Converting Investment Property to Your Primary Residence (2024)

FAQs

Can you convert an investment property into primary residence? ›

For example, if an investor decides to transform their rental property into their primary residence, they can do so if they follow the rules. The primary stipulation from the IRS is that the investor must maintain the property as a rental for at least two years following the exchange.

To avoid paying capital gains taxes, you must retain the property as a rental unit for at least two years before you can convert it into a vacation house or primary residence.

Converting after a 1031 Exchange

You must use the 1031 to purchase property you intend to use for investment purposes. However, you can convert a 1031 property into your primary residence after holding it for productive use in business or trade for a period of time.

Ownership Taxes and Deductions

Once you occupy the home as your personal residence, you will no longer be able to take any of the deductions you took when the property was a rental. This means you will get no depreciation deduction and you can't deduct the cost of repairs.

You can sell your primary residence and be exempt from capital gains taxes on the first $250,000 if you are single and $500,000 if married filing jointly.

Yes, you can! There are important tax and mortgage regulations and requirements you'll need to consider, but with the right strategy, you can make your home an investment while you live there.

The 2-out-of-five-year rule states that you must have both owned and lived in your home for a minimum of two out of the last five years before the date of sale. However, these two years don't have to be consecutive, and you don't have to live there on the date of the sale.

Rental Investment Property

For a property to be considered an investment property, the owner must not live in the property for personal use for more than 14 days a year or more than 10% of the total days it is used as a rental at fair market rental rates.

For investors with a long term time horizon, a commitment to real estate assets, and a desire to grow their capital in a tax deferred manner, the answer is yes, a 1031 Exchange is probably worth it.

The taxpayer and the related party must hold the properties that each received as part of the 1031 Exchange transaction for a minimum of two (2) years. The two (2) year holding period starts running on the date of the transfer or conveyance of the last property involved in the 1031 Exchange related party transaction.

Can a second home become a primary residence? ›

Yes, you can convert your second home to your primary residence. To make your second home your primary residence you'll first need to move into the home. Then, you'll make it official by taking the necessary steps to update numerous government and business entities of your new primary residence.

Set-up, Administrative Fees and Per Property Costs

Institutional Qualified Intermediaries, like Exeter 1031 Exchange Services, LLC, typically charge a set-up or administrative fee in the range of $850.00 to $1,200.00 for each 1031 Exchange transaction.

If you have owned and occupied your property for at least 2 of the last 5 years, you can avoid paying capital gains taxes on the first $250,000 for single-filers and $500,000 for married people filing jointly.

A principal residence can be verified through utility bills, a driver's license, or a voter registration card. It may also be proved through tax returns, motor vehicle registration, or the address closest to your job.

Investors may avoid paying tax on depreciation recapture by turning a rental property into a primary residence or conducting a 1031 tax deferred exchange. When an investor passes away and rental property is inherited, the property basis is stepped-up and the heirs pay no tax on depreciation recapture or capital gains.

The IRS allows no specific tax exemptions for senior citizens, either when it comes to income or capital gains. The closest you can come is a back-end tax advantaged retirement account like a Roth IRA which allows you to withdraw money without paying taxes.

If you have a capital gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income, or up to $500,000 of that gain if you file a joint return with your spouse. Publication 523, Selling Your Home provides rules and worksheets.

Converting a rental property into a primary residence allows real estate investors to exclude up to $500,000 in taxable capital gains, or $250,000 for taxpayers who are single.

The 2% rule is the same as the 1% rule – it just uses a different number. The 2% rule states that the monthly rent for an investment property should be equal to or no less than 2% of the purchase price. Here's an example of the 2% rule for a home with the purchase price of $150,000: $150,000 x 0.02 = $3,000.

A good rule is that a 1% increase in interest rates will equal 10% less you are able to borrow but still keep your same monthly payment. It's said that when interest rates climb, every 1% increase in rate will decrease your buying power by 10%. The higher the interest rate, the higher your monthly payment.

What should I avoid in investment property? ›

For tax purposes, you'll have to designate one of the homes as your primary residence, even if it's an arbitrary choice. Typically, you cannot finance both homes as primary residences simultaneously.

The 7 year rule

No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.

This rule states that a person selling a flipped home must own the home for more than 90 days before home buyers can purchase the property. Sellers who plan on flipping a house generally buy a distressed property, give them some TLC, and then sell them for a profit.

The Rule of 72 is a simple way to determine how long an investment will take to double given a fixed annual rate of interest. By dividing 72 by the annual rate of return, investors obtain a rough estimate of how many years it will take for the initial investment to duplicate itself.

Always Rent at Fair Market Value

If you appear to have used the home for more than 14 days, the IRS will no longer view it as a rental property. If you rent at a lower rate than the fair market rate to a relative for more than that, the home in question will be removed from the rental property category.

