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Updated about 3 years ago on . Most recent reply presented by

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Ken Lou
  • Seattle, WA
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does interspousal transfer deed step up cost base?

Ken Lou
  • Seattle, WA
Posted

Hi,

I purchased my rental property few years ago for 300k in Washington State free and clear and since then it has doubled it's value with capital gain around 300k. I'm planning to get married in 2 years and want to buy a house in Los Angeles. Besides using 1031 exchange, is there anyway to avoid capital gain tax and also depreciation recapture? If I transfer the deed to my spouse when I get married, will the cost base be reassess to current market so I can avoid the 300k gain tax? 

I currently have w2 income and is it better to sell when I have no income for lower tax rate?

Please advice.

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Christopher Smith
  • Investor
  • brentwood, CA
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Christopher Smith
  • Investor
  • brentwood, CA
Replied

You might 1031 into an LA rental now and then turn that rental into your primary after the 2 years.

Gift basis is usually the LOWER FMV or your basis.

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