IntuitJim
Employee
Employee

Jim, thanks for joining the Community and good question. 1031 Exchanges apply to investment or business real estate, not residential property. To qualify, the property can't immediately be converted to personal use. In 2008 the IRS set forth a safe harbor rule, under which it said it would not challenge whether a replacement dwelling qualified as investment property for purposes of a 1031. To meet that safe harbor, in each of the two 12-month periods immediately after the exchange: (1) you must rent the dwelling unit to another person for a fair rental for 14 days or more; and (2) your own personal use of the dwelling unit cannot exceed the greater of 14 days or 10% of the number of days during the 12-month period that the dwelling unit is rented at a fair rental.

Good luck!

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