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Updated almost 8 years ago on . Most recent reply

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Ryan Kinsella
  • Contractor
  • Phoenix, AZ
89
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Primary Residence / Capital Gains Questions

Ryan Kinsella
  • Contractor
  • Phoenix, AZ
Posted

Hello Everyone,

I have a friend selling his primary residence a little sooner than anticipated and wondered if anyone had come across capital gain tax issues in the past.  Here are the facts:

- Closing date for current primary is end of May and will be a total of 22 months lived in and owned.

- Purchase price was $525k

- Sale $1,025,000

- Improvements- I think he could come up with $350k or so.  Complete gut plus added pool/ect.

- Paying 6% closing costs

- New primary residence he is purchasing will be closing same day at $1,150,000

Thoughts/ Ideas?

Most Popular Reply

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Dave Foster
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
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Dave Foster
#1 1031 Exchanges Contributor
  • Qualified Intermediary for 1031 Exchanges
  • St. Petersburg, FL
Replied

@Jay Baker, the 1031 exchange is only available for investment property.  your primary residence falls under sec 121 and as @Christopher Phillips said in order to qualify you must have lived in the property for 2 out of the 5 years prior to selling.  @Ryan Kinsella, the only way your friend can avoid capital gains on this sale is if he qualifies for one of a very few exceptions to the residency requirement such as a job transfer or medically related reason.  Or, he could do a 1031 but only if he moved out and converted it into an investment property and held for a bit of time.

I'd calculate the potential tax and maybe offer an incentive for a 60 day delayed closing on the two properties.  

  • Dave Foster
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The 1031 Investor
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