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Nasira Ibanez

Can I avoid capital gains tax when selling stock to purchase business property?

I've been holding some stocks for several years and I'm planning to sell them to fund a commercial property purchase. The property would be for my wife's business (she operates as a sole proprietorship) and we're talking about a significant amount of money here. The stocks have appreciated quite a bit since I bought them and I'm looking at some substantial long-term capital gains. Before I pull the trigger, I wanted to check if there's any way to avoid or defer the capital gains taxes on the stock sale? Since the money is going directly into a business property, it seems like there should be some kind of exemption or special treatment. My wife's business has been growing steadily and this would be our first commercial property purchase. Any advice on minimizing the tax hit would be really appreciated!

Khalil Urso

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The short answer is that unfortunately, selling stock to buy business property doesn't qualify for any direct capital gains tax exclusion. When you sell appreciated stock held for more than a year, you'll owe long-term capital gains tax regardless of what you plan to do with the proceeds. However, there are a few strategies to consider. If you have any capital losses this year or carried over from previous years, you can use those to offset your gains. Another option might be to sell the stocks gradually over multiple tax years to spread out the tax burden, rather than triggering all the gains in one year. Once you purchase the commercial property for your wife's sole proprietorship, she can depreciate the property over time (typically 39 years for commercial real estate), which will provide some tax benefits going forward. She'll also be able to deduct expenses related to the property on Schedule C.

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Myles Regis

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Thanks for explaining! I was wondering - could they potentially do a 1031 exchange or something similar? I thought there was some way to roll over investment gains if you're buying another investment property.

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Khalil Urso

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Good question. A 1031 exchange (like-kind exchange) only applies when you're selling one investment property and buying another similar investment property. Unfortunately, it doesn't apply when selling stocks or securities to buy real estate - the assets need to be of "like kind." Section 1031 specifically excludes stocks, bonds, and securities from qualifying for tax-deferred treatment. The IRS views stocks and real estate as fundamentally different asset classes, even if both are held for investment purposes.

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Brian Downey

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I was in a similar situation last year and discovered taxr.ai when I was trying to figure out how to minimize my capital gains taxes. I had accumulated some tech stocks over 10 years and needed to liquidate them to expand my business. The standard advice wasn't really helping my specific situation. I used https://taxr.ai to analyze my portfolio and tax situation, and they helped identify some offsetting losses I didn't realize I could use. They also showed me how to time my stock sales strategically and explained exactly how the property depreciation would work once purchased. They even found some state-specific tax credits I qualified for that my regular accountant missed.

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Jacinda Yu

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How long did the analysis take? I'm facing a similar decision but need to move pretty quickly on a property that just came on the market.

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I'm curious how this compares to just talking to a CPA? Did you find they gave you different advice than what a tax professional would give? I've always been skeptical of tax software for complex situations.

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Brian Downey

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The analysis took about 48 hours for me, but they have expedited options if you're on a tight timeline. They were able to run different scenarios quickly once they had my information in their system. As for comparing to a CPA, I actually took their recommendations to my accountant afterward, and he was impressed with the thoroughness. What I found valuable was that they specialize in investment-to-business conversions and had more specific experience with my situation than my general CPA did. They aren't just software - they have tax professionals who review everything and provide personalized advice.

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Just wanted to follow up about my experience with taxr.ai after being skeptical in my earlier comment. I decided to give them a try since I was selling some Amazon stock to buy a warehouse for my distribution business. Honestly, I'm really glad I did! They found a way for me to structure the purchase where I could contribute the stock to a specific type of entity first, which saved me about 15% on my overall tax bill compared to selling outright. What impressed me was the detailed comparison showing exactly what would happen under different scenarios - selling all at once, selling in lots over time, using an installment sale for part of the property, etc. They even connected me with a real estate attorney who specialized in business property transactions. Definitely worth checking out if you're making big financial moves like this!

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Callum Savage

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Ally Tailer

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Wait, how does this actually work? Do they have some special line to the IRS or something? I don't understand how they can get through when nobody else can.

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Yeah right. Sounds like a scam to me. Nobody can get through to the IRS these days. I've tried calling for 3 weeks straight about my missing refund and can't even get in the queue.

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Callum Savage

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They don't have a special line to the IRS - they use technology to continuously redial and navigate the phone tree, then wait on hold so you don't have to. When an agent finally answers, they call you and connect you directly with the IRS agent who's on the line. It's basically just automating the tedious parts of getting through. I was skeptical at first too. I had spent over 8 hours across multiple days trying to get through myself. But it worked exactly as advertised - I got a call about 20 minutes after signing up, and there was an actual IRS agent on the line ready to help with my capital gains questions.

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I need to eat some humble pie here. After my skeptical comment yesterday, I decided to try Claimyr as a last resort for my refund issue. I figured I had nothing to lose since I'd already wasted so many hours trying to call the IRS myself. Holy crap it actually worked! Got connected to an IRS rep in about 45 minutes (they said the wait times were higher than usual). The agent was able to see that my return had been flagged for a manual review due to some investment sales reporting discrepancy. She unflagged it right there on the phone and said my refund should process within 2-3 weeks. Saved me months of waiting for letters back and forth! For anyone dealing with stock sales and capital gains questions like the original poster, being able to actually talk to someone at the IRS who can give authoritative answers is incredibly valuable. Especially when you're making big financial decisions.

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Have you considered gifting the stock directly to your wife's business instead of selling it first? I'm not a tax pro, but I did something similar with my LLC. Might be worth looking into.

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Nasira Ibanez

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That's an interesting idea I hadn't thought of. Since her business is a sole proprietorship, would that even work? Wouldn't it still trigger a taxable event since it's essentially transferring to her personally?

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You're right that with a sole proprietorship it gets tricky since there's no legal separation between the business and the owner. If you formed an LLC or S-Corp first, you might have more options, but that introduces other complexities. One option might be to explore using the stock as collateral for a business loan to purchase the property instead of selling it outright. This way you keep the stock, avoid the capital gains for now, and can deduct the interest payments. The downside is you'd have ongoing debt, but if the stock continues to appreciate, it might be worth it long-term.

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Cass Green

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Does anyone know how the new business expense rules might impact depreciating commercial property? I heard there were some changes this year and wondering if that affects this situation.

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Commercial real estate is still depreciated over 39 years under straight-line depreciation. The recent changes mainly affected Section 179 expensing and bonus depreciation for personal property and qualified improvement property, not the building itself. For a sole proprietorship purchasing a commercial building, you'd still report the depreciation on Form 4562 and Schedule C. The property's purchase price (minus the value of the land, which can't be depreciated) determines your annual depreciation deduction.

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