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Investors & landlords
These type of transactions can be difficult. I will make the following comments:
- Properties are of like kind if they are of the same nature or character, even if they differ in grade or quality. Personal properties of a like class are like-kind properties. It looks like you qualify for a LKE.
- In general, if you have real and personal property you need to determine exchange groups.
- Your relinquished property has some personal property and I assume that the replacement property has some as well. If personal property is "incidental" to a larger exchange of real property (your single family property) it is not treated as a separate exchange group. Property is incidental to a larger item of property if the property is typically transferred together with the larger item of property and the aggregate FMV of all incidental property does not exceed 15% of the aggregate FMV of the larger item of property. You will need to make this determination for your transaction. If your personal property, appliances, etc. fall within this parameter then you only have to address a single LKE transaction.
- Your renovations, unless they qualify as a repair (not addressed in this discussion), will need to be added to the basis of your current property.
- If you are able to group your property as one property, then you will now need to determine an overall gain for purposes of the LKE.
- Here is a link for form 8824 https://www.irs.gov/pub/irs-pdf/f8824.pdf
- Here is a link for form 8824 instructions https://www.irs.gov/pub/irs-pdf/i8824.pdf
- You will note in the instructions that you have the ability to leave some lines on the 8824 blank and just attach your own statement if you don't qualify as a single group as noted above.
- If you do qualify as a single group for exchange purposes, you should not have any recognized gain; everything should be deferred. If there was no cash involved in the exchange, then keep in mind that your basis in the replacement property is the same as your relinquished property regardless of its FMV.
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
Also keep in mind the date of replies, as tax law changes.
‎June 4, 2019
10:36 PM