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1031 question

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Jessica

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May 11, 2017, 2:05:52 PM5/11/17
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In a 1031 exchange.....

so that I do not have to pay any Capital Gains Taxes
do I have to reinvest ALL of the sales proceeds in a 1031 exchange?

In other words...

If the property is sold for $400,000 and the mortgage on it is $150,000, then what is the amount that I should re- investment so I do not have to pay any Capital Gains Tax?

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Arthur Rubin

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May 12, 2017, 12:57:44 AM5/12/17
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On Thursday, May 11, 2017 at 11:05:52 AM UTC-7, Jessica wrote:
> In a 1031 exchange.....
>
> so that I do not have to pay any Capital Gains Taxes
> do I have to reinvest ALL of the sales proceeds in a 1031 exchange?
>
> In other words...
>
> If the property is sold for $400,000 and the mortgage on it is $150,000, then what is the amount that I should re- investment so I do not have to pay any Capital Gains Tax?

If the property is "sold", it does not qualify for a 1031 exchange....

In general, in order to qualify for a 1031 exchange, the property you receive should have at least the same value as the property you give up.

--
Arthur Rubin, CRTP
Brea, CA

Taxed and Spent

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May 15, 2017, 11:51:04 PM5/15/17
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On 5/11/2017 9:53 PM, Arthur Rubin wrote:
> On Thursday, May 11, 2017 at 11:05:52 AM UTC-7, Jessica wrote:
>> In a 1031 exchange.....
>>
>> so that I do not have to pay any Capital Gains Taxes
>> do I have to reinvest ALL of the sales proceeds in a 1031 exchange?
>>
>> In other words...
>>
>> If the property is sold for $400,000 and the mortgage on it is $150,000, then what is the amount that I should re- investment so I do not have to pay any Capital Gains Tax?
>
> If the property is "sold", it does not qualify for a 1031 exchange....

Here we go again. It depends on who is doing the selling - a qualified
intermediary can "sell" as part of a 1031 transaction.


>
> In general, in order to qualify for a 1031 exchange, the property you receive should have at least the same value as the property you give up.


What exceptions are there? One is if the property still qualifies for a
principal residence exemption.

Stuart O. Bronstein

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May 16, 2017, 12:16:13 AM5/16/17
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Taxed and Spent <nospam...@nonospam.com> wrote:
> Arthur Rubin wrote:
>> Jessica wrote:

>>> In a 1031 exchange.....
>>>
>>> If the property is sold for $400,000 and the mortgage on it is
>>> $150,000, then what is the amount that I should re- investment
>>> so I do not have to pay any Capital Gains Tax?
>>
>> If the property is "sold", it does not qualify for a 1031
>> exchange....
>
> Here we go again. It depends on who is doing the selling - a
> qualified intermediary can "sell" as part of a 1031 transaction.

Right. Technically it's considered a trade, but someone buys and
someone sells, general to third persons. It's not actually what most
people would call a trade.

>> In general, in order to qualify for a 1031 exchange, the property
>> you receive should have at least the same value as the property
>> you give up.
>
> What exceptions are there? One is if the property still qualifies
> for a principal residence exemption.

Sort of. Technically you can qualify for a 1031 exchange even if the
property you buy has a price lower than the property you sell.
However you just need to recognize the difference as taxable income.

In the case of a property that can qualify for the principal
residence exemption, there's still taxable income, but another
exemption that applies.

--
Stu
http://DownToEarthLawyer.com

VinnyB

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May 16, 2017, 7:56:25 AM5/16/17
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On Thu, 11 May 2017 14:00:52 EDT, Jessica <glori...@gmail.com>
wrote in <d4eaaffd-d130-4fbf...@googlegroups.com>

>In a 1031 exchange.....
>
>so that I do not have to pay any Capital Gains Taxes
>do I have to reinvest ALL of the sales proceeds in a 1031 exchange?
>
>In other words...
>
>If the property is sold for $400,000 and the mortgage on it is $150,000, then what is the amount that I should re- investment so I do not have to pay any Capital Gains Tax?

$400,000 should be reinvested.

lotax

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May 17, 2017, 5:00:05 PM5/17/17
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AND .. not less than $250,000 [$400,000 minus the $150,000] of the "reinvestment" should be "in cash" i.e. not borrowed.
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