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1031 Exchanges

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Matthew Morrow
  • Investor
  • Pennsylvania
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1031 Question- into self owned LLC?

Matthew Morrow
  • Investor
  • Pennsylvania
Posted Jun 1 2023, 08:29

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? 

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Dave Foster
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#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
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Dave Foster
Pro Member
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied Jun 1 2023, 09:24

@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.

User Stats

282
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Matthew Morrow
  • Investor
  • Pennsylvania
106
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282
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Matthew Morrow
  • Investor
  • Pennsylvania
Replied Jun 1 2023, 09:27

Thanks @Dave Foster. Didnt think this one would be possible but wanted to check. Appreciate you!

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