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Updated over 5 years ago on . Most recent reply presented by

Account Closed
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question about 1031 exchange and legal entities.

Account Closed
Posted

Quick question about 1031 exchanges and legal entities: 

If hold title to a property in my own name and sell the property with a 1031 exchange am I allowed, at any point, to transfer the new investment property into an LLC or will I lose the tax deferment by doing so? Is there a holding period before I am allowed to do so? I typically hold title to investment properties in an LLC but the particular one that I am selling happens to be in my personal name.

Any advice or information is appreciated. Thanks in advance!

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Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
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Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
Replied
Originally posted by @Account Closed:

Quick question about 1031 exchanges and legal entities: 

If hold title to a property in my own name and sell the property with a 1031 exchange am I allowed, at any point, to transfer the new investment property into an LLC or will I lose the tax deferment by doing so? Is there a holding period before I am allowed to do so? I typically hold title to investment properties in an LLC but the particular one that I am selling happens to be in my personal name.

Any advice or information is appreciated. Thanks in advance!

If it is a SMLLC, you will not lose the 1031 deferral. If its a partnership, yes you have to be careful and structure and time it property. 

But, I am guessing its a SMLLC so you are fine.  

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