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Tax question on a rental property that it converted to my homestead

1,898 Views | 7 Replies | Last: 2 yr ago by Pinochet
jpag
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AG
So I'm thinking about selling my current homestead. We plan on remodeling one of our rental properties. This property is in a multi member LLC right now. We plan on making it our new homestead once it's been fully remodeled. I'm thinking we will rent until the house is ready. Are there any tax implications since it's currently in one of my LLC's? Can I do this without having to pay any capital gains taxes? Or do i have to buy the house from my llc at the fair market value? If we live there for 5 years, and then decide to sell, we won't have to pay capital gains taxes, correct? Thanks
Pinochet
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Who are the other members of the LLC? Not sure you can get a homestead exemption if it is owned by another entity, but there may be a tax free way to get it out of the partnership entity.
jpag
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AG
The only members of the llc are my wife and me. We decided to setup the llc as a multi member with k-1's versus doing a single member llc.
Pinochet
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Assuming you didn't have any other transactions where ownership changed, you can generally distribute the property out without an income tax consequence. You'll get carryover basis in the asset at that point. I imagine retitling of the property will trigger the appraisal district to update your value, though, if it hasn't been updated to FMV recently.
jpag
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AG
Thanks. And yes the appraisal district has definitely kept the annual assessed value of the property close to what I perceive the FMV to be.
Pinochet
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You may want to talk to the CPA doing your LLC return and make sure they're comfortable with how to show a liquidating distribution on the 1065. If there is something else in the LLC, it likely is just an operating distribution of property, but either way I'd make sure the CPA has thought through how the distribution will be presented and what they will present on the 1040. At that point it's just a matter of confirming timing so you can get the primary residence and homestead exemption in at the right time for the best tax answer.
ItsA&InotA&M
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Will the distribution of the rental property be taxed to the partners as a capital gain with recapture of dd&a ?


Pinochet
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Yes, if it's a liquidating distribution, there's a chance the depreciation recapture could be considered an ordinary income asset. If that's the case, there is no net gain, but you could have ordinary income offset by capital loss. That's why it is important to see how it will be presented on the return. It will depend on the assumptions of fair value for each piece of the property (land, building, equipment, etc). However, this should be a situation where any ordinary income is offset by capital loss. Since OP says he has other LLCs, there may be a chance to merge this one into one of those that will survive and then make a nonliquidating distribution of property. I don't know if the IRS would respect that as an assets-over merger, but that could be an option to avoid the hot assets issue.

One thing I hadn't thought about is whether there is a mortgage that would be called by the bank in a case where the property changes hands. That could complicate things.
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