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Old 04-09-2019, 01:37 AM
 
Location: Redwood Shores, CA
1,651 posts, read 1,304,327 times
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Can 1031 exchange and homeowner exclusion be applied to one sale of home?

Suppose I bought a property for 1 mil five years ago. For the first two years Iived in it; for the last three I rented it out. Suppose it is worth 1.5 mil now and I sell it. Can I:

-- Use 1031 to buy another home for 750k
-- Receive 750k cash proceed, of which 250k is profit
-- Apply 250k homeowner exclusion to wipe out gain

Therefore I end uo with zero tax obligation for now.

Will this work?
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Old 04-09-2019, 01:47 AM
 
106,673 posts, read 108,833,673 times
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a few problems .... you can only get the exclusion over a 5 year rolling period ... so you must sell that primary within a rolling 5 year period of which two years have to include it being your primary so it is a window ..

in order to get the exclusion at all you need to take it in that five year period or lose it ...

the exclusion does not carry over in to a non primary and you can't 1031 into a primary .

so no this cant work
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Old 04-09-2019, 09:54 AM
 
Location: Raleigh NC
25,116 posts, read 16,215,541 times
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talk to a CPA that's well-versed (see other topic) in residential real estate tax questions.

My layman response is "No, you can only do 1 or the other". But I'm not qualified to give tax advice of that level.
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Old 04-09-2019, 09:58 AM
 
106,673 posts, read 108,833,673 times
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the rules are quite clear on this .

there are ways to make a 1031 exchange in to a primary but not a primary in to a 1031 exchange . you really need to sell the primary within 5 years and take the tax exclusion . then go buy an investment property . if you blow the 5 year window you blew the tax free exemption and it is all taxable . .

https://www.groco.com/readingroom/ta...residence.aspx

Last edited by mathjak107; 04-09-2019 at 10:24 AM..
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Old 04-10-2019, 11:14 AM
 
Location: Washington, DC
4,178 posts, read 2,648,665 times
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Is the new property going to be your primary residence or a investment?

https://homeguides.sfgate.com/can-se...xes-57217.html

Last edited by sonnymarkjiz; 04-10-2019 at 11:28 AM..
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Old 04-10-2019, 12:28 PM
 
106,673 posts, read 108,833,673 times
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he wants to convert a primary to a rental then 1031 it eventually back in to a primary ....


he will lose the exclusion at the stroke of the 5th year .... bad idea . he neeeds to sell the primary within 5 years ... take the exclusion , then buy what he wants


"When you sell a personal residence and buy another one, the IRS will not let you do a 1031 exchange. You can, however, exclude a large portion of the gain from your taxes as that you have lived in for two of the past five years in the property and used it as your primary residence. A single person can exclude his first $250,000 in gains from taxes, and a married couple filing jointly can exclude $500,000. This means that you can sell the house and do whatever you want with the income without paying taxes on it."
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Old 04-10-2019, 05:37 PM
 
Location: Asheville, NC
12,626 posts, read 32,065,841 times
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Quote:
Originally Posted by mathjak107 View Post
he wants to convert a primary to a rental then 1031 it eventually back in to a primary ....


he will lose the exclusion at the stroke of the 5th year .... bad idea . he neeeds to sell the primary within 5 years ... take the exclusion , then buy what he wants


"When you sell a personal residence and buy another one, the IRS will not let you do a 1031 exchange. You can, however, exclude a large portion of the gain from your taxes as that you have lived in for two of the past five years in the property and used it as your primary residence. A single person can exclude his first $250,000 in gains from taxes, and a married couple filing jointly can exclude $500,000. This means that you can sell the house and do whatever you want with the income without paying taxes on it."
I understand the 2 out of 5 years. It is confusing how it works if the 2 years you live there are the first part and then you rent for 3 years thereafter. Is it still the same scenario or does the amount reduce that you can exclude? From what I understand, a 1031 is for an investment and not your private residence if I am correct. The OP wouldn't be able to take both deductions.
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Old 04-10-2019, 05:46 PM
 
106,673 posts, read 108,833,673 times
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It is a rolling 5 year period .. you need to have it your primary for 2 of the 5 ... it matters the order ...so you can live in it 2 years and then rent and sell within the 5... after the five years you blew it....

But if it was a rental the first 3 and your primary 2 then the exclusion gets prorated over the total time you owned it vs your primary..

1031 is only for investment property in to investment property
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Old 04-10-2019, 07:12 PM
 
Location: Raleigh NC
25,116 posts, read 16,215,541 times
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Quote:
When you sell a personal residence and buy another one, the IRS will not let you do a 1031 exchange. You can, however, exclude a large portion of the gain from your taxes as that you have lived in for two of the past five years in the property and used it as your primary residence.
I think this is what my "educated guess" was ... you can't double dip.
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Old 04-10-2019, 08:39 PM
 
Location: Asheville, NC
12,626 posts, read 32,065,841 times
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Quote:
Originally Posted by mathjak107 View Post
It is a rolling 5 year period .. you need to have it your primary for 2 of the 5 ... it matters the order ...so you can live in it 2 years and then rent and sell within the 5... after the five years you blew it....

But if it was a rental the first 3 and your primary 2 then the exclusion gets prorated over the total time you owned it vs your primary..

1031 is only for investment property in to investment property
Ah, OK. I new there was some difference. Thanks for clarifying
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