Childhood Property Has Been Transferred to me by quick claim deed...

Childhood Property Has Been Transferred to me by quick claim deed...

Rental Property Investor · Charlotte Hall, MD · Member since 2020 · 29 posts · 13 votes

A bit of a backstory.  A couple of years ago following the death of my father, my mother transferred ownership of a property in another state to me and my wife by way of quit claim deed.  I did not put much thought into it since it was only a few months after my fathers passing and had a lot on our minds and plates.  

Flash forward to now.  My wife and I are part owners in a real estate investment company that has 5 properties (3 are in Maryland, 2 are in Oklahoma).  We are in the process of renovating a property to move my elderly mother into here in Maryland.  That now leaves me with the issue of managing the property in Oklahoma that she is moving out of.  We have now realized that we will be getting hit with a capitol tax gain on the property that was deeded to my wife and I.  I know the obvious route of 1031 but just curious if anyone has any other "out-of-the-box" ideas on how we could avoid these taxes.  We were really hoping to sell the property in Oklahoma and drop the net proceeds into this house in Maryland but we already purchased this house in Maryland because I needed the time to complete the renovations.  With that, we are looking at listing her current property in spring summer 2024 which means we would have owned this house in MD for over aa year so a reverse 1031 is not even an option.

Assuming some of the answers will be to just 1031 it into yet another property.  I have also thought about deeding it back to my mother but I honestly do not know what the tax implications would be then either.

Any ideas will be greatly appreciated.

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Jaron WallingPro Member
Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
3y

@Justin Walters That's amazing. @Dave Foster is a resident 1031 exchange expert in the forums. He can answer pretty much any question about it. Maybe you can find some passive looses to cover the tax. Anything is possible! 

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  • Jaron WallingPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
    3y

    @Justin Walters Sorry for your lose. You really need to connect with a local tax professional given this situation. I wouldn't just assume you'll be hit with capital gains. In a lot of situations real estate that's passed down is taxed at a "stepped up" basis. 

    "My wife and I are part owners in a real estate investment company" - This could be throw a wrench in my above statement but you still need to connect with a professional. The 1031 exchange is a tool and strategy to scale. It's not ideal for novice investors. We don't know your REI experience level but what are your long term goals? Are you guys trying to scale a portfolio? Do you want manage and own rentals? This is important to know since you're starting the journey.

  • Rental Property Investor · Charlotte Hall, MD · Member since 2020 · 29 posts · 13 votes
    3y
    Quote from @Jaron Walling:

    @Justin Walters Sorry for your lose. You really need to connect with a local tax professional given this situation. I wouldn't just assume you'll be hit with capital gains. In a lot of situations real estate that's passed down is taxed at a "stepped up" basis. 

    "My wife and I are part owners in a real estate investment company" - This could be throw a wrench in my above statement but you still need to connect with a professional. The 1031 exchange is just a tool and strategy to scale. It's not designed for novice investors. We don't know your REI experience level but what are your long term goals? Are you guys trying to scale a portfolio? Do you want manage and own rentals? These are important aspects of starting or continuing this journey.

     Thank for the reply @Jaron Walling.  I should have mentioned it but I have been in discussions with our CPA and I will still end up with a tax bill even after the step up analysis.  I was just curious if there were any ideas that I could consider other than the obvious ones we have come across.  

    As for our portfolio, we have six total properties spanning from Ohio, Oklahoma and Maryland. All but one are LTR with the last one being a STR here in MD. We have every intention of scaling our portfolio but with this one specific property, we were hoping to sell to dump the money into the debt obtained while scaling out our current portfolio.

    Thanks again for taking the time to respond.

  • Jaron WallingPro Member
    Rental Property Investor · Indianapolis, IN · Member since 2018 · 4k+ posts · 4k+ votes
    3y

    @Justin Walters That's amazing. @Dave Foster is a resident 1031 exchange expert in the forums. He can answer pretty much any question about it. Maybe you can find some passive looses to cover the tax. Anything is possible! 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    3y

    Thanks for the shout out @Jaron Walling.  @Justin Walters, Since you have a portfolio and it sounds like you're active investors you may want to still do the 1031 and purchase another investment property.  If you're concerned with paying down the mortgage on the MD property you could do a cash-out refi on the replacement property as soon as you purchase it.  I realize that this still leaves you with a mortgage.  But it restructures the debt so it is solely on your investment properties and not on your mom's new house.

