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All Forum Posts by: Wensheng Chen

Wensheng Chen has started 1 posts and replied 3 times.

Post: Can this still be considered a primary residence property?

Wensheng ChenPosted
  • New to Real Estate
  • Atlanta, GA
  • Posts 3
  • Votes 0

@Joe Splitrock, we pay 50% for everything and we are both on the title. 

Post: Can this still be considered a primary residence property?

Wensheng ChenPosted
  • New to Real Estate
  • Atlanta, GA
  • Posts 3
  • Votes 0

We don't have any agreements on the mortgage payoff. "split the gain" should be after all the mortgage is paid off right?

Since there are 2 owners (not spouses), can we both claim 250/500k exemption? Or how does it work in my case?

From investopedia

KEY TAKEAWAYS

  • - You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.
  • - This exemption is only allowable once every two years.
  • - You can add your cost basis and costs of any improvements that you made to the home to the $250,000 if single or $500,000 if married filing jointly.

Trying to understand this a little better for my investment knowledge. I need to live in the property for 2 years, but do I need to own the property for 5 years to qualify for the exemption? Say for example, given the following scenario:

1. in 2016, I purchase my first property and live there for 2 years

2. in 2018, I purchase the second property and live there for 2 years as well

3. in 2020, I purchase the third property and live there 2 years also

4. 5 years after I purchase the first property, in 2021, I sell the house and claim the 250/500k exemption

5. 2 years after I purchase the third property, in 2022, I sell the house. Can this house be exempted again?

6. 5 years after I purchase the second property, in 2023, I sell the house I purchased in 2018. Can I claim the exemption on this also for another 250/500k?

Basically, is the exemption every 2 years up to the first 250/500k (like a lifetime threshold)? Or is it the first 250/500k capital gain every 2 years?

Post: Can this still be considered a primary residence property?

Wensheng ChenPosted
  • New to Real Estate
  • Atlanta, GA
  • Posts 3
  • Votes 0

I purchased a primary residence property with another co-owner in NYC in 2016. The mortgage loan is 100% under my name. 2 years ago, I moved & converted the property to an investment property, and purchased another primary residence property in Georgia. Now I am in the process of selling the NYC property. I came to know about 1031 a month ago. 

Now that I am selling the NYC property, I have questions about taxes, etc. 
Can the NYC property still be considered a primary residence property since I live there for more than 2 years?
If it is considered as a primary residence,  I don't have to worry too much about taxes. According to the Taxpayer Relief Act of 1997, there are 250k or 500k capital gain tax exemptions based on marital status.

If it's considered as an investment property, then I'll need to prepare to do a 1031 exchange. My question regarding the 1031 exchange is that since the house was deeded between the co-owner and me and the mortgage is 100% under my name, how much $ amount properties I should be looking for as the 1031 exchange? Is it 100% of the NYC sale amount or 50%? 

PS: I was young and naive and got tricked into co-owning the property while putting the mortgage 100% under my name. I didn't know much about taxes etc in the past. :(