1031 Exchange For No Revenue Rental House

1031 Exchange For No Revenue Rental House

Pomeroy, IA · Member since 2019 · 7 posts · 2 votes

This is going to be a weird one. When I was 18, I bought my first house (live in at the time). I moved out about 4 years ago, and had a buddy staying there without paying rent. Agreement was that he payed the utilities and insurance, and as long as he up-kept the property, I wouldn't charge for rent. Within the last week, I finally ended up just selling the house to him for a menial amount (tired of paying the property tax essentially). I would like to investigate if I can perform a 1031 exchange, but since it didn't generate rental revenue, I'm not sure if it would qualify. I have an actual rental house that I'm hoping to close on later this month, so this would be the contender. Any guidance on this, or would it just be better to just pay the taxes? (Sold for $1000, bought for $5000 back 10 years ago, so it'd be a loss).

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Natalie KolodijBusiness Member
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Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
6y

Since it was a related party rental at under market rents it sounds like that is personal use. 

I would say no 1031, and if you already sold it's too late.

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  • Investor · SC NC, VA · Member since 2020 · 1k+ posts · 756 votes
    6y

    Did you already sell it?  If so, unfortunately, its too late.

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    6y

    Since it was a related party rental at under market rents it sounds like that is personal use. 

    I would say no 1031, and if you already sold it's too late.

  • Pomeroy, IA · Member since 2019 · 7 posts · 2 votes
    6y

    Thanks @Natalie Kolodij. I figured, but thought I'd get a second thought on it since I'm still new to the game.

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    6y

    @Nick Hammen, I'm going to take a slightly different stance than @Natalie Kolodij on this one.  Unless that "buddy" has family blood or business relationship with you of certain types then you're actually not a related party to your buddy.  Actual income production. is not a statutory requirement.  But you must be willing to demonstrate investment intent.  I'd explore whether your CPA feels that the quid pro quo of rent for caretaking along with a strategy of holding for appreciation feels good to them.

    But Natalie @Mark H. Porter and I are all in agreement that if you've actually closed on the sale then there's no opportunity to do a 1031 exchange.  The QI must be in place prior to the closing of the sale.

    That's the bad news - No 1031.  The good news is there wasn't any profit anyway.  So there probably wouldn't have been any tax anyway.

    The 1031 Investor5137 Reviews
  • Pomeroy, IA · Member since 2019 · 7 posts · 2 votes
    6y

    Thanks for the overview @Dave Foster. The paperwork was signed last night and it was technically a net loss, so it's no big deal either way. I'll remember that in the future that the 1031 needs to be initiated before the sale. Luckily I'm learning this with non-profitable cheap property now than make a huge mistake down the line.

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