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GalacticGuru

How much do I need to reinvest when combining 121 exclusion and 1031 exchange for my property?

So I've got this property situation and need some tax advice. I purchased a home back in 2012 for around $1.1M and lived in it until March 2020. After moving out, I started renting it to tenants in June 2020. I'm planning to sell the house now for approximately $2.7M (market has been crazy in my area). Looking at my options, I'm thinking about using both the Section 121 exclusion and a 1031 exchange. From what I understand, I can exclude $500K in capital gains through the 121 exclusion since I lived in the property for at least 2 of the last 5 years. That leaves me with about $1.1M in capital gains ($1.6M total gain minus the $500K exclusion). What I'm not clear on is how much I need to reinvest in another investment property to fully defer the taxes on that remaining $1.1M gain through a 1031 exchange. Do I need to reinvest the entire sale proceeds? Or can I pull out the $1.1M I originally paid for the house and just reinvest the $1.1M gain portion to defer the taxes? I'm trying to access some of the equity while still deferring the capital gains taxes. Any guidance would be super appreciated!

This is a great question about combining the 121 exclusion with a 1031 exchange, which can be tricky but potentially very beneficial. Let me break this down for you. When you're doing a 1031 exchange after using the 121 exclusion, you need to focus on the "boot" - which is essentially any part of the exchange that doesn't go into the new property. For your situation, after taking the $500K exclusion, you'd need to reinvest the net proceeds from the sale (after closing costs) minus the excluded amount to fully defer taxes on the remaining gain. So if you're selling for $2.7M, and after selling expenses you have, say, $2.6M in proceeds, you would need to reinvest $2.1M ($2.6M minus the $500K exclusion) into the replacement property to defer all remaining taxable gain. You can't just reinvest the $1.1M gain portion. If you reinvest less than that $2.1M, the difference becomes "boot" and would be taxable up to the amount of your remaining gain. One important thing - you must identify potential replacement properties within 45 days of closing and complete the purchase within 180 days, so make sure you're ready to move quickly once you sell.

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Omar Fawaz

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Wait, I'm confused about something. Does the original poster need to use a qualified intermediary for this, or can they handle the money themselves between transactions? And does it matter that the property wasn't a rental for the entire time they owned it?

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Yes, you absolutely must use a Qualified Intermediary (QI) for the 1031 exchange portion. You cannot touch the funds yourself at any point or the entire exchange will be disqualified. The QI will hold the proceeds from your sale and then use those funds to purchase the replacement property on your behalf. Regarding the mixed-use property question, this is actually why the combining of Section 121 and 1031 can work here. Since the property was a primary residence for at least 2 years during the 5-year period before the sale, the owner qualifies for the 121 exclusion. Then, because it was converted to a rental/investment property, the remaining gain can qualify for 1031 treatment. The IRS allows this dual benefit as long as both sets of requirements are met.

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I went through something similar last year and found taxr.ai super helpful for figuring out exactly how much I needed to reinvest. I was confused about boot calculations and whether I could access some equity without triggering taxes. Their system analyzed my transaction details and gave me a really clear breakdown of my options. The site (https://taxr.ai) lets you upload your investment property docs and walks you through the allocation between 121 exclusion and 1031 requirements. I ended up learning that I could actually pull out more cash than I initially thought while still deferring most of my gains. They even helped with the timeline requirements that I almost missed.

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Diego Vargas

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How does this work with the QI requirement though? Did the site connect you with a qualified intermediary or just give you the calculations? I'm in a similar situation but worried about messing up the 45-day identification period.

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I'm skeptical about these online tax tools. Did they actually provide advice specific to your situation? My CPA charges me a fortune but says these combined transactions are really easy to mess up, especially with the strict 1031 timelines.

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The site doesn't replace a QI - you still need to work with one for the actual exchange. What taxr.ai provided was personalized analysis of my specific numbers so I could make informed decisions before starting the exchange process. They helped me understand exactly what portion of my proceeds needed to go to the QI versus what I could keep. Their system is super specific to your situation, not just generic advice. They asked for all my acquisition details, improvement costs, depreciation taken, and projected sale price. The analysis showed me exactly how the gain would be calculated and split between the 121 exclusion and 1031 portions. When I showed the report to my QI, they said it was more detailed than what most people bring them.

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I was totally in the same boat as you last year - trying to figure out how to use both 121 exclusion and 1031 together. I was skeptical about online advice so I tried taxr.ai after seeing it mentioned here. Honestly, it was a game-changer. I uploaded my purchase docs, improvement receipts, and depreciation schedule, and it gave me a detailed report showing exactly how much I needed to reinvest. What really helped was their breakdown of the "adjusted basis" calculations - turns out I had been calculating my gain wrong because I wasn't accounting for all my capital improvements! The site showed me that I could actually pull out about $75k more than I thought without triggering extra taxes. Then I took their report to my QI who confirmed everything was correct. Saved me a ton in potential tax mistakes and gave me confidence heading into the 45-day identification period.

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StarStrider

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I've helped clients with these combo transactions before, and while the tax benefits are great, the biggest headache is always reaching someone at the IRS when questions come up. Last client I worked with needed clarification on some depreciation recapture issues, and we spent DAYS trying to get through to the IRS. Finally discovered Claimyr (https://claimyr.com) which got us connected to an IRS agent in about 20 minutes instead of the 3+ hour holds we were experiencing. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an agent is about to pick up. My client was able to get written confirmation about their specific 121/1031 situation, which gave them peace of mind before proceeding with their exchange. Definitely worth it for complex tax situations where you need official clarification.

