP6q8DX5c I had been trying to call the IRS for days with no luck, but Claimyr got me connected in about 15 minutes. The agent confirmed that as a limited partner, I did need to file Form 8824 to report my portion of the exchange and explained exactly what information from my K-1 supplemental statements needed to be included. The agent also walked me through how to properly report the deferred gain and adjusted basis. Having that direct guidance from the IRS gave me confidence that I was filing correctly.

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Wait, this actually works? I thought it was impossible to get through to the IRS these days. How much did they charge you for this service? I've been on hold for literally hours trying to get clarification on partnership 1031 reporting.

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This seems too good to be true. The IRS agent actually gave you specific tax advice about form 8824 and K-1 reporting? In my experience they usually just refer you to publications and refuse to give any specific guidance. I'm finding this hard to believe.

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Yes, it absolutely works! They use some kind of system that navigates the IRS phone tree and holds your place in line, then calls you when an agent is about to pick up. I was genuinely surprised at how well it worked after weeks of frustration. The IRS agent was actually quite helpful with my specific situation. You're right that they sometimes just refer to publications, but when I asked very specific questions about which lines on Form 8824 corresponded to specific items on my K-1 supplemental statement, the agent was willing to walk through it with me. I think it helped that I had all my documents ready and asked clear, specific questions.

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I was super skeptical about Claimyr when I first heard about it, but I was desperate after spending hours on hold with the IRS trying to get clarification on my 1031 exchange reporting requirements. I'm actually shocked to report it worked exactly as advertised. Got connected to an IRS agent in about 20 minutes (after trying for days on my own with no success). The agent confirmed I needed to file Form 8824 with my personal return and pointed me to the specific sections of Publication 544 that covered my situation as a limited partner. The conversation saved me from making a serious mistake on my taxes - I was about to just enter the K-1 numbers without reporting the exchange details, which could have caused issues with tracking my basis going forward. Worth every penny for the peace of mind!

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I'm a real estate tax guy and see this situation all the time with clients. Here's my take: You absolutely need to report your portion of the 1031 exchange on your personal return, which typically means filing Form 8824. The key thing most limited partners miss is that you need to adjust your basis in the new partnership interest. The exchange doesn't reset your basis - it carries over from your old partnership interest (with some possible adjustments). If you don't track this correctly, you could end up paying too much tax when you eventually sell or paying tax on phantom income during ownership. Also, check if you received any cash or other non-like-kind property (boot) as part of the exchange. That would be immediately taxable even though the main gain is deferred.

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Thanks for this detailed response! The basis tracking part is what's confusing me. My K-1 has a supplemental statement about "tax basis capital" that changed after the exchange. Is this the basis I need to track, or is there something else I should be looking for? The statement mentions something about "704(c) forward section 1231 gain" that I don't understand.

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The "tax basis capital" on your K-1 is related to your basis, but it's not necessarily the exact number you need to track for your personal tax situation. This gets complicated because partnerships can use different methods for tracking capital accounts. What you need to focus on is your "outside basis" in the partnership interest. Generally, your outside basis in the new partnership should equal your outside basis in the old partnership, adjusted for any boot received or liabilities assumed during the exchange. That "704(c) forward section 1231 gain" reference indicates deferred gain that's being tracked at the partnership level under section 704(c). This will affect how future depreciation and gains are allocated to you. It's essentially tracking your share of the built-in gain that was deferred in the 1031 exchange. When the new property is eventually sold (without another 1031), this deferred gain may become taxable to you.

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Has anyone used TurboTax for reporting a K-1 from a 1031 exchange? I'm trying to figure out if I need to upgrade to their business version or if the premier version can handle this. Their support wasn't very helpful when I asked about form 8824.

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I used TurboTax Premier last year for this exact situation. It does support Form 8824, but the interface is clunky. You have to manually enter a lot of the information from the supplemental statements attached to your K-1. The program doesn't automatically pull the 1031 exchange info from the K-1 entry screens.

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Thanks for confirming! I'll stick with Premier then. Did TurboTax guide you through which numbers to enter where, or did you have to figure that out yourself? My supplemental statement has about 10 different numbers related to the exchange and I'm not sure which ones need to go on which lines of Form 8824.

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TurboTax Premier can handle Form 8824, but honestly the guidance is pretty limited for complex partnership exchanges. You'll need to manually figure out which numbers from your supplemental statement go where on the form. I found myself constantly referring back to the IRS instructions for Form 8824 and Publication 544 to make sure I was entering things correctly. The software asks for the basic exchange information but doesn't really help you interpret the partnership-specific details from your K-1 supplemental statements. If your situation is straightforward it should work fine, but if you have complications like boot received or multiple properties involved, you might want to consider getting professional help rather than trying to navigate it solo in TurboTax.

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