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Wally Katz
  • Philadelphia, PA
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1031 to personal residence (already owned?)

Wally Katz
  • Philadelphia, PA
Posted

Have a semi complicated scenario I can't quite find the answer to. Managing member of an LLC that owns investment property (with a silent partner's equity). Would it be possible for the LLC to sell the investment properties and then 1031 exchange the proceeds into the silent partners primary residence (they do not have a mortgage on their primary res)? I understand the title would change and legalese blah blah, but eventually the silent partner could just be basically given (eventual) control of the LLC no?

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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
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Russell Brazil
  • Real Estate Agent
  • Washington, D.C.
ModeratorReplied

1031's are for "like kinded" properties. That means you trade an investment property for another investment property. They can not be used to shelter taxes from a primary residence sale or into a primary residence.

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