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Updated almost 3 years ago on . Most recent reply

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Dakota Sullivan
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Help--Tax shelter strategies for personal residence cap gains?

Dakota Sullivan
Posted

Hi BP fam;

CA resident here looking to shift equity from personal residence into primarily income producing stock. Due to runup in home prices in Bay Area over 10 years I've held my personal residence, I'm facing seven digits of cap gains. 

I'm familiar with the exclusions tied to principal residence that could shelter up to $500k between me and my wife (subject to earned income contingencies). I've also looked into Opportunity Zone funds, however they lock any funds invested up for 10 years and as of 2022 lack some of the previous benefits (up to 15% reduction in tax in 2026). However, two big questions that I need advice on:

1) Any shelter strategies for CA state cap gains tax? This is a killer and I can't find anything even acknowledging the state tax bite, much less how to minimize (if even possible)

2) If I want to roll a portion of the proceeds into a new personal residence, must I pay full cap gains on those proceeds then invest as fresh cash? There's nothing even approaching a 1031 strategy for rolling one personal residence into another without full tax burden on any cap gains?

Thanks in advance for any direction here.

Dakota

Most Popular Reply

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2,138
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Joe Homs
  • Flipper
  • Mission Viejo, CA
1,100
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2,138
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Joe Homs
  • Flipper
  • Mission Viejo, CA
Replied

@Dakota Sullivan you CAN actually do a 121 and 1031 exclusion on a primary residence.  Up to $500K for the 121 Exclusion and then the remainder you would need to do a 1031 Exchange to purchase rental property.  A good 1031 company can walk you through the process.

Good Investing...

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