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Len44
New Member

Can I do a Section 1031 deferral after a seller financed installment sale?

Searching: "In 2014 I sold a rental property to my tenant using a seller financed loan, which was reported on form 6252. No cash was received from the seller at the 2014 closing. Each year since, the interest received was reported on a schedule B. The final closing and baloon payment is at the end of this month. Am I eligible for a Section 1031 rollover for the purchase of a similar rental property? "
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Can I do a Section 1031 deferral after a seller financed installment sale?

If you received any principal payment from 2014 to present it would most likely disqualify you for the sale to be a 1031 exchange.

I would suggest meeting with an intermediary and seek some legal advice prior to the balloon payment.

Below from the IRS web site:https://www.irs.gov/newsroom/like-kind-exchanges-under-irc-code-section-1031

Are there restrictions for deferred and reverse exchanges?

It is important to know that taking control of cash or other proceeds before the exchange is complete may disqualify the entire transaction from like-kind exchange treatment and make ALL gain immediately taxable.

If cash or other proceeds that are not like-kind property are received at the conclusion of the exchange, the transaction will still qualify as a like-kind exchange.  Gain may be taxable, but only to the extent of the proceeds that are not like-kind property.

One way to avoid premature receipt of cash or other proceeds is to use a qualified intermediary or other exchange facilitator to hold those proceeds until the exchange is complete.

You can not act as your own facilitator. In addition, your agent (including your real estate agent or broker, investment banker or broker, accountant, attorney, employee or anyone who has worked for you in those capacities within the previous two years) can not act as your facilitator.

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