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Form 4768 Arlington Texas: What You Should Know

Statement of Information. If you do not report the section 1031 exchange, you may be required to report an income tax that does not reflect the fair market value of the section 1031 exchange at the time it occurred. Please note that if you are a nonresident alien not subject to U.S. tax on income, and have an estate with a section 1031 exchange from your nonresident alien related person, you and your U.S. holder must complete (or file) the form if you are a nonresident alien; you must complete (or file) a Form 1041 to report any income or gain from the section 1031 exchange; and you must complete (or file) a Schedule D — Capital Gains or Other Income, to report the nonresident alien related person's share of the section 1031 exchange income. The same rules and requirements for filing and paying U.S. estate tax apply, except that (1) you cannot include any part of the gross distribution amount included in the section 1031 exchange for filing, as explained below, nor can you include any part of any payment of any part of the estate tax, (2) any nonresident alien's share of the section 1031 exchange income is treated as an income of the nonresident alien, (3) section 1031 exchange income is treated as a gain of the nonresident alien at the end of the estate tax year, and (4) no estate income derived from a section 1031 exchange may be reported as a gift. No reporting is required for an estate if a section 1031 exchange was initiated before January 1, 2009, or an installment sale if it was initiated on or after January 1, 2009. The section 1031 exchange can only occur when a taxpayer (or the beneficiary of a deceased individual) was nonresident alien at the time, or the death occurred after, a gain was realized but before the section 1031 exchange. Please note that, if a section 1031 exchange was initiated before January 1, 2009, and the amount of the gain included in the sale was more than the sale price at the time the exchange was completed, a report of the amount of the gain is not required. Section 1031 exchanges initiated before January 1, 2009, usually can be completed at any time, as described below.

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