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Section 121 Exemption

You are currently browsing the articles from FAQs matching the category Section 121 Exemption.

Possible to live in a property to wipe out capital gains?

A user asks: “If I have rented a property for twenty three years and have depreciated the expenses to the max, can I live in it for two years and wipe out all of the capital gains that I may have had to pay if I would have sold it. Two years later, if Isell […]

Written by DROdio on May 20th, 2008.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Topics and Section 121 Exemption and All the Questions You Were Afraid To Ask About 1031s and 1031 Tax-Deferred Exchanges.

I have a home office. Can I deduct expenses like mortgage, utilities, etc., but not deduct depreciation so that when I sell this house, the basis won’t be affected?

If you qualify to deduct expenses for the business use of your home, you can claim depreciation for the part of your home that is a home office. Generally, the part of your home that is a home office is depreciated over a recovery period of 39 years using the straight line method of depreciation […]

Written by James Brennan on January 21st, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Tax Calculations and Section 121 Exemption and Second Homes & Vacation Homes and Reporting Your Exchange and All the Questions You Were Afraid To Ask About 1031s.

Moving Into your 1031 Replacement Property…

This article is mandatory reading for those looking to turn their rental property into primary residence property….
Converting Qualified Use to Personal Use

Written by James Brennan on January 21st, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption and Second Homes & Vacation Homes and All the Questions You Were Afraid To Ask About 1031s.

What items can I “net” out of sales price as “Transaction Costs”?

First are costs that are non-recurring and specifically related to the closing. Such costs can generally be paid for using exchange proceeds and will reduce the property’s net sales price for sellers or increase the net purchase price for buyers. A non-inclusive list of such costs includes:

Sales commissions
Title and escrow fees
Recording fees
Transfer Taxes
1031 Exchange Intermediary […]

Written by James Brennan on January 20th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Settlement Q&A and Section 121 Exemption and Form 8824 and Calc_Q5 and Calc_Q6.

What is the Definition of Like Kind?

The properties being exchanged must be of the same asset class. Like kind is defined in the tax code as meaning “similar in nature or character, notwithstanding differences in quality or grade”. All real property is considered like kind and must be held for investment or held for productive use in a trade or business.

Written by James Brennan on January 20th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption and 1031 Calc FAQs and Calc_Q1 and All the Questions You Were Afraid To Ask About 1031s.

Can I move into a rental that I originally bought as part of 1031 Exchange?

Yes. However, please keep in mind that the IRS will look at your “intent” in determining if your exchange was valid. If the IRS feels your original intention when the property was initially acquired was to use it as a primary residence, you may have your exchange disqualified.

Written by James Brennan on January 20th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption and Second Homes & Vacation Homes.

Does a second home qualify for a starker trade if I dont rent it out?

Establishing qualified use for an investment property and making a property eligible for 1031 treatment is as mysterious as your username! In all seriousness, when a vacation home or second home becomes an investment property is a highly controversial subject in our field. Many attorneys lean towards the conservative 14-day rule where you […]

Written by admin on January 19th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption and Second Homes & Vacation Homes and Calc_Q1.

Vacation Home exchange?

We just exchanged one investment property for a vacation property. In the short term we plan on renting the home out. In the long term we want to make this vacation home our primary residence. How long must we rent it before we can move in? Will there be […]

Written by admin on January 19th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption and Second Homes & Vacation Homes.

Personal Use of Investment Property and Subsequent Sale

My client purchased a small 2 unit property 6 years ago. She used 1 unit for a studio to conduct a small arts business from and rented the other unit out. She listed the property for sale this year and it is currently under contract. What are the tax liabilities associated with this property? And, […]

Written by admin on January 19th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption.

Can I Perform a 1031 Exchange on a primary (non-investment) residence?

As a general rule, no - a non-investment property is not eligible for a 1031 exchange.

Written by admin on January 18th, 2007.
Read more articles on Web Properties and inside1031.com and CardeaCommercial.com and Section 121 Exemption and Personal Property Exchanges and 1031 Calc FAQs and Calc_Q1.