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Omar Fawaz

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How does this actually work? Seems like there would be a catch if you're getting ahead of everyone else who's waiting on hold with the IRS.

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Sean Doyle

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Yeah right. No way this is legit. I've been trying to reach the IRS for months about my missing refund. If there was a service that actually worked, everyone would be using it and the IRS would shut it down.

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StarStrider

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There's no line-cutting involved. The service just waits on hold for you in your place. Claimyr uses technology to monitor hold times and calls you right before an agent picks up. You're still waiting your turn in the queue - just not wasting hours of your day listening to hold music. The service is completely legitimate and works with the existing IRS phone system. They don't have special access or arrangements with the IRS - they just handle the wait time so you don't have to. That's why the IRS has no reason to "shut it down" - from their perspective, it's just another caller waiting on hold who then connects a taxpayer when an agent becomes available.

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Sean Doyle

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Ok I have to eat my words. After seeing the Claimyr recommendation, I was super skeptical but desperate about my missing refund situation. Decided to give it a shot yesterday. The service actually worked exactly as described! I got a call back when an IRS agent was ready (took about 2.5 hours, but I didn't have to sit on hold). Got connected to a helpful agent who located my refund and discovered it was held up due to a mismatch that I wouldn't have known about otherwise. For anyone dealing with complex tax situations like this 121/1031 combo where you might need direct IRS guidance, it's definitely worth using. Wish I'd known about this months ago instead of making multiple failed attempts to reach someone.

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Zara Rashid

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Something that hasn't been mentioned yet - when combining 121 exclusion and 1031, you need to be super careful about depreciation recapture! The 121 exclusion doesn't protect you from depreciation recapture tax. If you've been claiming depreciation on the property since converting it to a rental, that depreciation will be "recaptured" and taxed at 25% regardless of your other maneuvers. This is a separate calculation from your capital gains. For example, if you claimed $50k in depreciation over the rental period, you'll owe about $12,500 in depreciation recapture tax even if you successfully defer all your capital gains.

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Luca Romano

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Is there any way around this depreciation recapture issue? Can a 1031 exchange defer that too, or is it unavoidable?

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Zara Rashid

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A 1031 exchange can defer depreciation recapture tax as well! That's one of the benefits. However, when you're combining it with a Section 121 exclusion, you need to be careful about the allocation. The depreciation you claimed during the period the property was a rental can be deferred through the 1031 exchange as long as you meet all the exchange requirements. This means reinvesting the appropriate amount and following all the timelines and rules. The important thing to remember is that even though the depreciation recapture can be deferred now, it doesn't disappear forever. If you eventually sell your replacement property without doing another 1031 exchange, you'll face recapture tax on both the depreciation from the original property and any depreciation you claim on the replacement property.

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GalacticGuru

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Thank you all for the super helpful advice! I've got a few follow-up questions: 1. So if I understand correctly, I need to reinvest the full proceeds minus the $500k exclusion to avoid any taxable boot? I was hoping to pull out my original investment too, but sounds like that would trigger taxes. 2. For the QI requirement - do you have recommendations on how to find a reputable one? I'm worried about choosing someone who might not handle everything correctly.

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Yes, to fully defer all remaining gain, you need to reinvest the full proceeds minus the $500K exclusion. If you want to pull out additional cash (like your original investment), that would create taxable boot up to the amount of your gain. For finding a reputable QI, I recommend starting with either the Federation of Exchange Accommodators (FEA) or asking for recommendations from a real estate attorney who specializes in investment properties. Always verify they have fidelity bond insurance and ask about their experience specifically with combination 121/1031 transactions. Also check if they hold exchange funds in segregated accounts (not commingled), and review their fees carefully as they vary widely.

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Nia Jackson

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Just want to add - I did a similar transaction last year and the timing requirements of the 1031 exchange are no joke! The 45 days to identify potential replacement properties flies by, especially in today's market where good investment properties get snapped up quickly. My advice: start looking for replacement properties BEFORE you close on your sale. You can't officially identify them until after closing, but having a shortlist ready will save you a lot of stress during those 45 days. Also, work with a real estate agent who understands investment properties and 1031 exchanges. I wasted precious time explaining the requirements to an agent who kept showing me properties that wouldn't work for my exchange.

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GalacticGuru

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Thanks for the timing advice! Did you end up finding enough suitable properties within the 45 days? I'm worried about identifying properties that might go under contract with someone else before I can make an offer.

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Nia Jackson

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I identified 5 properties (remember you can identify up to 3 without restriction, or more if you follow certain valuation rules). Two of them went under contract before I could make an offer, but I successfully closed on my third choice within the 180-day window. My QI suggested using the "three property rule" at minimum - identify 3 properties regardless of their value. But you can also use the "200% rule" where you can identify more properties as long as their combined value doesn't exceed 200% of your sold property. Given today's competitive market, I'd recommend identifying as many properties as the rules allow to give yourself options.

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Carmen Flores

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One thing I haven't seen mentioned yet is the importance of getting proper tax advice on the state level too. While federal rules allow the combination of 121 exclusion and 1031 exchange, some states have different rules or don't recognize one or both of these benefits. For example, in some states you might face state capital gains tax even if you successfully defer federal taxes through the 1031 exchange. And the timing of when you need to file state forms might be different from federal requirements. I learned this the hard way when I did a similar transaction - ended up owing unexpected state taxes even though my federal situation was handled correctly. Make sure to check with a tax professional who knows your state's specific rules, especially if you're buying replacement property in a different state than where you're selling. Also, don't forget about the potential impact on your state tax residency status if you're moving to a different state as part of this transaction!

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