1031 commercial for home used 1/2 personal & 1/2 business

Technical topics regarding tax preparation.
#1
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February 1st

Tomorrow is Ground Hogs Day!!

I have a client that has a commercial warehouse for his contracting business worth 450,000. He would like to exchange for a residence in which 1/2 the house is used to live in and 1/2 is used for the contracting business.

I am thinking this may qualify for 1031 for 1/2 of the house, but I am a bit skeptical if this is doable and would qualify for 1031 exchange for the 1/2 of the house for business. Also I have the question on the practical part of allocation of the space.

What do you think?

Thanks,

Art
 

#2
jon  
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Property can not have personal use to qualify, but it the two are separated on the sale and are distinct transactions maybe?
 

#3
Nilodop  
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Or probably even if they are not separated. RR 59-229:
The final consideration, in an exchange of the instant type, is the tax treatment of residences (with mortgages thereon) which are exchanged with the farm properties. If these residences were occupied by tenants acting, for example, in the capacity of caretakers or farm workers for the taxpayers, such exchange would be treated under section 1031(a) of the Code as "property used in trade or business" in the some manner as the exchange of the farm lands and buildings. However, where the dwellings are used as personal residences by the taxpayers who are parties to the exchange, an exchange thereof is treated as a separate transaction. Any restating gain is subject to the provisions of section 1034, pertaining to the sale or exchange of a residence. Any loss on the exchange of a personal residence is recognized under section 1002 of the Code, but is not deductible in computing net income, as provided in section 262 of the Code. In such case, the basis of the residence received upon the exchange is its fair market value on the date of the exchange.


An exchange of personal residences along with farm lands, buildings, and crops is treated as a separate exchange governed by the applicable provisions of section 1034 of the Code for gain, and by section 262 of the Code for loss.


RR 68-331:
Accordingly, the exchange by the taxpayer of his leasehold interest in a producing oil lease (not including personal property, stock in trade, or other property held primarily for sale), extending until the exhaustion of the deposit, that is held for productive use in trade or business or for investment, for the fee interest in the improved ranch to be held for productive use in trade or business or for investment is an exchange of property for property of a like kind under section 1031(a) of the Code, to the extent of the ranch land and permanent improvements thereon, but not including that part of the ranch property consisting of a personal residence within the meaning of section 1034 of the Code, personal property, stock in trade, or other property held primarily for sale.
 

#4
Nilodop  
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I was asked a question that reminded me of this old post but with maybe a twist.

H runs a business on a commercial plot that he owns; about 3/4 of the land is for his business, 1/4 rented to another business (but it's all one plot of land).

H and W own a residence that's too big for them and they want to sell at a large gain and buy a smaller house.

X corp. wants to buy H's commercial land, again at a large gain.

Is it possible to take advantage of the 121 $500k gain exclusion, as well as the 1031 deferred gain provision, if H and W sell their residence, and H sells his business property, and then they buy a new property together, with the new property being one plot but usable in part to conduct H's business?

I can estimate some numbers, but it's the concept I'm asking about. It would involve allocating sale price of the business property and allocating the investment in the new property
 

#5
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See Rev. Proc. 2005-14.
 

#6
Nilodop  
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