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Level 7
November 26, 2024
Solved

Like Kind Exchange

  • November 26, 2024
  • 2 replies
  • 15 views

Husband and wife have LLC with two rentals which they are selling. They wish to buy a personal second residence. Does the new purchase qualify for a like kind exchange. Would it have to be in same LLC name (they wish to close out the LLC).

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Best answer by Terry53029

A 1031 exchange is specifically intended for investment or business properties. Personal properties are not eligible

2 replies

Intuit Community Champion
November 26, 2024

A 1031 exchange is specifically intended for investment or business properties. Personal properties are not eligible

abctax55
Level 15
November 26, 2024

Rental property for a personal residence - even if a second home - would not qualify.

They would have to rent out that property for a while (the exact time line isn't defined in the IRC).  They could then go wink, wink, nod....well, despite our ORIGINAL intention for this to be a rental property we've decided to make it a personal residence. 

Intent at the time of the exchange is important.

HumanKind... Be Both
Intuit Community Champion
November 26, 2024

The problem with doing that, is you will lose some of your section 121 if you decide to sell the personal residents in the future

abctax55
Level 15
November 26, 2024

True... plus it's a slippery slope (that intent thingy...) 😉

 

HumanKind... Be Both