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Coop 1031 exhange by the sponsor

Started by jborrero
about 15 years ago
Posts: 2
Member since: Mar 2009
Discussion about
Does anyone know if a sponsor of a coop can take advantage of a 1031 exchange? I am looking to buy in a building that the sponsor owns the majority of units but has mostly rented them but is now looking to sell some of his units. I am not sure if he can do this and am weary of signing anything related to the 1031. Thanks.
Response by rb345
about 15 years ago
Posts: 1273
Member since: Jun 2009

JB:

!. I looked into this years ago
2. I believe that thr IRS treats leases of more than 30 years, which is your typical Coop lease
3. as real property for purposes of IRC section 1031
4. you can also swap coop for coop
5. if there are left-overs please let me know
6. especially if they're rent-stabiliuzed or controlled
7. I also might want to trade

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Response by jborrero
about 15 years ago
Posts: 2
Member since: Mar 2009

What I am wondering about is whether being the sponsor of the coop affects whether an exchange can be done. there is an exclusion in the rule about properties primarily for sale. Does the fact that it has been rented for years affect whether the property is considred primarily for sale or would it then be considered property used in trade or business?

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