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Updated over 7 years ago on . Most recent reply

User Stats

136
Posts
11
Votes
Chris L.
  • Triangle NC
11
Votes |
136
Posts

1031 and NJ Bulk sale

Chris L.
  • Triangle NC
Posted

Hypothetical situation: 

Sale price-500k

Cost basis-300k-50kdepreciation =250k

1-Let's say at closing I want to place 400k into the 1031 and the remainder-100k- I would like to cash out at time of closing. I'm trying to figure out how this would work with a bulk sale notice because I have to pay a portion of taxes at time of closing for bulk sale.  Would I essentially just transfer 400k to the intermediary and pay the bulk sales tax due at closing out of the 100k boot? Also, is anyone familiar with the ATTD Form below?  If so, could someone help me understand how it's filled out. 

http://www.state.nj.us/treasury/taxation/pdf/ttdv1...

Just trying to figure out-using hypothetical numbers above- what values I would place in # 6-9. 

2. If I take 100k of boot, would that 100k be taxed at capital gains rate of 15% since depreciation gets carried over to the new property OR would I have to pay the depreciation recapture tax rate for 50k and capital gains tax rate for 50k?

Any input would be greatly appreciated.

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