Can you sell a property from yourself to you llc for 1031?

Can you sell a property from yourself to you llc for 1031?

Member since 2019 · 109 posts · 12 votes

Wondering if you can sell an investment property that's in a SMLLC (with the intent of doing a 1031 exchange) and then for the new purchase, buy a property that you own personally? So, the primary residence would be sold to the LLC to then be used as an investment property.

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Natalie KolodijBusiness Member
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Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
7y

No. 

You and your SMLLC are the same for tax purposes. 

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  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    7y

    No. 

    You and your SMLLC are the same for tax purposes. 

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    7y

    There is a way to potentially do something similar utilizing an S corporation- but it requires sitting down with a  tax pro to work out the logistics correctly.

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    7y
    Originally posted by @Hen Ley:

    So, the primary residence would be sold to the LLC to then be used as an investment property.

    Can't 1031 primary residences and wouldn't want to anyway if you've occupied for at least 2 years.  Tax-free gain up to $500k If married 👍

  • Member since 2019 · 109 posts · 12 votes
    7y

    @Steve Vaughan, thanks, but to clarify, the primary would be a purchase, jut like buying any primary residence from a stranger and making it an investment property.

  • Member since 2019 · 109 posts · 12 votes
    7y

    @Natalie Kolodij, Thanks so much for your insights, much appreciated!

  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    7y

    I can't understand your question...but, you can 1031 from investment property A into investment property B and then later convert property B into your primary residence (rules apply).  Some do this to purchase their dream retirement home.

  • Specialist · New York City, NY · Member since 2019 · 53 posts · 28 votes
    7y

    @Hen Ley not sure but wouldn’t the arm’s length rule apply here?

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