Advice for selling SFH for max profit/1031 exchange eligibility

Advice for selling SFH for max profit/1031 exchange eligibility

Member since 2020 · 7 posts · 1 vote

Hello! my Aunt is looking to sell her 4br/2ba SFH in Commack on Long Island. They are inexperienced and I believe are working with an agent who isn't investor savvy. Wanted to try and give her advice on getting the most for the sale/if she can and should use a 1031 exchange.

I believe the exchange can only be used for rental properties? They have been renting out one of the rooms but I don’t think were reporting it. I know it’s a long shot but is there any way they could now report the past rental income, pay taxes on it, and then be eligible for the 1031 exchange? I’m assuming the taxes paid for the rent would be lower than the savings on the sale.

Sorry if that’s a silly question. If you have any other suggestions on her sale for getting the most I’d appreciate it. Right now she has a lot decluttering to do, and I recommended possibly an interior repainting as well. Thank you for your time!!

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  • Jaron WallingPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
    5y

    @Hunter Burrell If it was a primary residence for 2/5 previous years she doesn't need a 1031 exchange. She would qualify to exclude up to $250K gain as an individual, or $500K if filed jointly. 
    I don't see how renting a room would affect this rule and I certainly wouldn't tell Uncle Sam about it. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    5y

    @Hunter Burrell, The portion of the property used for investment would qualify for a 1031.   But if they haven't been reporting it then doing a 1031 could certainly raise all kinds of flags to the illegal activity.  They can certainly file an amended tax return.  Whether that's worth it or not remains to be seen.

    As @Jaron Walling said, if they've lived in it fro 2 out of the last  years they can get up to $500K tax free.  And if the rental portion was indeed just a room inside the main living area then that portion also could fall under the primary residence exclusion just like a home office.

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