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Updated 3 months ago on . Most recent reply presented by

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Kathy G.
  • OH
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1031 exchange within an existing SDIRA

Kathy G.
  • OH
Posted

Can a non-accredited investor in an already established SDIRA, within a 506(b) multi-family syndication, do a 1031 exchange to another syndicated property (with same operators), if the new 506(c) offering required investors to be accredited, and the investor is not?  Is it possible for the investor to exit this deal at a later date? What, if any, are the ramifications if the operators did no due diligence to make sure investors needed to be accredited?  Just to complicate things further, a capital call has been issued. 

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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
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Dmitriy Fomichenko
#1 New Member Introductions Contributor
  • Solo 401k Expert
  • Anaheim Hills, CA
Replied

@Kathy G.,

A couple of things don't fit here:

1. You can't do 1031 exchange for your share of the MF property. If 1031 is to be implemented it must be done on the property level.

2. 1031 generally does not apply to IRAs since they are tax-exempt. 

3. The accredited investor status question should be addressed by the investment sponsor, regardless of the comments you read here.

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