What effect will the new 1031 ruling have on vacation rentals?

The IRS recently issued a ruling that will force second home owners to rent their properties if they want to sell and do a 1031 tax deferred exchange into another property.  With two years of rentals and only 14 days or less of owner use per year, they will be able to do the exchange and defer taxes (assuming they will rent the replacement property as well).  In the past, the rules were not clear, and many who only rented occasionally and had a lot of owner use went ahead and did the 1031 as there was nothing that said that it would not be allowed. 

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The new ruling may have an impact on people who do not use their second homes much anyway.  I would think that, if they intend to sell in the future, they would make sure they have the two years of records showing owner use vs rentals.  In my market, many people live only an hour or two away, and use their second homes much more than 14 days a year.  They will not be willing to curtail their use, and may just bite the bullet and pay the taxes if they sell.  Perhaps they will decide not to sell, and just hold on to it to avoid paying the taxes.   The good news in most resort areas will be that there is a gain on which to pay taxes, unlike many metropolitan areas of primary residences. 

The lines between second home and rental property are now going to be much more clearly defined! 

 

16 Comments on What effect will the new 1031 ruling have on vacation rentals?

this could be real interesting...I think I woud stick to a good company that really knows what they are doing!

03/01/2008 09:51 PM by William Feela Whispering Pines Realty (Whispering Pines Realty)


Joanne, I have a friend who has a second home in Vail.  She rents it some and spends some time there.  This sounds like something she needs to know about.  Especially if she is looking at selling anytime in the near future.  I know she has talked about selling but I don't think she is serious.  Either way she should know about it.

03/01/2008 09:53 PM by Marchel Peterson Spring TX Real Estate E-Pro ABR (Results Realty)


William, a good company who stays up on new rulings will make a difference!

03/01/2008 09:57 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Marchel, some preplanning will definitely make a difference now.  As long as it is rented two years prior to selling, she will be ok, but I would still have her check with her tax advisor as she will have other things that come in to the equation, I am sure. 

03/01/2008 09:59 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Hi Joanne - I heard, too, that the owner can count time spent in the property towards the rental % if they are there to do maintenance, etc., as long as they have records to prove what they were there for?

03/01/2008 10:16 PM by Virginia Hepp Mesquite NV REALTOR>> Mesquite NV Real Estate (Mesquite GMAC Real Estate)


Virginia, I understand that to be true, but I bet if the owner tried to claim 6 weeks of maintenance it would be suspect!

03/01/2008 10:19 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Howdy - we are seeing an increase of people adding their second homes to our vacation rental programs - we suspect that this ruling has something to do with it

03/01/2008 10:49 PM by Central Oregon Real Estate | Thesa Chambers, Broker (RE/MAX Sunset Realty La Pine)


Hi Thesa, I didn't realize you did vacation rentals too.  I know that the numbers of people using vrbo.com and similar websites is growing, and I am guessing that trend will continue.  Ready for spring yet? 

03/01/2008 10:54 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Joanne - my mother-in-law who has a rental in Lake Tahoe, "got lucky" with a bad foundation and burst pipes, and had to spend a few weeks there.  She stayed at Harrah's!

03/03/2008 02:24 AM by Virginia Hepp Mesquite NV REALTOR>> Mesquite NV Real Estate (Mesquite GMAC Real Estate)


Joanne- Hopefully the clarification will encourage people to buy who never thought the 1031 exchange was a possibility for them.

03/04/2008 07:59 AM by Jennifer Steck- Denver Real Estate (Rocky Mountain Homescapes, Keller Williams, Denver Colorado)


I look forward to more clarification--anytime the rules are murky and unclear, even the most prepared and knowledgeable people can have difficulties understanding their rights and responsibilities.

Being able to better understand one's place within the definitions of tax code will be a good thing.

03/05/2008 07:31 AM by Kent Simpson REALTOR®, CNS®, AHS®, RECS® (with The Pepper Group™ Diversified Real Estate)


Virginia, Harrah's would be a good place to stay!  Hopefully she made enough money to pay for the repairs ;)

03/05/2008 10:33 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Jennifer, anything that helps people decide to buy is a good thing!  :)

03/05/2008 10:34 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Kent, it is nice that we finally do have some clarification, but it means that a lot of people who did 1031 exchanges before and thought they would be ok, can no longer do them.  I have a few people who have done a  couple of 1031s and now have a lot of gain built up, but unless they rent their condos out and not use it so much themselves, they will now have to pay the piper when they sell it.  It is either that or die!  (Heirs inherit at current value and the gain goes away.)

03/05/2008 10:36 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


we are hearing a lot of scuttle but about this new ruling - most seem to be ok with it.... but as you can imagine like your area - a large percentage of people are second home owners and buyers

03/28/2008 12:31 AM by Central Oregon Real Estate | Thesa Chambers, Broker (RE/MAX Sunset Realty La Pine)


Thesa, it will affect us all one way or another.  I suspect people may delay selling in order to get their ducks in a row first. 

03/28/2008 12:46 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


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Real Estate Agent: Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)
Summit County, Colorado Realtor l Joanne Hanson
Frisco, CO
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The Colorado mountains, real estate, ski resorts, lifestyle and vacation homes is my focus. We talk about buying and selling ski condos in Breckenridge, Keystone and Copper Mountain. Homes and land in Frisco, Dillon and Silverthorne are also in our market area

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