On 9/28/2023 1:53 AM, Boris wrote:
Single family home inherited in 2013. Value $230K, per Zillow, Red Fin,
etc.
Home held by beneficiary from 2013 - 2022, and put into service as an AirBnB/VRBO short-term rental from 2014 - 2023. Did well (Super 5 star rating, occupied most of the year), but due to burdensome increasing county rules and increasing taxes, decision was made to sell home and purchase,
via a 1031 exchange, in another, more favorable, county.
Home was sold for $585K, via a 1031 exchange, and another home was
purchased, in another, more friendly county, for $585k, in August, 2023, to use as another AirBnB/VRBO short-term rental (like-kind exchage).
1031 Boot amount of $0k.
One month later,buyer decided that he wants to get out of the short-term rental business (middle men AirBandB and VRBO always side with renters when there are damage disputes, and renters don't seem to care about other's property), and wonders if there will be any capital gains.
Yes? No?
Is he selling the replacement house, or just keeping it as a personal residence?
If selling the house: yes there will be capital gains and likely
depreciation recapture.
If not selling the house: Opinions will vary, but if you can
substantiate that the decision to get out of the short term rental
business really occurred after the exchange, then I believe no capital
gains at this time.
If you want to play it safe, rent the house long term. Then it is still
a rental property, and no capital gains.
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