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April 25, 2023
Question

1031 Exchange and Tax Filings

  • April 25, 2023
  • 1 reply
  • 0 views

Hello 

Need some advice. My dad sold investment property in Florida. The net proceeds went into a 1031 exchange company. We have identified a new property and him /I are reinvesting into a new property in South Carolina as rental also. I will take an equity loan from my primary residence to make up the difference of the purchase price. The house will be paid for at that point.

On my next years' taxes:

1. Will I be able to claim deductions for property taxes, insurance, maintenance, depreciation etc. costa associated with the property.

2. The rent from this property will generate some profit that my dad will take as income because he only receives social security (minimal amount per year). Will I have to include that as 1099 for him at the end?

and if yeas he will have to claim that as additional to his social security when he files.

 

Just trying for the best to work out legitimately

 

Thank you

    1 reply

    Critter-3
    April 26, 2023

    You and your dad have a partnership and should file a form 1065 accordingly which will issue a K-1 form to each partner for their portion of the profit/loss on the rental. 

    desanto05Author
    April 27, 2023

    @Critter-3  instead of that, wouldn't I be able to document a deduction on whatever I give to him on schedule E line 19 as "recipient adjustment to 1099 misc income" or something similar? I project to give him like 10-12k for an entire year plus whatever he gets in social security which is like $11K

    Critter-3
    April 27, 2023

    Doesn't legally work that way ... please seek a local professional to discuss your options.