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Level 3
April 5, 2023
Solved

If you make a 1031 exchange a residence after renting for 2 years and later sale the property as a residence, do you pay the defered income from 1031 at the time of sale?

  • April 5, 2023
  • 1 reply
  • 17 views
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Best answer by Hiker285

If the replacement property now principal residence is held for 5 years after the exchange, it is eligible for the Section 121 exclusion, assuming all other criteria are met. Gain to the extent of prior depreciation will be taxable.


So the initial 1031 deferred gain will not be taxed until she sales the property as a personal residence.  Then she will have to pay tax on the recaptured depreciation and exclude the capital gains as a personal residence except for the portion of rented years to total years owned.  If she owned the property for 15 years and lived in it for 5 years, she would have to exclude 66% of the $250,000 plus be taxed on recaptured depreciation?

1 reply

sjrcpa
Level 15
April 5, 2023

How much later after making the 1031 exchange did they sell the now principal residence?

The more I know the more I don’t know.
Hiker285Author
Level 3
April 5, 2023

They keep it for the required 2 years.  Do they recapture depreciation taken while a rental property?

 

sjrcpa
Level 15
April 5, 2023

In this situation they were supposed to hold it for 5 years after the 1031 exchange.

The deferred gain is taxable. 

The more I know the more I don’t know.