Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Mary Burns

Mary Burns has started 1 posts and replied 3 times.

I will talk to a CPA but just trying to educate myself. I may not understand but I think if I paid more than the assessed value for the property, the estate would owe tax on the gain. Thanks fo the help!

Quote from @Bill B.:

I BELIEVE it’s just a sticking point not a prohibited one like it is with self directed Ira’s. I also BELIEVE their biggest concern is tax liability shifting. (Imagine buying a primary home from a relative for $200k more than it’s worth. They take the gain tax free. Then you sell your rental at a $200k loss.). Reach out to @Dave Foster

 Thanks. I keep reading and I am very confused. My mother had 3 rental properties and we plan to sell them. It is a lot of work to fix up and sell so I thought I would buy one from my siblings or her estate. I have a rental property that I would like to sell because it is further away from where I live than I would like. My plan was to sell to the tenants and do a 1031 exchange to buy a duplex from my mother's estate. I paid $200K for the rental property and will sell for about $600K. The remaining mortgage is $27K. The duplex was assessed at $1,575K (in California) but it requires a lot of work. I was planning to pay $1.4 or $1.5 for it. I intend to keep it and rent it. I am not trying to avoid taxes but defer them which I thought was the intent of the 1031 exchange. There will be no gain on the sale of the property for the estate since we got the stepped up basis when she passed. I am okay if I have to pay the taxes but want to make sure I really have to. It seems crazy if I bought from an unrelated party, it would be fine. 

I would like to sell a rental property and do a 1031 exchange to buy a property from my mother's estate (I am a beneficiary). I just learned this might be an issue due to related party.