Read formal documents from the Internal Revenue Service, and you won’t find a mention of the 1031 exchange five-year rule. You’ll see plenty of deadlines about when your transactions must be complete, and you’ll see restrictions about what you can sell and buy. But you won’t find a five-year rule mentioned.
However, savvy investors know all about the 1031 exchange five-year rule. In fact, they often use this rule to help them transform properties they purchased as rentals into personal residences. They also use this rule to convert private residences into business properties.
Here’s what it means for you.
What Is a 1031 Exchange?
A 1031 exchange is a financial transaction designed for real estate investors. As the IRS explains, selling a business or investment property typically triggers capital gains taxes.
A 1031 exchange allows you to postpone those taxes by reinvesting in a similar version through a like-kind exchange. Essentially, you create a complex transaction involving two properties. You sell one, and you use the proceeds to purchase another investment property.
Any taxes you should pay on the sale of the first property are rolled into the second. If you never sell that second property (or you buy another property through a 1031 exchange), you never have to pay those taxes.
In the past, investors abused this loophole. They purchased their dream home as an investment property (like a rental home), flipped it to a residence, and avoided tax penalties.
The IRS has responded by tightening the rules. That’s where the five-year timeline comes in.
When Does the 1031 Exchange 5-Year Rule Apply?
In a traditional 1031 exchange, both properties must be used as an investment or for business. A property like a primary residence or vacation home typically doesn’t apply for a like-kind exchange. But there are exceptions you can use for residential conversions—as long as you wait long enough.
One of the provisions in 2004’s American Jobs Creation Act involves a five-year holding period. If an investor wants to convert an investment property into a residence without triggering the delayed taxes, they must hold the property and use it for business for at least five years.
Similarly, if you have a private property and want to convert it into an investment via a 1031 exchange, you must prove that you’ve owned the property for at least five years and have lived in it for at least two years.
Where Does the Tax Benefit Come From?
In a 1031 exchange, your tax obligations don’t go away entirely. Instead, they’re wrapped into the purchase of the new property.
If you purchased a property as a rental and then converted it into a personal residence, you could be required to pay the taxes you owe. Similarly, if you own a home and sell it, you could be required to pay taxes. Waiting for five years and using an exchange can help you avoid those penalties.
Know that these time frames only exist to ensure that you get the biggest tax benefit. You could always take over the property sooner than five years. However, that decision could come with a big price tag.
What Pitfalls Exist?
The IRS watches 1031 exchanges very carefully. There’s a lot of money on the table (that should go into the government coffers). If you want to use this approach, you must proceed with caution and make sure you follow every step of the process correctly.
If you’ve found a perfect home and want to use it as your residence one day, a paper trail really matters. Don’t write email messages about how you’d like to live in the home one day, and don’t list it as your residence on utility or credit card bills.
Also, ensure that you use the property for business for five years. And rent the property at fair market value. It’s tempting to jack up the price to keep nasty renters out of it since you ultimately want to live in it one day. However, this can complicate your claim that you really intended to use it as an investment. Make the rent fair and accept that some wear and tear comes with renting out a property.
If you want to convert a private property into a business, ensure that you used it as a business for at least part of the time before the conversation and that you lived in it as a residence for two years.
How to Convert Your Property
If you operate your rental business as a corporation, the organization owns assets like homes. You may be required to sell the property to yourself to claim it as a primary residence. If you don’t have a tidy split between business and personal assets, shifting ownership might get a little easier.
It’s always smart to consult with a financial planner or tax expert to determine the best way to handle these delicate transactions without causing issues. If you proceed without guidance, you could make mistakes that are challenging to clean up later.
What Happens if You Want to Sell?
Imagine that you’ve converted a home through a 1031 exchange, and now you want to sell it. Will you get stuck with a big bill? Not necessarily.
When it’s time to sell, you can match a 1031 exchange with tax perks associated with IRS Section 121. You can claim this exclusion if you’ve owned your home and lived in it for at least two years out of five prior to the date of sale. You’re not required to live in the home for the entire two years all at once. You can spread it out over two years of the five years from the end of the exchange.
This is complicated, as you’re using two loopholes in the tax code at the same time. However, making it work could mean saving a lot of money.
Through the 121 exemption, homeowners can exclude up to $250,000 of the gain from their income (or up to $500,000 of the gain if you file jointly with your spouse). Per IRS rules, this exclusion applies first. When you sell your home, the tax officials will use this loophole to exclude some of your profits.
However, if you originally purchased the home via a 1031 exchange, those taxes you owed could be due. After excluding the 121 exemption, the 1031 exchange rules apply. You may be asked to pay a portion of the taxes you deferred.
Get Help With 1031 Exchanges
At 1031 Pros, we specialize in helping business owners complete complex 1031 exchanges. We can handle the paperwork and secure your funds, so you comply with all critical rules without making expensive mistakes.
We ensure all deadlines are met, and we make the process seamless for you. Contact us today to find out more about how we can help you complete a 1031 exchange.
References
Like-Kind Exchanges Under IRC Section 1031. (February 2008). Internal Revenue Service.
Public Law 108-357. (October 2004). United States Congress.
Publication 523: Selling Your Home. (2023). Internal Revenue Service.
Topic 701: Sale of Your Home. (April 2024). Internal Revenue Service.
Like-Kind Exchanges - Real Estate Tax Tips. Internal Revenue Service.
Exchanges Under Code Section 1031. American Bar Association.
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