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Updated over 5 years ago on . Most recent reply

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Farrukh Amini
  • Rental Property Investor
  • Jersey City, NJ
80
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176
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Can I use 1031 to invest in syndication?

Farrukh Amini
  • Rental Property Investor
  • Jersey City, NJ
Posted
    What if you wanted to take the capital gains from a investment property (title held personally) and put it into a syndication as a passive investor? Could you contribute the cap gains to the LLC and have that LLC be the member of the multi-member syndication?

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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

@Farrukh Amini, Nope that won't work in 1031 world.  The taxpayer for the old property has to be the same as for the new property.  When you invest in an LP syndication the LP is the taxpayer or owner for the new property.  That changes the tax payer so it does not qualify.

If the syndication is set up so that you can take title as a tenant in common with the LP that would qualify.

  • Dave Foster
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