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All Forum Posts by: Steve Hungerford

Steve Hungerford has started 9 posts and replied 56 times.

Quote from @Dave Foster:

@Steve Hungerford, Well it's really all going to come down to your accountant's comfort level.  They're the ones who will make the allocation.  And just like a home office - the more gray it is, the more sticky the IRS will be if they look.

 In other words this is a gray area ? There are not clear rules in place as to how to allocate portions to a residential property like this. That means each CPA decides how they want to do it.

Quote from @Dave Foster:

@Steve Hungerford a mixed or split use property like this can work fine with a 1031.  Usually it's easiest if there is a clear demarcation between the investment and primary portions that your accountant can document.

As long as the investment portion of the new property is equal to or greater than the amount of your net sale you can use any other portion of the property however you want.


Yeah my question was more for when its not easy to tell how the investment portion is valued, like in the case of a single family residence with an ADU. Trying to figure out how IRS allocates things when they are not clear cut.

Hello,

Here is the scenario. An investment property (residential-rental) that would be 1031 into a bigger more expensive residential property. Part of the property would be used as a primary residence and part as an investment. Cash above what would be 1031 over would be for the primary residential portion. Likely a property with an ADU that could be rented out. Or developing an ADU/Guest House on the property to rent out.

Quote from @Dave Foster:

@Steve Hungerford, the additional basis from the capital improvements is not lost.  It will follow into the replacement property.  But you cannot take it out as cash in a 1031 without paying tax on it.


 Very interesting and good to know. I thought the IRS had a way to account for it!

Quote from @Wayne Brooks:

@Steve Hungerford You’re not getting it, there is nothing to discuss…they can not be combined.  Dave Foster is an expert on 1031’s, which is why he was asked.  Hence, if you want to believe what you think your guy said, then go with him.

 What is the "they" that cannot be and what do you mean "combined" ? This is not about Dave or "my guy" or go with this or that guy, thats simple talk. You obviously are not an open mined or educated man. You just want to put me down for some silly reason. We should be discussing things here. The idea of a discussion forum should be open and honest discussion. Sharing information and encouraging each other. Not what goes on here on the thread.

Quote from @Wayne Brooks:
Quote from @Steve Hungerford:
Quote from @Wayne Brooks:
Quote from @Steve Hungerford:

 This is the case. I didn't want to take things in this direction and make it confusing but it is an investment property now but was a residential property before that.

I'd prefer not to get into that as it is not what I was asking about. These forums go off on tangents and don't stay focused and guys want to pick everything apart. It was a simple question that I am saying it qualifies as an investment property and it was a SFR 2 out of the last 5 years.

-Date and purchase price

-what dates it was your primary residence

-what’s dates it was used as a rental property

-anticipated sale price and date



Okay…..then the short answer is No.  I was actually confusing the “using both the 121 exclusion and the 1031” with a property where a Part of the property was your primary and Part of the property was an investment property”, like a Duplex/multifamily.
And, the reason I asked about dates is….if your use as a primary was not the First 2 years, you only get a prorated 121 exclusion.

So, your consensus answer is NO….it is one or the other.  If your QI says you can, then let Him explain how it works.


 This is a discussion forum. If every answer is go to your QI then there is no purpose in the forum. People that want to dicuss here is who I want to talk with, not the likes of yourself. Please just skip over my post and lets talk with people that want to share openly and not just pimp stuff online and hide information.

Quote from @Wayne Brooks:
Quote from @Steve Hungerford:

 This is the case. I didn't want to take things in this direction and make it confusing but it is an investment property now but was a residential property before that.

I'd prefer not to get into that as it is not what I was asking about. These forums go off on tangents and don't stay focused and guys want to pick everything apart. It was a simple question that I am saying it qualifies as an investment property and it was a SFR 2 out of the last 5 years.

-Date and purchase price

-what dates it was your primary residence

-what’s dates it was used as a rental property

-anticipated sale price and date





Quote from @Account Closed:
Quote from @Steve Hungerford:

 This is the case. I didn't want to take things in this direction and make it confusing but it is an investment property now but was a residential property before that.


 Yeah you can't use section 121. If you're doing a 1031 exchange, you have to buy a property for the full sales proceeds or you will have to pay taxes on whatever is left over. If you sold for $1,000,000, you have to buy for $1,000,000. Debt included. Talk to your QI, I think you need a bit more clarification as to how the 1031 exchange works.

 I have talked to a QI and this is what they told me. This discussions devolve into I know more than you. but they still have no answer themselves. Funny. Not talking about you, just in general. 


 This is the case. I didn't want to take things in this direction and make it confusing but it is an investment property now but was a residential property before that.