Investor · PA - NY - NJ · Member since 2019 · 458 posts · 168 votes
We have a client who is looking to sell one of his properties that is in his personal name, and use the proceeds to buy out his existing ownership share in a multi unit he owns. I don't believe 1031 guidance would allow you to exchange into a entity or other asset that you own personally either outright, or as a member of the ownership LLC. I’ve already reached out to our contact in the industry, waiting on some feedback. Anyone have any experience with similar situation?
Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
3y
@Matthew Morrow, You're right. First of all, they can't buy from themselves in a 1031. If the LLC is a single member and doesn't file a tax return then they and the LLC are the same taxpayer.
Second, they must purchase actual real estate and not an interest in an entity that owns real estate. Buying the interests of the LLC would not be purchasing actual real estate even if it was a regarded entity.