1031 - LLC with intent to separate from LLC partner.

[Steve Gordon]

I read the below posting regarding 1031 but have a twist on the question of which I'm hoping someone has an idea.  NOTE: I will be asking my attorney and accountant but was hoping for additional information here.

https://www.biggerpockets.com/forums/311/topics/27...

I am a member of a LLC that has owned an apartment building for ~ 8 years, when our balloon payment comes due [in 2 years] we plan on selling and 1031 into another building(s).

My question is how do we purchase 2 buildings [1 for each member] and ultimately transfer title into separate LLCs and disolve our existing LLC? We are interested in separating ways and I'm looking for solutions to prevent taxation on our gains and to allow us to move forward separately [if possible].

Any suggestions or ideas?  Appreciate any information you share.

[Dave Foster]

@Steve Gordon, Not an uncommon scenario. As the taxpayer for the relinquished apt building the LLC will need to do a diversification exchange selling the one apt. building and buying two replacement properties. Care and coordination will need to be taken to ensure correct evaluation and basis allocation. After the completion of the exchange your accountant will dissolve the LLC and distribute the assets to the members who may choose to take those in whatever entity form they choose. The purchase of the two buildings is tax deferred by virtue of the 1031 and the dissolution and distribution can be done without triggering a tax event.