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Tax, SDIRAs & Cost Segregation

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Max Kats
  • Rental Property Investor
  • Sayreville, NJ
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1031 question on multi member LLC

Max Kats
  • Rental Property Investor
  • Sayreville, NJ
Posted Aug 3 2020, 07:00

I have been pondering this tax question for some time. Maybe you guys can help me out. If you own a property in an LLC and sell the underlying property who gets 1031 tax treatment. Do you have to purchase the new asset in the same LLC or will it flow through to the member.

So if I am member of 123 Main Street LLC which owns a duplex and then sells that duplex. Will the 1031 exchange be done by Myself or by 123 Main Street LLC.

If it's done by 123 Main Street LLC is it a hassle to change the name later if new asset is 321 Broad Street. It can be confusing when someone owns several entities not named after the underlying assets.

What i want to 1031 the proceeds but my partner is comfortable with tax hit or we want to invest in separate properties can I 1031 my half, or dies it have to be 123 Main Street LLC that does the exchange?

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