Land Contract- Cash Out REFI or 1031

Land Contract- Cash Out REFI or 1031

Rental Property Investor · Detroit, MI · Member since 2020 · 54 posts · 18 votes

I currently have a home that I am selling under land contract which has about a year and a half left on the contract. Once the home is purchased I will have about $40k profit.

I know that I could use the 1031 exchange to purchase a new property and prolong the taxes. What I was wondering is if I pulled out the equity now and used that to put towards a new property would that essentially leave me at break even after the sale and allow me an avenue to even further reduce or by pass taxes completely? 

I'm aware of the possibility that something may happen and they may not be able to purchase the home but even with the addition equity taken out the rental rate still more than makes up for the price difference. 

Thanks all, looking forward to hearing your thoughts. 

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  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    5y

    @Darvin Johnson, bad news on two fronts.

    1. The amount of debt on a property does not determine it's gain.  Gain is the difference between your adjusted cost basis and the net sale.  The amount of debt is irrelevant.

    2. You've been taking gain every month since you signed the land contract.  And that means you actually sold the property when that document was signed.  So no opportunity to do a 1031.  Unless this is really a simple lease with an option to purchase you have given them beneficial equity in the property in exchange for the contract and periodic payments.  That's a sale.  

    So at this point you've shelterd the gain about as far as you can by spreading out the gain via the financing.   

    The 1031 Investor5137 Reviews
  • Rental Property Investor · Detroit, MI · Member since 2020 · 54 posts · 18 votes
    5y

    @Dave Foster thank you for your response that was a big help.  

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