Hi Guys,
We are considering selling a property and have some 1031 exchange questions with regards to IRS expectations. We would be moving from multi-family property to much different areas and states. However, there are too many paths for me to explore them all and figure out where we want to go. So, I want to start with - what is possible? Here are options we are looking at, but not sure where I should spend my time researching if the IRS won't allow it..
- If we buy a piece of land that has logging rights (or other mineral rights), what are the rules around how long the land must be physically logged for the exchange to be valid? If it's a 50 acre plot that only takes a few weeks versus thousands of acres that might take a year or two? Does the size of the plot of land matter? Once the trees are gone, then what? If we don't sell it, can it ever go to personal use or would that still need to be 2 years later? Is this consistent across all mineral types?
- If we buy a couple thousand acres of ranch land, but it is only used for grazing in the summer, is that sufficient? We might be able to use it for hunting and winter sports depending on the area we buy in.
- If we buy a couple thousand acres of ranch land, but want to turn it into a wind or solar farm, how quickly does the land need to become active with the actual farming of natural resources? I've heard in some states it can take years to get approval for such renewal resource farms, so what are the hard limits I'm looking at to make it profitable?
- Can we buy an RV that we move to whatever campsite the guest has reserved (lots of glamping tourists) would that be considered an exchange - airbnb of an RV? Would we ever be able to have personal use on non-rented weekends or stop after a couple of years to turn the RV into personal property? It's a depreciating asset, unlike physical structures, so I'm not sure this is something we can do. However, some RVs are considered primary residences, so that's where my confusion comes in.
- Our current primary residence was a rental for us from April 2012 until June 2016. We moved into it June 2016. Are we able to sell this house to the 1031 exchange business at fair market value, paying any capital gains from the sale (because it was a rental first and purchased after 2009), and rent it back to ourselves from the business at market rent for about 6 months before moving into our new house? This is the one I think might be a no, but the IRS would get capital gains on about $150K in profit (2/3 of about $250K in profit), so maybe it's legit. We'd legally rent it back from January 2019 through May 2019 and be moving out of state turning it back into a rental.
I'm not looking for "that's a bad idea" - I'll come up with those conclusions on my own . I'm trying to rule out the ones the IRS will frown upon and not allow as an exchange or the rules around what the IRS expects.
Thanks!
Cary