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Prithvi Sri
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71
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1031 Exchange - Short term capital gains - how are they treated?

Prithvi Sri
Posted

I bought a commercial property some six months ago in a 1031 exchange. Now, there is a good demand for the commercial property and I might be able to sell it for a pretty premium. The idea is to sell it and move the money into a different real estate investment as part of a 1031 exchange. The question I have is, I know the cost basis gets carried forward with a 1031 exchange. Say for example, I eventually decide to sell the next property for cash. So, will the profit I am booking on the current property is treated as "short term capital gains". If this is confusing, see the timeline.

Property A - Bought in 2005 for 800K. Sold in 2021 Feb for 1.7M.

Property B - Bought in March 2021 for 1.8M (original contract was in Nov'20 which got me the lower price). This is the property I now have in my hand. I have a couple of offers for 2.4M. I might finally get some 2.45 to 2.5M for this.

Property C - When I sell Property B, I will most likely buy a different property. 

My question is, when I eventually sell property C for cash (or Biden gets rid of 1031 benefits), will the profit I am making on Property B are treated as short term capital gains or long term capital gains?

I hope this question makes sense. Would love to hear your feedback and also any stories of your adventures like this. Thank you.

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