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Updated 2 days ago on . Most recent reply

User Stats

158
Posts
119
Votes
Scott Esmail
  • Investor
  • Orlando, Fl
119
Votes |
158
Posts

Keep Former Primary or Sell Before Section 121 Window Closes?

Scott Esmail
  • Investor
  • Orlando, Fl
Posted
Situation:

We have a home we used to live in. Our tenants are moving out, and we have until this time next year to sell and still qualify for the primary residence capital-gains exclusion (IRC §121). If we re-rent it and sell later, we likely won’t qualify for the exclusion and would be looking at taxes on the gain (or a 1031 at that point).

Numbers (rounded):

  • Market: high-demand, expensive area; prices have moved fast historically

  • Current rent scenario: about break-even to +$1,000/mo (before cap-ex and vacancies); plus mortgage paydown

  • Equity: enough that a sale could fund 3–5 small local rentals in cash in my area

Family consideration:
My wife would like to keep it for our kid to rent/live in someday, but that’s ~10 years away, and it’s possible they may live in another state by then. My concern is selling now and later regretting it if our kids end up here and it’s priced out.

Options I’m weighing:

  1. Sell within the next year and use the §121 exclusion.

    • Pros: harvest tax-free gain; redeploy into 3–5 cash-flow rentals; simplify; diversify.

    • Cons: lose the “legacy house” in a prime area; potential regret if kids want to live here later.

  2. Keep and re-rent for cash flow and appreciation.

    • Pros: maintain foothold in an A location; optionality for kids later.

    • Cons: likely forfeit §121; future sale may need a 1031 (adding timing/loan complexity); modest cash flow now.

  3. Hybrid ideas I’m open to:

    • Sell now, earmark funds in a conservative bucket to help kids buy later (if/when they move back).

    • Sell part of the equity via HELOC/portfolio loan, keep the house, and still buy rentals (trade-off: leverage/risk).

    • Move back in later to re-start the §121 clock (understanding holding costs/complexity and tax rules).

Questions for the group:

  • In a scenario like this, how do you weigh tax-free equity harvesting now vs. long-term optionality in a blue-chip location?

  • Any creative structures you’ve used to preserve optionality for family later (trust/LLC/shared-equity/lease-option) while still making the numbers work today?

  • For those who sold a “legacy” property and reallocated into multiple units, did the diversification and cash flow outweigh the emotional value later? Any regrets?

  • If you kept a similar property and skipped §121, did the future appreciation justify the tax trade-off?

Thanks in advancereal-world experiences (good and bad) are especially helpful

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