1031 investment property and rent primary residence?

1031 investment property and rent primary residence?

Jackson, WY · Member since 2016 · 88 posts · 9 votes

I will be selling my property with two homes on it- one has been my primary residence and the other a rental.  I would like to take what will be approximately 1/2 of the sale profits (those attributed to the rental home) and do a 1031 exchange with a new home that I will then rent out.

I hope to then rent a place of my own in another town.

Would this be alright?  Thanks in advance!

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  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    9y

    @Henley H., Yes that would be a split use property.  Providing you've lived in the other half for two out of the previous 5 years that half will be tax free.  The 1031 will tax defer the other half.

    The 1031 Investor5137 Reviews
  • Jackson, WY · Member since 2016 · 88 posts · 9 votes
    9y

    Thanks so much!  To clarify, it won't raise flags if I myself am renting a property as my primary residence, while renting the 1031 new purchase out to someone else?

  • Lauren SpeidelPro Member
    Qualified Intermediary for 1031 Exchanges · Chicago, IL · Member since 2017 · 164 posts · 119 votes
    9y
    Henley H. You certainly can do a 1031 in this type of property. Your CPA needs to determine what percentage of the home is used as your primary and which is used as a rental. Most likely, if you’ve been reporting the income on your Schedule E then you’ve been reporting part of the property as a rental. When you purchase your replacement you can purchase another property used in the same manner. You also can use the 1031 portion to purchase a separate property from your primary if you’d like. If you are audited, you may be requested to show that you’ve been renting the correct percentage of the new property. This information would be reported on your tax return and once again the rental income would be reported on your Schedule E.
  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    9y

    @Henley H., Nope, although it certainly could be asked as a question in a field audit.  But that's easy enough to answer with a copy of your lease.

    But your personal living situation is not a concern as long as you're not living in the house you 1031d into.  

    The 1031 Investor5137 Reviews
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