• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Real estate tax question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

shemelst

Junior Member
What is the name of your state? Colorado

I own a home free and clear. Bought it for $215k in 1996. It is now worth $320k. I want to turn it into a rental home but do not want to lose the capital gains exemption on the $115k gain.

Two questions:

1. Is the tax basis at the time I make it a rental the fair market value at that time($320k)? Or do I have to use what it cost me in 1996 ($215k)?

2. Is it legal to sell the home to an LLC that I own and have the LLC own it as the rental? The LLC (with me signing personally for the mortgage) would get a mortgage and pay me the $320k. Then the LLC with me as owner would rent the property. Since a sale took place to the LLC is the exemption on the gain maintained? Is the basis $320k for the home when the LLC takes title?

Thanks for your help. Steve
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top