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Updated over 10 years ago, 05/25/2014
Have your LLC sell a home to yourself for tax savings
I have what seems to me to be a potentially complex question, som here goes:
I own a lot in my own name. This lot is actually 3 combined build able lots (yes it's all legal/permitable, etc so please don't get distracted by that). I have money lined up from friends etc and my other friend will be the builder. Profit margins etc look and are fantastic.
I want to set up an LLC, roll the property into this llc, build the 1st home with the $225,000 of lent money. Sell the home and 1031 the profits into the 2nd build.
FIRST QUESTION: due spec builds qualify for 1031? The land and everything was purchased and handled as an investment and I would hire the 3rd party to hold the money etc. but before any of this IS IT possible/legal????
Next, I would rinse and repeat for the 2nd house and for the final 3rd house.
It is on this house i would like my LLC to sell my personally the house (at cost) and 1031 and $$$ into a new project, live in the 3rd for 2yrs + and qualify for the capital gains exemption, which would/could be in the $300k margin.
Not sure if this is too complex OR even able to legally stand up against a tax audit.
Advice or a lead to someone who would know (lawyer/CPA w/ real estate exp) would be greatly appreciated!!!!
Thnx
Drew