Dallas-Fort Worth Real Estate Investor Club

1031 Exchange Rules

  • 22 May 2017 9:58 PM
    Message # 4846810

    Dear Investor club,

     

    I have a client relocating who has some cash ($600K) as a result of the sale of her property in California.   This client wants to know whether she would need to use the $600 to buy another property here in TX or if she could buy a house for $400K, and use $200 to rehab the property.

    Does any one knows the rules for 1031 exchange in Texas?

    Thanks a lot for any input you can provide me. 

  • 23 May 2017 12:43 AM
    Reply # 4846897 on 4846810

    If your client already has the proceeds form the sale in her possession she cannot do a 1031 exchange. The proceeds from the sale would have needed to be deposited with a qualified intermediary who would have then used those funds to purchase any properties within the exchange and any leftover proceeds would be provided to the Seller.

    There is a very structured way to accomplish an exchange and it begins with the contract for the sale of the initial property.

    If the proceeds of the sale are from a personal residence where the Seller(s) has/have lived for 2 of the previous 5 years, then $250k of the capital gain is tax-free. If the Sellers are married and file jointly, each has a $250k capital gain tax-free allowance for a combined $500k.

    For more information on 1031 Exchanges: www.apiexchange.com

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