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Level 3
March 7, 2022

Rental Property Sale, Un-depreciated proprerty and Like-Kind Exchange questions

  • March 7, 2022
  • 1 reply
  • 6 views

A rental property was sold - ex: $300,000. Seller took a down payment and holds the mortgage. A (1031) like-kind transaction used the down payment ex. $50,000, plus the seller added cash $30,000, to purchase a rental property, using a Qualified Intermediary (fee $1,250).

Where in the program is the allowable depreciation that had not yet been taken by the seller upon the sale of the rental property go? ( The AMT Report below the indexed Schedule E shows the 'Depreciation Basis' not taken prior to sale. ex: $7,000.)

The seller took back a mortgage ex: $250,000. Which forms are needed for this transaction? Although I have been with ProSeries Professional since 1994 tax year, I have not had this situation to input into the tax program. Thank you very much for your help.

Respectfully, Robert

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    1 reply

    sjrcpa
    Level 15
    March 7, 2022

    Sounds like you have a failed 1031 exchange ( you have to replace with equal or higher value) and are left with an installment sale -Form 6252.

    Are you saying client never claimed depreciation? Or not on this year's return yet?

    The more I know the more I don’t know.
    robert-aAuthor
    Level 3
    March 8, 2022

    Seller of Property ‘A’ received a down payment of $500,000 – after expenses of the sale, the Intermediary received approximately $267,250. After their fee of $1,250 - $266,000 was given to the seller of Property ‘B’ at the closing for the rental property identified and purchased by the seller of ‘A’.

    Seller A purchased the property ‘B’ for $356,000. At the closing, seller ‘A’ added $90,000.00 in cash to make the purchase. Are you saying that the property purchased for $356,000.00 which is more than the $267,000.00 left after expenses of the sale e.g. transfer taxes, etc., is a failed 1031 exchange because the $356K does not exceed the gross down payment of $550K?

    Client no longer had depreciation on the building Property ‘A’, but only the remainder of depreciation for appliances and apt renovations that had not as yet completed their term of depreciation allowed sjrcpa. No depreciation was yet taken on this year’s return. The AMT report in the program shows depreciation remaining that has not been taken.

    Thank you for your response and help sjrcpa. Your knowledge and experience are a blessing.

    Robert

    sjrcpa
    Level 15
    March 8, 2022

    I thought you were saying the new property only cost $80K.

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