My accounant tells me that the IRS is suspicious of any 1031 that involves family members. So if a family member is going to be involved in any way, be extra careful that the exchange is done exactly by the book.
I sincerely suggest that if you are going to do much real estate that you get an accountant that specializes in real estate and knows the tax law that applies to real estate.
I have the following questions on 1031 exchanges and will
ask you fine and knowledgeable people for your advice:
In a 1031 exchange, is there any problem with the IRS rules,
if the property up for sale is sold to a family member (i.e.
father sells to grown son).
Regarding question one, what if the son has a mortgage
that is either co-signed by the father or father carries part or
all of the mortgage on the sale, is there any problem with
this arrangement?
If the property being sold is in a proprietorship (sched C)
can the newly purchased property be bought in a newly formed
corporation, as long as the proprietor is a shareholder? Or
does the proprietor’s property have to remain as a proprietor
for 1031 tax deferral privilege?
Lastly, what is the best IRS publication to get regarding
detailed 1031 information? Can you suggest other “free” web
sites or publications on 1031 exchanges?
How’s that for some heavy duty stuff? Thanks in advance for
your help! What a great site you have.