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New Member
posted Jan 3, 2021 2:18:38 PM

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

Changing our primary residence to Florida.  Will we have to pay capital gains tax on our old property when selling?

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1 Best answer
Level 15
Jan 3, 2021 2:30:11 PM

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 Replies
Level 15
Jan 3, 2021 2:30:11 PM

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