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Avoiding Capital Gains Tax

Posted on 5/4/10 at 2:05 pm
Posted by jbr
Member since Jun 2009
6 posts
Posted on 5/4/10 at 2:05 pm
I recently purchased a tanning salon, fixed it up, and now am prepared to sell it for a substantial profit. Can I roll this profit over into another investment in order to get out of paying the capital gains on it? Would it be the same as a 1031 exchange for homes? TIA
Posted by TheHiddenFlask
The Welsh red light district
Member since Jul 2008
18384 posts
Posted on 5/4/10 at 2:47 pm to
quote:

I recently purchased a tanning salon, fixed it up, and now am prepared to sell it for a substantial profit. Can I roll this profit over into another investment in order to get out of paying the capital gains on it? Would it be the same as a 1031 exchange for homes? TIA


If you have it in an LLC, I think you can. If it's a personal investment, then it's probably a little more hairy.
Posted by RedStickBR
Member since Sep 2009
14577 posts
Posted on 5/4/10 at 3:40 pm to
Yes, § 1031 of the code is broad for real property. Generally, you can roll any type of real property into other real property and avoid recognition. For example, you can swap unimproved property for improved property. You can also swap residential property for business property, as long as the residential property isn't your principal residence.

In your case, you are perfectly fine exchanging real property for investment purposes into other real property for investment purposes. You could not, however, exchange it for say stocks or bonds and then try to raise § 1031.
Posted by kfizzle85
Member since Dec 2005
22022 posts
Posted on 5/4/10 at 3:49 pm to
Right, so you have to do an asset sale (eg sell the building) and get another one in return, you can't sell the business though, right?
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 5/4/10 at 4:17 pm to
Section 1031 refers to like-kind assets. You have to be able to demonstrate that the asset(s) you are acquiring are the same as those you are disposing of. So you would need to acquire another small business to have any chance of convincing the IRS that your replacement property is of like-kind.

And a 1031 exchange does not avoid tax on the gain it defers the tax until some future date. Who knows if the tax rates on capital gains will be as low as the 15% current rate.
Posted by Rex
Here, there, and nowhere
Member since Sep 2004
66001 posts
Posted on 5/4/10 at 4:19 pm to
It's interesting to note that questions such as yours would be obsolete with a national sales tax, instead.
Posted by TheHiddenFlask
The Welsh red light district
Member since Jul 2008
18384 posts
Posted on 5/4/10 at 4:24 pm to
quote:

Rex


Why do you come to the MT to highjack a thread and attempt to change it into a poli board question?

Go home.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 5/4/10 at 8:59 pm to
quote:

It's interesting to note that questions such as yours would be obsolete with a national sales tax, instead.


So would most retirement plans that seek to avoid taxes. And municipal bonds - just try selling EBR Parish water bonds without the tax benefit.
Posted by Tiger JJ
Member since Aug 2010
545 posts
Posted on 5/4/10 at 9:56 pm to
quote:

And a 1031 exchange does not avoid tax on the gain it defers the tax until some future date. Who knows if the tax rates on capital gains will be as low as the 15% current rate.


This. If I were you, I would pay the 15% and run. They're basically telegraphing that it's going to go up and never be the low again.
Posted by LSURussian
Member since Feb 2005
133510 posts
Posted on 5/4/10 at 10:27 pm to
quote:

It's interesting to note that questions such as yours would be obsolete with a national sales tax, instead.
Moot point and mostly irrelevant.
It's NOT "instead" of the income tax. It's "in addition to" the income tax. At least if the professional politicians have their way.
Posted by jbr
Member since Jun 2009
6 posts
Posted on 5/5/10 at 8:12 am to
So if i found something similar to invest in, then sold this new investment for little or no profit, would this eliminate the appearance of profits made on the first investment? Thus eliminating most of the the tax needing to be paid?
Posted by Ray Finkle
Collier county
Member since Sep 2007
1779 posts
Posted on 5/5/10 at 9:12 am to
Just pay the CG tax on it and get it over with. You went in business to make money, remember.

Lots of people come into our office complaining about paying so much taxes. I tell them "I wish I paid your amount in taxes, It means I'm making a lot more money"

I wanna pay more taxes...just not more than I have to.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 5/5/10 at 10:13 am to
Why don't you do some research on 1031 exchanges? Google will direct you to all sorts of websites that can answer all of your questions rather than me trying to explain all of the ins and outs of 1031 exchanges.
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