There are times when only one spouse is on title to the relinquished property and the taxpayer would like to add the spouse to the title to the replacement property. This is not encouraged since the other spouse was not the same taxpayer who sold the relinquished property. When a taxpayer does want to bring the spouse on title, advisors usually suggest waiting until the “exchange is old and cold.” Waiting several years should be sufficient.
Other times, only one spouse will be on title to property but the lender in connection with the replacement property financing will require the additional spouse to go on title as a condition of the loan. If this is a written request from the lender, rather than the taxpayer’s election, it is unlikely that the IRS would find it objectionable. Should someone wish to use an abundance of caution, a document could be drawn up confirming that the additional spouse is holding the interest “in trust” on behalf of the original spouse.
Can a LLC being used to hold the replacement property?
If the relinquished property is under the husband and wife's name, for the replacement property, can we use a LLC to hold the replacement property? The husband and wife will each hold 50% of the LLC.
刚刚卖了一个房，钱放在1031账号里，用的是我和老公两个人的名字。现在为了节约贷款名额，想用里面的钱买一个新房，deed只放在我老公名下。1031管理员说，新房的contract和commitment letter也必须要两个人的名字。都是这样的吗？新房deed是不是也必须要两个人名字？
2021.10月卖了一房A，此房的DEED仅有我队友的名字。卖时想都没想就在Seller处写了两个人的名字。
做1031Exchange，"Originator to Beneficiary Info"包括了我们两个人。
下周一准备close一个1031买房B，用队友一个人的名字。
二月准备再close一个1031买房C，用队友一个人的名字。
四月准备再close一个1031买房D，用我一个人的名字。
按你的说法，这样要交一部分税，我肯定不干。
问题：1，可以糊弄过去吗？
2，你有链接给我学学吗？
https://www.accruit.com/blog/same-taxpayer-requirement-1031-tax-deferred-exchange
The Same Taxpayer Rule and SpousesThere are times when only one spouse is on title to the relinquished property and the taxpayer would like to add the spouse to the title to the replacement property. This is not encouraged since the other spouse was not the same taxpayer who sold the relinquished property. When a taxpayer does want to bring the spouse on title, advisors usually suggest waiting until the “exchange is old and cold.” Waiting several years should be sufficient.
Other times, only one spouse will be on title to property but the lender in connection with the replacement property financing will require the additional spouse to go on title as a condition of the loan. If this is a written request from the lender, rather than the taxpayer’s election, it is unlikely that the IRS would find it objectionable. Should someone wish to use an abundance of caution, a document could be drawn up confirming that the additional spouse is holding the interest “in trust” on behalf of the original spouse.
关键看房子的title上是谁的名字
谢谢你一如既往的热心！
比如：我的房A，原来Deed和Title都有两个人的名字。后来为了mortgage,把我的名字从Deed上拿掉了。
这么说我们两个都应该全在A的title上。
再买B,C,D时,只要title包括两个名字即可。
理解对吗？
"Originator to Beneficiary Info"包括了我们两个人是不对的，因为Deed上只有队友
以后exchange目标的deed全用两个人的名字
If the relinquished property is under the husband and wife's name, for the replacement property, can we use a LLC to hold the replacement property? The husband and wife will each hold 50% of the LLC.