Carlsbad, CA asked in Real Estate Law for Florida

Q: My partners want to sell their house I FL and move to MI to rent. Will they get taxed if not reinvested in real estate?

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: if they do a straight sale, then yes they will pay capital gains taxes once on the difference between their tax basis and the sale price. It is a one time tax. What they do with the money thereafter is their business.

Important, your question is really more of a question for an accountant or for a tax lawyer. I suggest that your partners consult with a tax professional to get the details of the tax ramifications that they will face when they sell the land.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: If the home is your primary residence, you may not owe tax if your gain is less than $250,000, you lived there more than 2 years and you did not exclude capital gains from another home in the last 2 years. Since you have multiple owners, your situation may or may not fall into that category. It may serve you to discuss your particular situation in greater detail with an attorney or accountant before you sign the closing documents. Best of Luck! Jennifer

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