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Can I still elect to defer tax on that gain if I have already filed my federal income tax return

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Question:

Can I still elect to defer tax on that gain if I have already filed my federal income tax return

Answer:

Yes, you can still elect to defer tax on that gain if you have already filed your federal income tax return. To do so, you will need to file an amended return. Specifically, an individual or a married couple should use Form 1040-X for this purpose and attach Form 8949. This process allows you to make the election to defer the gain even after the original tax return has been filed.

The election to defer the gain must be made no later than the due date (including extensions) for filing your tax return for the year in which the gain was realized. If your original return was filed on time, you may make the election on an amended return filed no later than 6 months after the due date of your return (excluding extensions). When filing the amended return, you should enter “Filed pursuant to section 301.91002” at the top of the amended return and file it at the same address used for your original return.

Sources:
Publication 550 (2023)
Rev. Proc. 2020-13
§ 1031. Exchange of real property held for productive use or investment

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