Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago,

User Stats

5
Posts
3
Votes
Jonathan Serna
3
Votes |
5
Posts

1031 or Section 121 Exclusion?

Jonathan Serna
Posted

Hi BP fam,

First time poster long time lurker. I'm wondering if someone can advise on my situation. I tried reaching out to a CPA but they're either very busy because of tax season (understandably) or want to charge me $500/hr. I'm happy to pay but they won't see me for a few weeks and I need this resolved before the close of my apartment. The situation in question below:

1. Wife and I bought a 1 BR co-op in NYC as our primary residence for $232K in 2014

2. Rented out the co-op starting 1/1/2019-current day

3.  Our current tenants asked to buy the apartment ($400K). We're in contract and scheduled to close in late June/early July 2022. 

TO RECAP:

Primary Residence (2014-2019) Owned

Rented out (2019-present)

So it was our primary residence in 2017 & 2018 and we rented it out starting 1/1/2019, 2020, 2021, does that still fall under the 2-Out-of-5-Year Rule if our date of sale is 7/1/22?

My question is, am I still within the 2 out of 5 year rule? If so, do I still have to pay capital gains taxes? If so, what is the percentage that I will be responsible for? If I am not within the timeframe, what are my options besides a 1031? For context, we want to use a small portion of the profits to fix up our current primary residence in Richmond, VA. 

Thank you in advance!

Loading replies...