1031 exchange?
Answer:
Lots of unanswered questions here. Are you going to live in the condo? Will you own it, or will your S Corp?
Exchange of improved for unimproved land is OK; I assume that the condo is considered real estate under local law.
If you plan to live in the condo, then I would say that its primary use will be as a personal residence and it should not qualify as business or investment property as sec. 1031 requires.
If you will not be living there, but will own the condo and lease it to your corporation, then I would think it should be treated as investment property and 1031 could apply.
If you will own it and simply allow your corporation to use it rent free, then arguably you are not holding it for business (because the corporation's business is not yours) or for investment (no income) -- though that's probably unduly harsh.
In short, depending upon the facts, I can see 1031 either applying or not applying.
Your own advisor should be your final guide; otherwise, you need a new advisor.
I agree with TaxGuru! The Sec. 1031 applies only if it is like-kind and only for in the use of a business. In such case, it depends not only on what the use of the condo is, but what was the use of the land at the time of sale. Do you have documents to support your claims? Remember that your CPA works for you and s/he should be very qualified to tell you, if you qualify or not.
Finally, 1031s (at least in the state of FL, I am not sure about everywhere else) have to be set up in advance of the purchase of the subsequent property (your condo). If it was not done so (meaning you touched the money prior to buying the condo), then you might not qualify for it, just based on that.
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