    Otherwise, sell and pay the tax.  No one ever went broke paying tax on profit.  It just feels like it!

    The 1031 Investor5140 Reviews
  • Rental Property Investor · Charlotte Hall, MD · Member since 2020 · 29 posts · 13 votes
    3y
    Quote from @Dave Foster:

    Thanks for the shout out @Jaron Walling.  , Since you have a portfolio and it sounds like you're active investors you may want to still do the 1031 and purchase another investment property.  If you're concerned with paying down the mortgage on the MD property you could do a cash-out refi on the replacement property as soon as you purchase it.  I realize that this still leaves you with a mortgage.  But it restructures the debt so it is solely on your investment properties and not on your mom's new house.

    Otherwise, sell and pay the tax.  No one ever went broke paying tax on profit.  It just feels like it!

    @Dave Foster thank you for the advice.  I had not considered 1031 it into a new property and THEN doing a cash out to pull those funds back out.  Thank you for your time and feedback!

  • Real Estate Agent · Tulsa, OK · Member since 2019 · 130 posts · 66 votes
    3y
    Quote from @Justin Walters:

    A bit of a backstory.  A couple of years ago following the death of my father, my mother transferred ownership of a property in another state to me and my wife by way of quit claim deed.  I did not put much thought into it since it was only a few months after my fathers passing and had a lot on our minds and plates.  

    Flash forward to now.  My wife and I are part owners in a real estate investment company that has 5 properties (3 are in Maryland, 2 are in Oklahoma).  We are in the process of renovating a property to move my elderly mother into here in Maryland.  That now leaves me with the issue of managing the property in Oklahoma that she is moving out of.  We have now realized that we will be getting hit with a capitol tax gain on the property that was deeded to my wife and I.  I know the obvious route of 1031 but just curious if anyone has any other "out-of-the-box" ideas on how we could avoid these taxes.  We were really hoping to sell the property in Oklahoma and drop the net proceeds into this house in Maryland but we already purchased this house in Maryland because I needed the time to complete the renovations.  With that, we are looking at listing her current property in spring summer 2024 which means we would have owned this house in MD for over aa year so a reverse 1031 is not even an option.

    Assuming some of the answers will be to just 1031 it into yet another property.  I have also thought about deeding it back to my mother but I honestly do not know what the tax implications would be then either.

    Any ideas will be greatly appreciated.


     What part of Oklahoma?

  • Rental Property Investor · Charlotte Hall, MD · Member since 2020 · 29 posts · 13 votes
    3y
    Quote from @Tom O'Stasik:
    Quote from @Justin Walters:

    A bit of a backstory.  A couple of years ago following the death of my father, my mother transferred ownership of a property in another state to me and my wife by way of quit claim deed.  I did not put much thought into it since it was only a few months after my fathers passing and had a lot on our minds and plates.  

    Flash forward to now.  My wife and I are part owners in a real estate investment company that has 5 properties (3 are in Maryland, 2 are in Oklahoma).  We are in the process of renovating a property to move my elderly mother into here in Maryland.  That now leaves me with the issue of managing the property in Oklahoma that she is moving out of.  We have now realized that we will be getting hit with a capitol tax gain on the property that was deeded to my wife and I.  I know the obvious route of 1031 but just curious if anyone has any other "out-of-the-box" ideas on how we could avoid these taxes.  We were really hoping to sell the property in Oklahoma and drop the net proceeds into this house in Maryland but we already purchased this house in Maryland because I needed the time to complete the renovations.  With that, we are looking at listing her current property in spring summer 2024 which means we would have owned this house in MD for over aa year so a reverse 1031 is not even an option.

    Assuming some of the answers will be to just 1031 it into yet another property.  I have also thought about deeding it back to my mother but I honestly do not know what the tax implications would be then either.

    Any ideas will be greatly appreciated.


     What part of Oklahoma?


     Southeast Oklahoma

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