Question
ARTE's Answer
When considering whether you can use a 1031 exchange for a property flip, it's important to understand the fundamental requirements of a 1031 exchange. The Internal Revenue Code Section 1031 allows for the deferral of capital gains taxes when you exchange real property held for productive use in a trade or business or for investment for like-kind property. The key here is the purpose for which the property is held.
Flipping properties typically involves buying a property with the intent to renovate and sell it quickly for a profit. This activity is generally considered a trade or business rather than an investment. The IRS requires that properties involved in a 1031 exchange be held for investment or for use in a trade or business, not for resale. Therefore, properties held primarily for sale, such as flips, do not qualify for a 1031 exchange.
To illustrate this with an example, let's say you purchase a property with the intent to flip it. You buy a house for $200,000, spend $50,000 on renovations, and plan to sell it for $300,000. Since your primary intent is to sell the property for a profit, the IRS would classify this as inventory, not an investment. As a result, you would not be able to defer the capital gains taxes through a 1031 exchange.
However, if you were to hold the property for a longer period, say as a rental property, and your intent shifted to holding it for investment purposes, you might then qualify for a 1031 exchange. For example, if you rented out the property for a couple of years and then decided to exchange it for another investment property, you could potentially use a 1031 exchange to defer the capital gains taxes.
At Deferred.com, we offer qualified intermediary services to facilitate 1031 exchanges. If you were to engage in a qualifying exchange, we would act as the intermediary to ensure compliance with IRS regulations. For instance, if you decided to exchange your rental property for a new investment property, we would handle the sale of your relinquished property and the acquisition of the replacement property, ensuring that you do not have constructive receipt of the funds, which is crucial for maintaining the tax-deferred status of the exchange.
In conclusion, while a flip does not qualify for a 1031 exchange due to its classification as inventory, holding a property for investment purposes can make it eligible. If you have any further questions or need assistance with a 1031 exchange, feel free to reach out to us at Deferred.com.
Have more questions? Call us at 866-442-1031 or send an email to support@deferred.com to talk with an exchange officer at Deferred.
Sources
- TAM 200039005 (Failed Reverse Exchanges)
- Goolsby v. Commissioner
- Rev. Rul. 2002-83 (Related Party Exchanges)
- What To Do About Exchange Expenses in a Section 1031 Exchange? (Article)
- Deferring Losses On The Sale of Property Using 1031 Exchanges
- IRS Info Letter 2007-0009 (Reverse Exchanges Do Not Qualify for Postponement)
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