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Updated about 3 years ago on . Most recent reply presented by

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Jake Paul
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I co own with my brother - Would he be taxed on capital gains?

Jake Paul
Posted

Background: I bought my place in July 2020. It is my primary residence for almost 2 years, however on the title of the home my brother is listed as 25% owner. We would like to sell the property in order to upgrade to a home 8-12 months from now.

Question: If I were to sell I wouldn't be taxed on capital gains, but would my brother be taxed? If he would, is there a way we can get around that? We plan on using the full amount as a down payment on our next property. Also, how long would I have to purchase a new property? We would like to wait 1 year +


Any advice is appreciated. Thank you.

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Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
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Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
Replied

Yes, he will. 

If this was ever a rental, then you should have filed a partnership return most probably. 

If this was just a primary residence and he owned 25% of it, using the money for another down payment is not going to help him avoid taxes. 

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