How Many Months Prior to a 1031 Exchange Must a Taxpayer Own a Second Home or Vacation Home?

By Alice Nichols

If you’re considering a 1031 exchange for your second home or vacation property, it’s important to understand the timeline involved. The IRS has specific rules on how long you need to own the property before you can qualify for a 1031 exchange. In this article, we’ll explore how many months prior to a 1031 exchange must a taxpayer own a second home or vacation home.

What is a 1031 Exchange?

Before we dive into the specifics of owning a second home or vacation property for a 1031 exchange, let’s first define what it is. A 1031 exchange, also known as a like-kind exchange, is a tax-deferment strategy that allows real estate investors to sell one property and purchase another without paying capital gains taxes on the sale.

How Does Owning a Second Home or Vacation Property Impact a 1031 Exchange?

The IRS requires that you own the property for both personal use and investment purposes for at least two years prior to selling it through a 1031 exchange. If you rent out your second home or vacation property for part of the year and use it personally during other times, you may still qualify for a 1031 exchange as long as you follow these guidelines.

The Two-Year Rule

As previously mentioned, the two-year rule requires that you own your second home or vacation property for at least two years prior to selling it through a 1031 exchange. This means that if you’re thinking about using this tax-deferment strategy, you need to plan ahead and make sure that you hold onto the property long enough to meet this requirement.

The Safe Harbor Rule

In addition to the two-year rule, there is also something called the safe harbor rule. This rule allows taxpayers who rent out their second homes or vacation properties for up to 14 days each year to still qualify for a 1031 exchange. This means that if you rent out your property for two weeks or less each year, it will not be considered a rental property for tax purposes.

Conclusion

If you’re considering a 1031 exchange for your second home or vacation property, it’s important to understand the rules around how long you need to own the property before you can qualify. The two-year rule and safe harbor rule are both important guidelines to follow in order to ensure that you’re eligible for this tax-deferment strategy. By planning ahead and following these rules, you can save money on capital gains taxes and reinvest in a new property that better suits your investment goals.