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Tag Archives: 1031 Exchange Gift

My dad did a 1031 Exchange last year. Before he died he gifted the property to me. Will I have capital gains tax?

When you dad did his 1031 Exchange last year, did intend to gift it to you? If not there have been court cases that stipulate that you, as an heir, would be subject to Capital Gains, though we cannot anything about any other taxes! We write write about this on our 1031 Exchange Information Center. [...]

Can I 1031 Exchange a property that I’m gifting to my daughter?

You should be very careful here. The IRS is quite specific regarding gifting 1031 Exchange properties. They have stated that there MUST be an actual sale in order for there to be an exchange. You will not get 1031 Exchange benefit merely if you intend to exchange—you must actually make an exchange of your property. [...]