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Level 6
July 30, 2025

1031 Is it negated?

  • July 30, 2025
  • 1 reply
  • 4 views

Client received Condo in Florida with rules by the association they could not rent it for 1 year. They are not doing a vacation rental and want it to be a full time rental after the 1 year mark. Yes the intent is for it to be investment. Then throw in the kicker of renting to family member for a month and then just going to let it set. did they negate the 1031 with the 1 year clause. I have had some wonky ones. that the 1031 typically is giving bad advice. I always say I can not unhear what I hear. I am sure they don't want to see it as a rental because of rule from association but you already told me you got 3,000.00

 

thx.

    1 reply

    Level 15
    July 31, 2025

    If there is no personal use, as you said, it seems to be for investment.  I don't see anything in what you said that would disqualify the 1031 Exchange.

    The renting to a family member ... was that before the one year?  And was that rented at Fair Market Value?  If it was rented below Fair Market Value, I suspect that would disqualify the 1031 Exchange.