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Updated about 7 years ago on . Most recent reply

Newbie in Fresno, CA area
Most Popular Reply

- Qualified Intermediary for 1031 Exchanges
- St. Petersburg, FL
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@Josiah Collins, You're certainly on the right track thinking about a 1031 so you can defer tax on the gain of the SJ house. But before you commit to that route take a look at the dates of ownership and residence in that house before you moved to Fresno.
Sec 121 of the code allows you to sell a house you have lived in for 2 out of the previous 5 years and take the first $250K of gain tax free. Tax free would be ever so much better than tax deferred and you avoid the 1031 fees and timelines etc.
Since you just got married and moved out a year ago you're still very much in the 5 year look back to put together 2 years where you lived in it. Even if you didn't make the full 2 year period there are some narrow parameters for proration of the time. My guess is that getting married and moving to a new town/job would fit that bill.
Explore that with your accountant before you do the 1031. The 1031 will always work if 121 doesn't.
- Dave Foster
