Build 3 townhomes, keep 1 for primary residence

Build 3 townhomes, keep 1 for primary residence

Member since 2018 · 9 posts · 3 votes

Hi there, newbie here with a question I haven't found in my searches on BP. 

I'm an architect, developer, and general contractor. I own a small lot free and clear in the downtown of our small city just outside Seattle, WA. I've been running the numbers on building three townhouses on the lot, selling two and keeping one to live in as a primary residence and as an asset. (We just short platted a larger lot, and own the triplex on the adjoining lot, freeing up the newly created lot for development). 

Does any one have experience with this? What I can't figure out is what the tax implications are for keeping the third unit, if any. Obviously if we sell the first two we pay the standard RE fees, ordinary income tax, etc. But how is the third unit evaluated by the IRS? We'd probably make enough money on the first two sales to offset our mortgage quite a bit on the unit we keep. Does anyone know if we get taxed on any portion of the unit we keep and live in? Or maybe it's just seen as building ourselves a home and there is no tax until we sell later, hopefully after 2+ years to avoid capital gains. I'm not sure how to evaluate what the implications are for keeping the third unit. 

Any insight is appreciated, thanks. 

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Dave FosterBusiness Member
Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
7y

@Cary Westerbeck, Ah claro.  I didn't see the entity issue.  @Stanley Bronstein's right on with his suggestion of two building entities.  That keeps things separate from the get go yet still gives you a documented starting basis.  

The problem in a sale to yourself as mentioned by Stanley is the opportunity to basis shift so load more profit onto the unit sold to  you.  The IRS would not like that as you'll be eliminating that profit down the road.

The 1031 Investor5140 Reviews
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  • Real Estate Broker · Seattle, WA · Member since 2017 · 7 posts · 2 votes
    7y

    I believe that if its your primary residence (3rd home) then it would be taxed as normal... But I would double check with a RE CPA

  • Member since 2018 · 9 posts · 3 votes
    7y

    Thank you Benjamin. I will ask my CPA for sure. I figured someone here on BP might have done this before and would have an experience with this situation. It almost seems too easy, so I want to be sure I'm not missing something. 

  • Real Estate Broker · Seattle, WA · Member since 2017 · 7 posts · 2 votes
    7y

    I hope it is as easy as it appears! If it is, please share! :)

  • Real Estate Broker · Seattle, WA · Member since 2017 · 7 posts · 2 votes
    7y

    I just thought of one other thing... You could potentially refinance the two other townhouses as rentals, rather than selling them, and then pay down on your townhome. OR you could go buy another investment property with the money you pull out from the refi... Not sure if you've talk to a lender about doing something like this, but could be good to find out if you could do something like that, and then ask the CPA what is best for tax purposes.  

  • Member since 2018 · 9 posts · 3 votes
    7y

    My first thought is always to buy or build and hold, not to sell at all. The backstory here is that I've designed, developed, and fully permitted and entitled a fourplex (3 apartments, 1 commercial space) for this property. We're currently in the construction financing phase and not sure if the project pencils out as it did a year ago. Construction costs have skyrocketed in 2018 and the DSCR is starting to look thin. So if we're granted financing we'd be able to start building literally tomorrow. However, I now have to take a big step back and figure out what other projects could pencil out better for this lot. Development is a big risk, and I'm feeling it! But I have options, and with my skill set I can save myself a lot of money designing and entitling a new project if absolutely necessary, which is why I started running numbers on the townhouse scheme. I would definitely build and hold them as rentals if it penciled out, but if it didn't I'd sell. The proforma for renting is pretty easy, but the build and sell is actually more tricky given the IRS issues....or maybe not!

  • Attorney, CPA, Broker & Author · Scottsdale, AZ · Member since 2018 · 532 posts · 488 votes
    7y

    @Benjamin Bollman is correct.  @Cary Westerbeck you keep separate records and don't combine anything. Everything you do for the personal residence unit should be separate. Separate contracts, separate loan, everything.

    Alternatively, if you are building them with a separate company you have, you could then simply sell yourself the unit once it's complete. However, you have to take care to not sell it below market, as you could create problems there.

    BUT, more than anything, talk to your CPA (and possibly an attorney) and plan it all out, IN ADVANCE. Once you plan it out, stick to the plan.

  • Member since 2018 · 9 posts · 3 votes
    7y

    @Stanley Bronstein Thank you so much. This is really helpful. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    7y

    @Cary Westerbeck, each unit is going to have it's own basis which is the proration of all costs of acquisition and construction.  The taxability will be based on the use of the property.  If you sell two of them you are using them as inventory and will pay ordinary income tax.  If you hold two of them and rent them you are treating them as investment so they're eligible for 1031 exchanges and if you own them more than a year you would only be taxed at capital gains.

    But the best news - If you move into one it becomes your primary residence.  After you've lived in it for two years you can sell and the first $250K ($500K if married) of profit is tax free.  I have friends who for years build two customs at a time.  When done they move into one and sell one.  They pay ordinary tax on one and use the rest to fund living and acquisition of their next builds.  The other house was tax free after two years.  

    It's an incredible model - go for it!

    The 1031 Investor5140 Reviews
  • Member since 2018 · 9 posts · 3 votes
    7y

    Thanks @Dave Foster! This is the scenario I know best too. We've done both 1031 exchanges and also benefited from the $500K exemption as a married couple a few times when selling past primary residences. Many friends and family have done the build/buy and live for 2 years in the home then sell method, so that's in our list of possibilities as well.

    My main question revolves around whether there are any tax consequences that we need to think about when taking possession of the third home, as Stanley mentioned above, i.e. whether our development company has to sell it to us as a private couple, and whether we're allowed to give ourselves a lower price without adding a markup, or gross up. Those are unknowns I still need to get settled. 

    Really appreciate your comments and encouragement, it's so helpful. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    7y

    @Cary Westerbeck, Ah claro.  I didn't see the entity issue.  @Stanley Bronstein's right on with his suggestion of two building entities.  That keeps things separate from the get go yet still gives you a documented starting basis.  

    The problem in a sale to yourself as mentioned by Stanley is the opportunity to basis shift so load more profit onto the unit sold to  you.  The IRS would not like that as you'll be eliminating that profit down the road.

    The 1031 Investor5140 Reviews
  • Attorney, CPA, Broker & Author · Scottsdale, AZ · Member since 2018 · 532 posts · 488 votes
    7y

    @Cary Westerbeck Everything you do needs to have a reasonable basis and should be defensible. You can sell to yourself at the bottom of the market, but you shouldn't sell to yourself below market. Everything should be documented and you should have a clear paper trail showing your intent, at all steps along the way, especially if you want to 1031 later. @Dave Foster can talk more about intent, but it's an important part of doing a successful 1031 exchange.

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