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Old 03-21-2005, 06:21 AM
David Woods, EA, ChFC, CLU
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Default Re: 1031 Exchange for Condo Pre-Sell

"Flyfisher" <flyfisher[at]bellsouth.net> wrote:

- quote -

> I am interested in using a 1031 exchange for a gulf front
> condo that I purchased on a pre-construction basis over a
> year ago. This property has appreciated and I have "flipped
> it" by selling it to another party (through assignment of my
> original pre-sell contract) which will net me approximately
> $50K in gain. Closing will be sometime in April when the
> condo construction is completed. I would like to go in
> partners with another party on a larger condo in the same
> development and want to use a 1031 exchange to roll my gain
> into my portion of the new condo. My accountant has told me
> that the pre-sell agreement is not considered real property,
> so I cannot exchange it for the larger condo which is real
> property (i.e. it is not a like kind exchange). Is there a
> way for me to use the 1031 exchange to roll the $50K into
> the new condo? I am not looking to take any cash out.
> Thanks very much for any input.


Your accountant is right. You're not selling a condo.
You're selling a right which is an intangible asset.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #-1  
Old 03-18-2005, 11:45 AM
Flyfisher
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Default 1031 Exchange for Condo Pre-Sell

I am interested in using a 1031 exchange for a gulf front
condo that I purchased on a pre-construction basis over a
year ago. This property has appreciated and I have "flipped
it" by selling it to another party (through assignment of my
original pre-sell contract) which will net me approximately
$50K in gain. Closing will be sometime in April when the
condo construction is completed. I would like to go in
partners with another party on a larger condo in the same
development and want to use a 1031 exchange to roll my gain
into my portion of the new condo. My accountant has told me
that the pre-sell agreement is not considered real property,
so I cannot exchange it for the larger condo which is real
property (i.e. it is not a like kind exchange). Is there a
way for me to use the 1031 exchange to roll the $50K into
the new condo? I am not looking to take any cash out.
Thanks very much for any input.

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

Tags
1031, condo, exchange, presell
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