Can I defer capital gains and keep low prop19 (CA) Tax ?

Can I defer capital gains and keep low prop19 (CA) Tax ?

Member since 2021 · 56 posts · 5 votes

I am the POA for my dad. His house has high capital gains taxes (bought it 1983) and low property 19 (CA) tax base. Can I keep property 19 tax base on a 1031 exchange ? ( I have heard no)

Could I do the 1031 exchange and rent out the house for a while and then move him back in as his primary residence and apply the property 19 tax base at that time ? I believe you have 2 years to claim the property 19 tax base and he must have lived in it for 2 of the last 5 years to qualify as a primary residence ?

Could he claim the property 19 tax base if he bought a new primary residence and also did a 1031 exchange on the original primary residence ? We are renting the property now and I know we have to meet the 1031 guidelines to do the exchange.

The motivation for the sale is he needs care right now and I would like to have a larger more functional house available for him to be cared for.

Maybe there is another method to minimize capital gains taxes that make it easier to sell and keep the property 19 tax base ? I have heard a few methods,

Thanks!

0Reply
31 views

3 Replies

Jump to latestLatest
  • Real Estate Agent · Oakland, CA · Member since 2021 · 34 posts · 15 votes
    4y

    This is very much worth verifying with a professional - perhaps a 1031 company like IPX1031 - and  also, depending what city the house is in, know what tenant eviction laws are like. You def want your dad to be able to move back in when the time comes!

    This chart is very helpful too: https://www.boe.ca.gov/prop19/...

    Good luck!

  • Member since 2021 · 56 posts · 5 votes
    4y
    Quote from @Susie Wyshak:

    This is very much worth verifying with a professional - perhaps a 1031 company like IPX1031 - and  also, depending what city the house is in, know what tenant eviction laws are like. You def want your dad to be able to move back in when the time comes!

    This chart is very helpful too: https://www.boe.ca.gov/prop19/...

    Good luck!


     I did check with 1031 companies and had mixed advice. Some conflicting information.

  • Member since 2024 · 39 posts · 2 votes
    2y

    Proposition 19 $1million exemption is owner to owner and that claim needs to be within a year which is ridiculous.  Help us to #FiXProp19 by #RepealTheDeathTax. Download, print, wet ink sign and submit. Signer can be Circulator (witness for self and others). Complete BOTH sections. We need 1.3 million signatures to get on November 2024 ballot. Volunteer and Download petition at ForCalifornians.com or RepealTheDeathTax.com.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.