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All Forum Posts by: Trevor Morris

Trevor Morris has started 1 posts and replied 4 times.

Quote from @Bill B.:

You have two problems that have been mentioned. And below is my guess…

Your in-laws will have to pay taxes on their half of the gain, $400k.

The other 1/2 was not your primary for 3 years before it was your primary, so you have to pay taxes on 3/7ths of the gain, call it 43%. So you get 57% of $400k tax free and pay tax on $172k. 

So they’ll owe about $60k and you’ll owe about $26k in federal taxes. Then you’ll owe state taxes if either of you or the property are in states with state income tax. Then you’ll both owe 25% depreciation recapture if you took any  

 @Bill B. thank you for the information, this will help as we discuss further.

Quote from @Allan C.:

@Trevor Morris how long did you rent the property before living as primary? If you rented it before living in it you’ll pro-rate the gain as well on non-qualified time it was rented. Some people think you can just move into a rental for 2 years and all the gains will be excluded.

@Allan C. this property in question has never been a rental.  We purchased in 2017 as a joint venture vacation home (for all of us to utilize).  We sold our other small primary residence at the beginning of the pandemic March 2020 and moved into the vacation home 'temporarily' (here we are 4 years later) until we found our next primary home.  Once we move into the home we are renovating now though, we may consider renting this at that point.  

Quote from @Wayne Brooks:

No expert, but I would imagine that the gain gets allocated 50% to you/your wife and 50% to the inlaws. You guys have the exemption, the in law as do not. No, the $500k does not “come off the top” for both parties.

@micha

@Wayne Brooks Appreciate the input here, this would make the most sense to me as well.  I was just hoping there was an alternative for them instead of a large tax bill if we went down that route.  From my research I don't believe a 1031 Exchange is possible in this scenario either if they wanted to keep their gains in a 'like-kind' property, as we would not be able to pull the equity out on our side in this case.  

Anybody have a highly recommended CPA or other expert that I could connect and take a deeper dive on this with?  

New to BP forums and looking forward to start making connections!

I have a scenario that I am looking for some tax EXPERT guidance on what the rules are for capital gains on a co-owned property, and best way for this to play out.  

Currently we co-own a vacation property with my in-laws with which we have been using for our primary residence for 4 years.  We just bought a different house which needs significant renovation, but we should be done with it and moving into it by next summer.  The vacation property was purchased in 2017 for $500k and currently valued at $1.3mil.  In a scenario where we sell the property (for round numbers purposes not including fees and closing, I have rounded the numbers as is) the profit is $800k , because it has been our primary residence for the last 4 years, are we still sheltered from $500k in capital gains?  How does this work for the other co-owner of the property that does not live here as a primary residence?  Are we all subject to capital gains on just the $300k?  Any guidance on how this works would be great.

As a follow-up to this, once we move next year I would like to scale my portfolio very quickly. I am open to BRRRR, flips, STR, and small/large multifamily. Any advice on the best way to use this capital moving forward? We have discussed the option of selling to get the equity out of 'co-ownership' so that we can use the capital to pursue other opportunities. But the big capital gains questions linger here. We have also discussed keeping the property as a rental and just utilizing a HELOC to pursue other deals with the equity in it - there can be downsides to this too. Cash out refinance is an option as well, but it is not very appealing at this time (background here is $330k left on mortgage at 2.65% rate).

Any guidance or options to consider to any or all pieces of this would be appreciated!