Does Principal Reduction affect Capital Gains calculation?

Does Principal Reduction affect Capital Gains calculation?

Rental Property Investor · Portland, OR · Member since 2020 · 27 posts · 14 votes
During the 08 crisis I qualified for a HAMP loan mod that included a large principal reduction as my home was 50% below purchase price. I also had filed bankruptcy around the same time, and later found out that the lender who had supplied my 2nd mortgage (covering the down payment) had apparently discharged the loan - either due to the bankruptcy or the HAMP mod, very little information was given to me about why. The home that I had purchased for around 500k was now worth 250k, and I now only owed 250k. Currently the home is worth around 620k, my loan is paid down to 195k, and I'm thinking about selling the home to leverage out the proceeds of that sale into properties that better fit my goals. My question is whether either of the principal reductions would affect the way Capital Gains is calculated on my sale, or would it still only count as a $120k gain? The answer to this question would determine whether I need to worry about doing a 1031 or simply sell.
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Dave FosterBusiness Member
Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
5y

All I know @Michael Plaks is my thumb ain't green!  @Corbin Lane, That does work.  Most folks feel comfortable with any hold over a year because it guarantees two consecutive tax reportings of that property.  But there is no statutory holding period.  Only that your intent must have been to hold the property for productive investment use.

Selling and combining a `121 primary exemption with a 1031 exchange will give you $250K tax free and the rest of the gain including depreciation recapture will be indefinitely deferred.  

It's a great scenario

The 1031 Investor5140 Reviews
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  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · Sarasota, FL · Member since 2017 · 5k+ posts · 3k+ votes
    5y
    Originally posted by @Corbin Lane:
    During the 08 crisis I qualified for a HAMP loan mod that included a large principal reduction as my home was 50% below purchase price. I also had filed bankruptcy around the same time, and later found out that the lender who had supplied my 2nd mortgage (covering the down payment) had apparently discharged the loan - either due to the bankruptcy or the HAMP mod, very little information was given to me about why. The home that I had purchased for around 500k was now worth 250k, and I now only owed 250k. Currently the home is worth around 620k, my loan is paid down to 195k, and I'm thinking about selling the home to leverage out the proceeds of that sale into properties that better fit my goals. My question is whether either of the principal reductions would affect the way Capital Gains is calculated on my sale, or would it still only count as a $120k gain? The answer to this question would determine whether I need to worry about doing a 1031 or simply sell.

    You most likely didn't pickup the cancellation of debt income becuase of the bankrupt or it was under qualified principle residence indebtedness rules. You are required to adjust/decreae the basis of the property by the amount of forgiven Debt. These might be other issue as well. I suggest talking to tax professional. 

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  • Rental Property Investor · Portland, OR · Member since 2020 · 27 posts · 14 votes
    5y

    Thanks, that seems to answer my question. I'm reading about this, it sounds like what I would want to do is a 121 combined with 1031. The home has been rented out for about 14 months now so from what I'm reading I'd have to wait and continue renting it for 10 more months for it to be seasoned as an 1031 investment property.

    At that point, I can sell it. Assuming a sell price of 620k and an adjusted CG basis of 250k, my gains will be 620k - 250k = 370k. Of that, 250k would be tax free due to 121 and me living in the property prior to 14 months ago. The remaining 120k could be used as down payment on a new investment property using 1031 to defer taxes on that.

    Am I on track or mistaken about something in this scenario?

  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    5y

    @Corbin Lane

    There is no specific "seasoning" requirement for a 1031, it's more of a rule of thumb, and we all have different thumbs. Talk to @Dave Foster about your 1031/121 options, he knows this stuff very well.

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

    All I know @Michael Plaks is my thumb ain't green!  @Corbin Lane, That does work.  Most folks feel comfortable with any hold over a year because it guarantees two consecutive tax reportings of that property.  But there is no statutory holding period.  Only that your intent must have been to hold the property for productive investment use.

    Selling and combining a `121 primary exemption with a 1031 exchange will give you $250K tax free and the rest of the gain including depreciation recapture will be indefinitely deferred.  

    It's a great scenario

    The 1031 Investor5140 Reviews
  • Rental Property Investor · Portland, OR · Member since 2020 · 27 posts · 14 votes
    5y

    Thank you @Michael Plaks for bringing this up, and @Dave Foster for explaining it in detail. I wasn’t looking forward to waiting another year before I can scale up.

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