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Your scenario is complex so you should consult with local tax and legal counsel.

 

However, provided there was no personal use (i.e., it was strictly investment property that was previously rented), failure to generate income (in terms of rental income) would not invalidate your exchange. 

 

You should absolutely not start amending returns before you consult local tax and/or legal counsel. For example, if you filed your 2020 return on time (on or before April of 2021), the three-year SOL will have run by next April. See tax and legal professionals.