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Updated 11 months ago on . Most recent reply

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Christopher Riley
  • Denver, CO
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Capital Gains Tax implications from quitclaim deed transfer to LLC

Christopher Riley
  • Denver, CO
Posted

Good morning! I'm planning to start renting out my primary residence and would like to quitclaim transfer the deed into an LLC (just me and my wife). We may sell the property after 2 years. Will we lose the primary residence capital gains tax advantage if we transfer the deed into an LLC? The mortgage will still be under our names.

Similar question, we'll be moving into our rental property where we already quitclaim transferred the deed into an LLC (me and my wife). We may also want to sell this property after living in it as our primary residence for 2 years. Will we be able to take advantage of the primary residence capital gains tax advantage or do we need to quitclaim transfer it back into our names?

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John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
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John Underwood
#1 Short-Term & Vacation Rental Discussions Contributor
  • Investor
  • Greer, SC
Replied

You are selling it to a business entity. So the business entities would be selling it in 2 years. I beleive you would lose the capital gain exemption.

No need to put this in an LLC. You have protection from the mortgage an insurance.

Maybe a CPA can confirm.

  • John Underwood
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