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1031 Like Kind exchange

pg47
Level 3

Home sold (not a personal residence) and not a rental. Relative lived there rent free for decades. The next

day client bought another home with same purpose. Can this be for investment use and qualify as like kind e

 

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BobKamman
Level 15

Couldn't do Section 1031 anyway, the property is not used for business or rental. 

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7 Comments 7
dkh
Level 15

To qualify as 1031 exchange - client cannot have received the proceeds from the property sold.  Monies  have to have been held by realty handling the 1031 exchange.

PATAX
Level 15

Pg, do not take this the wrong way but this is a unique issue and I would suggest that you read up on it and do some research... I'm just trying to help you and just my opinion....

BobKamman
Level 15

Couldn't do Section 1031 anyway, the property is not used for business or rental. 

sjrcpa
Level 15

To qualify for like kind exchange treatment property must be held  for productive use in a trade or business or for investment. Section 1031(a)(1).

Holding so your relative can live there rent free does not qualify. The rent free use by the relative makes it personal use property under 280A.


Ex-AllStar
pg47
Level 3

Thank you so much for a straight forward answer. Much appreciated.

pg47
Level 3

Thank you.

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pg47
Level 3

Thank you for your reply. Much appreciated.

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