1031 Exchange and Capital Gains

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Name:Steven Hickox
Location:Denver, Colorado, United States

Thursday, September 29, 2005

cash out upon sale

Comments: I have a property that is worth 300k and originally paid  29k.This leaves a 271k gain. Question: Can I pull the 29k from the sale  without being taxed.
 
The general rule to fully defer capital gain in a 1031 exchange is that you must trade equal or up in value and in equity.  Equity is created by you down payment, gradual reduction in loan amount and appreciation.  When you sell it doesn't matter how the equity is created, if you take sale proceeds out it will be treated as taxable capital gain and not as return of your original investment. Sorry.