Unique 1031 situation

[Andrew J Palmer]

I am trying to get some information for my Mother about 1031 exchange. I will try and explain the situation as best I can.

My Grandmother passed away 5 years ago and left my mother and her three sisters a single family property in Michigan. It appraised at 1.5 Million when they inherited the property. Recently they got a cash offer for 3.6 Million on the property and it is looking like they will accept and close soon.

The question is my mother wants to buy a $500k+ dollar Condo In Montana where she lives, and possibly another 1-4 unit rental in Montana or Washington with the amount she has left over.  With all this, can she use a 1031 exchange? Is single family to condo applicable? and does she have to use all the profits from the sale of the home to buy another property, or can she have money left over?  Thank you.

[Lauren Speidel]

@Andrew J Palmer How has the property been reported on your mom's tax return these past 5 years? For properties to qualify for 1031 Exchange treatment you must have had the intent to hold the property for rental income, appreciation, or use in a business. It may qualify under the intent to hold for appreciation. In regards to going from a SFH to a Condo, there is no issue with that at all. When completing a 1031 to fulfill the like-kind requirement you must be going from real property to other real property so that would qualify.

Also, to have a fully tax deferred Exchange she would need to buy replacement properties that equate to the full net sales price or higher. If she decides to not reinvest all of the net proceeds, the amount not reinvested would have tax liability.