Skip to content
Two investors reviewing resources on a laptop

Get industry-leading resources — for free

Unlock resources for every investing strategy and stage with a free account.

By continuing, you agree to BiggerPockets LLC's Terms of Use and Privacy Policy

Followed Discussions Followed Categories Followed People Followed Locations
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

presented by

User Stats

18
Posts
4
Votes
River Ayton
4
Votes |
18
Posts

Capital Gains Tax

River Ayton
Posted

TAX QUESTION!

I am partnering with an individual to do a live in flip. I would live in the house for at least 2 years (to avoid capital gains tax) before selling. My partner would not be living in the house. Will he also avoid capital gains tax?

Most Popular Reply

User Stats

1,324
Posts
862
Votes
Sean O'Keefe
  • CPA | Accepting new clients | 50 States
862
Votes |
1,324
Posts
Sean O'Keefe
  • CPA | Accepting new clients | 50 States
Replied

Flip income ("Real Estate Dealer") is classified as ordinary income and as a result not eligible for the Section 121 Exclusion. The Section 121 Exclusion helps you avoid capital gains taxes.

The IRS classification of income as a "Flip" for Real Estate Dealers is based on a few key factors including "frequency" and "intent". 

I don't have all of the details regarding frequency but it sounds like you intend to flip the property when you purchase it. It is likely that both you and your investment partner will need to pay taxes. I said "likely", because I don't have all of the information to make this determination. 

.

.

.

*This post does not create a CPA-client relationship. The information contained in this post is not to be relied upon. Readers are advised to seek professional advice.

  • Sean O'Keefe
  • [email protected]
  • txt 6282410888
  • Loading replies...