1031 Exchange And Boot - More Questions.

KNJones profile photo

2 questions:

I've rolled over a rental property into another using a 1031 exchange. Now, I'm rolling out of the second property into multiple properties.

First, I have both "recapturable" depreciation and LT capital gains built up. Do I "allocate" the built up gains on an equal basis to the multiple properties?

Second, if I take a small amount of "boot," does anyone know if the tax formula against the boot again allocates the "recapture" and the "capital gain."

Thanks, Novice RE Investor

Comments(3)

  • DaveT29th September, 2003

    Are you using a 1031 exchange to replace your single property with multiple properties?

    If not, why not?

  • KNJones29th September, 2003

    Yes, I'm using a 1031 exchange.

    But, I want to try to get some cash out. Although I obviously need to talk to an accountant. If I take some cash out, I have boot. Is the basic principle for the tax on the boot that you first pay your tax on the recapture of accelerated depreciation (obviously at a higher rate), after which you pay the LT cap gain? This will affect my decision as to whether to take money out and how much.

    I'm pretty sure I have the second question answered in that the basis of my new "multiple properties" will be the basis of my relinquished property "allocated" proportionally to my replacement properties

  • DaveT29th September, 2003

    Depreciation taken for the relinquished property already factors into the cost basis of the replacement property.

    The cash boot you receive as a result of the exchange will be taxed as a capital gain.

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