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Level 2
January 3, 2021
Solved

Do we have to pay capital gains tax when selling a seasonal property? What about a 1031 exchange?

  • January 3, 2021
  • 1 reply
  • 23 views
Changing our primary residence to Florida.  Will we have to pay capital gains tax on our old property when selling?
    Best answer by Anonymous_

    In order to qualify for like-kind (1031) exchange treatment, the property must be held for productive use in a trade or business or for investment. 

     

    See https://www.law.cornell.edu/uscode/text/26/1031

     

     

    The IRS also provides a safe harbor for such exchanges.

     

    See https://www.irs.gov/pub/irs-drop/rp-08-16.pdf

    1 reply

    Level 15
    January 3, 2021

    In order to qualify for like-kind (1031) exchange treatment, the property must be held for productive use in a trade or business or for investment. 

     

    See https://www.law.cornell.edu/uscode/text/26/1031

     

     

    The IRS also provides a safe harbor for such exchanges.

     

    See https://www.irs.gov/pub/irs-drop/rp-08-16.pdf