lapsonluu
Level 2

So this is the actual scenario after doing research. 

Taxpayer has rental property M (her personal name holds the title) to sell but still needs to set up the selling process. She came across property F and thought it was a fantastic deal. She has considered doing a reverse 1031 but has considered the process very risky.
This is her thought process on another way to go about it.
She proposes to use her company (100% ownership) to acquire the property F first. In the meantime, she’ll also put up property M on the market (relinquished property). When she has an accepted offer, she can request the buyer to cooperate with her under 1031 tax deferred exchange through an accommodator. Then, she will identify property F (hold by her company) as the replacement property. Both sides (Taxpayer & her company ) will need to open an escrow to finalize the exchange, thru also the same accommodator.
 
The question is: will her exchange meets the qualification by the IRS due to the fact she’s also a member (or shareholder) of her company?
 
I'm sure the answer is no and this is definitely not the correct way to go about this process. Based on what she's telling me, it sounds like it's more of a 1031 exchange between her own properties with an unrelated buyer involved. Based on my research so far, her company will need to either gift or tax the property to her. Or the company will need to hold property F for 2 years unless they can prove this transaction should qualify as an exchange. 
 
Is that the correct way of going about it?
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