Long Term Capital Gain Vs Ordinary Income

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I own an apartment building that I have owned for 5 years. I want convert into condos and sell units. Is there a way to pay only long term capital gains and not ordinary income?

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  • NewKidInTown315th October, 2005
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    Do the condo conversion, then continue to rent the condos to your tenants.

    The fine line here is to avoid having your condo conversion and subsequent resale characterized as a real estate development activity. Holding the condos as rentals for some period of time before selling should accomplish this.

    Consult a licensed tax professional for a definitive answer to your question.

  • saf5215th October, 2005
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    I have been told that if I only sell 5 units this year and 5 next year I am not looked at as a developer and therefore only have to pay long term gains. It is held by an llc. Do you know anything about this?

  • kittiwulfi16th October, 2005
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    Quote:
    On 2005-09-29 13:24, saf52 wrote:
    I own an apartment building that I have owned for 5 years. I want convert into condos and sell units. Is there a way to pay only long term capital gains and not ordinary income?


    I was very curious how it might work, did a google search. There is an article that might give you some idea how to handle that:

    http://www.cushingdolan.com/pages/Condo_Conversions.pdf

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