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New Member
posted Jun 1, 2019 8:37:52 PM

My brother and I own residential real estate that we are selling.How can the capital gains be deferred if on the new property purchased,my brother is not listed?

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1 Best answer
Level 15
Jun 1, 2019 8:37:56 PM

Yiou cannot defer the capital gain, since you are not doing a Like Kind Exchange.  A rental cannot be exchanged for a personal residence.

5 Replies
Level 15
Jun 1, 2019 8:37:53 PM

Is it a rental property?

New Member
Jun 1, 2019 8:37:54 PM

Yes.  It is a townhouse that my parents originally purchased (my parents continued to live there after transferring title to my brother and me and paid monthly rent).

Level 15
Jun 1, 2019 8:37:55 PM

and did you do a 1031 exchange for another rental property for which you are the sole owner?

New Member
Jun 1, 2019 8:37:55 PM

Thank you.  I have not yet completed the purchase for the other real estate property (which I intend to use as my primary residence).  I have also not yet signed the contract to sell the current property that my brother and I own.

Level 15
Jun 1, 2019 8:37:56 PM

Yiou cannot defer the capital gain, since you are not doing a Like Kind Exchange.  A rental cannot be exchanged for a personal residence.