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Updated over 8 years ago on . Most recent reply

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Tim Walsh
  • Saint Louis, MO
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Income tax shelter in primary home

Tim Walsh
  • Saint Louis, MO
Posted
I have been reading up on not having to pay tax on gains from a investment property if you use those gains to buy more property. Is that still true if you take the gains and put them into paying down your primary homes loan?

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Brandon Hall
  • CPA
  • Raleigh, NC
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Brandon Hall
  • CPA
  • Raleigh, NC
Replied

@Tim Walsh as @Andy D. stated, the strategy of rolling your gains into a bigger or more expensive property is called a 1031 exchange (1031 is the code section detailing the rules). You can 1031 investment real estate into new investment real estate. 

However, you cannot 1031 exchange into a primary residence. You could exchange into a rental and then later make it your primary residence, but going straight into a primary residence will cause the exchange to be disallowed and taxes will be due on the gains.

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