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CAN I DO THIS with a 1031?

Last post 05-07-2008 9:38 AM by tfolkers. 2 replies.
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  • 05-06-2008 7:35 PM

    CAN I DO THIS with a 1031?

    We want to sell a property we have had for 20 years (in Norfolk, Va). It has been rental property for the past 18 years. We are in the military and have been out of country for 12 of those 18 years. We hoped to one day go back and retire there, but found a better life and bought a new house (in Memphis, Tn). We have taken out Equity (HELOC) from our original home in Norfolk, Va and put it into our new home (Memphis, Tn). Can we sell teh first home (rental property for the past 18 years) and use a 1031 to pay off the Home Equity loans and put the rest into the new mortage?
    • Post Points: 9
  • 05-06-2008 8:10 PM In reply to

    Re: CAN I DO THIS with a 1031?

    No, this would not qualify for 1031 exchange treatment.  You must acquire new investment property to replace the property that you are selling.  The payoff of existing debt does not qualify as an acquisition of replacement property. 

    William L. Exeter
    President and Chief Executive Officer

    EXETER 1031 Exchange Services, LLC
    A Qualified Intermediary (Accommodator) for 1031 Exchanges

    EXETER Fiduciary Services, LLC
    A Private Professional Fiduciary Services Company

    http://www.exeter1031.com
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    • Post Points: 1
  • 05-07-2008 9:38 AM In reply to

    Re: CAN I DO THIS with a 1031?

    Bill is correct the exchange of a rental property to pay off debts does not qualify for a 1031 exchange.  

    Further you need to look at the tax consequences of the sale.   The gain on the sale goes back to the original purchase price, plus improvements, less depreciation - so it may be that you will have a sale where the taxes paid use up all or nearly all of the net proceeds on the sale.  The HELOC does not increase the cost basis of the property unless you used it for improvements on the Norfolk property.

    Have your CPA calculate the taxable gain before you sell.

    You could do a 1031 exchange from the Norfolk property into another rental in the Memphis area to make managment easier.

    Good luck,
     

    Timothy J Folkers, CPA
    Principal
    Folkers, Choi & Associates
    An Accountancy Corporation
    18818 Teller Ave., Suite 109
    Irvine, CA 92612
    (949) 399-1040 ext 126 -Direct
    (949) 399-1041 fax
    Tim@FCA-CPA.com
    www.FCA-CPA.com

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    To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication, unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
    • Post Points: 1
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