Originally posted by @Nicholas Aiola:
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Finally, I side with Dave's accountant with respect to taxing boot as capital gain first, as opposed to depreciation recapture. You will get differences of opinion on this depending on which tax pro you speak to.
In my research and experience, I've yet to come across clear-cut guidance on this topic; if anyone has, please share and margaritas are on me.
Here is an example
net sales price $750,000
adjusted basis $450,000 (which has been reduced by $50,000 in depreciation)
mortgage $400,000
That gives a gain of $300,000 (made up of $250,000 in cap gains and $50,000 in depreciation recapture)
and cash of $350,000
With no 1031 attempt the tax situation would be
capital gain of $250,000 and $50,000 in recaptured depreciation (ordinary income)
With this 1031 example would it then be
New property
full cost $400,000
cash down $100,000
mortgage $300,000
capital gains of $250,000
because you are talking $250,000 "out" ($350,000 in cash less $100,000 in cash down on the new place) you have to treat that cash you get as taxable profit first and only after than has been used up then as return of basis. The $50,000 of depreciation on the old house would roll into the new one (leaving a basis of $350,000).
But if the
New property was
full cost $400,000
cash down $250,000 with a $150,000 mortgage
you are now just taking $100,000 out ($350,000 less $250,000 down on the new place) and so could reduce the gains to
capital gain of $100,000
with the new place having the basis reduced by $200,000 ($150,000 capital gain and $50,000 depreciation) leaving a $200,000 cost basis.
Is it that you essentially have to pay tax on whatever you take out (until you have taken out your entire profit plus depreciation)?