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Tax Talk with George Saenz

Ask the tax adviser

Property swaps allowed any time

Dear Tax Talk:
Can I do a 1031 exchange on the house that I purchased about two months ago? If I sell it, it would produce a little profit (capital gain). I have my own principal residence. Would that house that I just purchased be considered an investment property if I exchange it for another new purchase of rental property?
Benjamin

Dear Benjamin:
Section 1031 does not require that you hold a particular piece of property for a specific period for it to qualify for gain deferral.

If you bought the house two months ago with the intention of making it a rental property, then it would qualify for the like-kind exchange rules.

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Of course, if there is little or no gain to be realized on the sale then the added transaction costs of doing the exchange might outweigh the tax due. When analyzing the costs, remember that the holding period of the property is short-term so that you'll pay tax at ordinary income rates. However, if you have capital losses this would be applied to the gain.

-- Posted: Aug. 8, 2003

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See Also
Property swaps can save tax dollars
Capital losses can help cut your tax bill
New rules expand home-sale tax exclusion
Tax glossary
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