If the purchase of one of the properties fell through, the entire 1031 exchange will be disqualified because the exchanger did not acquire 95% of the fair market value identified (9/10 =90%). Of course, the result could be different in scenarios where some of the properties are more valuable than the others.

One of the downsides of 1031 exchanges is that the tax deferral will eventually end and you'll be hit with a big bill. However, there is a way around this.

The 1031 exchange structure can be difficult for some people to deal with, especially if there are multiple people involved in the real estate investment. For example, if you invest with other people and only some people want to do a 1031 exchange, this can be a problem.

What is the 75% rule for 1031 exchange? ›

Replacement Property Must be Same as What Was Identified.

The property acquired is substantially the same because what the taxpayer received was not different in nature or character from what was identified, and the taxpayer acquired 75% of the fair market value of the property identified.

The purchase and closing of the replacement property must occur no later than 180 days from the time the current property was sold. Remember that 180 days is not the same thing as 6 months. The IRS counts each individual day, including weekends and holidays (even federal holidays), to determine the 180-day time frame.

Under IRC §1031, the following properties do not qualify for tax-deferred exchange treatment: Stock in trade or other property held primarily for sale (i.e. property held by a developer, “flipper” or other dealer) Securities or other evidences of indebtedness or interest. Stocks, bonds, or notes.

A second home is a one-unit property that you intend to live in for at least part of the year or visit on a regular basis. Investment properties are typically purchased for generating rental income and are occupied by tenants for the majority of the year.

Lending companies cannot force a homeowner to live in a home when they have legitimate reasons –– or even desires –– to move. However, to get out of the owner-occupancy clause on a primary residence home loan, the owner should be able to prove that they had every intention of occupying the home at the time of purchase.

Commercial property including rental properties, condominiums, shopping centers, strip malls, timberland, gas and water interests, and land represent real property eligible for a 1031 exchange. One of the popular examples of 1031 Exchange replacement properties include Delaware Statutory Trusts or DST properties.

Typical DST Returns on a 1031 exchange investment could yield between 5%- 8% of monthly distributions based on your fractional interest.

For these reasons, it's essential to engage an expert to assist with a 1031 exchange transaction. Some banks offer the service, although most large ones do not have much experience. Wells Fargo is one example of a major bank that provides the service.

1. Live in the house for at least two years. The two years don't need to be consecutive, but house-flippers should beware. If you sell a house that you didn't live in for at least two years, the gains can be taxable.

What will capital gains tax be in 2023? ›

Long-term capital gains tax rates for the 2023 tax year

In 2023, individual filers won't pay any capital gains tax if their total taxable income is $44,625 or less. The rate jumps to 15 percent on capital gains, if their income is $44,626 to $492,300. Above that income level the rate climbs to 20 percent.

When selling a primary residence property, capital gains from the sale can be deducted from the seller's owed taxes if the seller has lived in the property themselves for at least 2 of the previous 5 years leading up to the sale. That is the 2-out-of-5-years rule, in short.

Here's how it works: Taxpayers can claim a full capital gains tax exemption for their principal place of residence (PPOR). They also can claim this exemption for up to six years if they moved out of their PPOR and then rented it out.

If you own and live in just one home, then that property is your main home. If you own or live in more than one home, then you must apply a "facts and circ*mstances" test to determine which property is your main home. While the most important factor is where you spend the most time, other factors are relevant as well.

Ownership Taxes and Deductions

Once you occupy the home as your personal residence, you will no longer be able to take any of the deductions you took when the property was a rental. This means you will get no depreciation deduction and you can't deduct the cost of repairs.

However, not depreciating your property will not save you from the tax – the IRS levies it on the depreciation that you should have claimed, whether or not you actually did. With this in mind, depreciating your property doesn't hurt you when you sell it, but it really helps you while you own it.

Whether or not you choose to take depreciation doesn't matter to the IRS. When you sell a property, the IRS levies the fee on the depreciation you should have claimed.

While converting a rental property to a residential property is as simple as just moving in, the financial implications are much more significant. Converting it from a rental to a residence removes your ability to deduct expenses from the property from your taxes.

The second tax break is called a Section 1031 (also called like-kind exchange), which allows taxpayers to defer paying capital gains tax on an investment property sale by using the proceeds to buy another similar property.

What are the disadvantages of a 1031 exchange? ›

The IRS lets you swap or exchange one investment property for another without paying capital gains on the one you sell. Known as a 1031 exchange, it allows you to keep buying ever-larger rental properties without paying any capital gains taxes along the way.

Look into a 1031 Exchange

If you're looking to continually fix and flip and make your side hustle a full-time job, a 1031 like-kind exchange is a great tax strategy for flipping houses. In a 1031 exchange, you can defer capital gains tax liability on the sale of an investment property.

Use a 1031 Exchange

A 1031 exchange, a like-kind exchange, is an IRS program that allows you to defer capital gains tax on real estate. This type of exchange involves trading one property for another and postponing the payment of any taxes until the new property is sold.