Think you can do a 1031 exchange with an LLC interest? Not so fast.
Many investors are surprised to learn that LLC membership interests are excluded from 1031 exchange eligibility under IRS rules. But with proper planning—like “drop and swap” strategies and other structuring techniques—you may still be able to defer taxes. In this article, we break down the risks, workarounds, and best practices for LLC-held real estate in high-value markets like Newport Beach.
Explore how installment sales—also known as seller financing or carryback notes—can offer powerful tax deferral strategies and negotiation leverage in today’s luxury and investment real estate market. From federal and California tax rules to practical pros and cons, this guide breaks down what every Newport Beach and Orange County property owner should know about using installment sales to close more complex transactions with confidence.
Structured Installment Sales offer real estate sellers a niche tax-deferral strategy with long-term income potential. Learn how this IRS-approved method, backed by IRC § 453, works — and how Lucas Real Estate Group helps Newport Beach and Costa Mesa clients implement it seamlessly.
If you own rental property in Newport Beach, Costa Mesa, or coastal Orange County—or if you’re a high-income earner looking for strategic tax savings—qualifying as a Real Estate Professional under IRS rules could unlock major benefits. From deducting real estate losses against your W-2 income to avoiding the 3.8% Medicare tax on rental profits, REP status can significantly reduce your tax liability. But strict documentation and time-based tests apply, and California doesn’t follow the same rules. Learn what qualifies, what doesn’t, and how to stay compliant in this essential guide.
Can you complete a 1031 exchange if you only own a limited partnership interest in real estate? Not directly—but strategic solutions like the “drop and swap” may provide a path forward. In this article, we explore the legal and tax complexities of navigating 1031 exchanges from within a partnership, with a focus on opportunities in high-value markets like Newport Beach.
Proposition 19’s intergenerational transfer cap has been adjusted to $1,044,586 as of February 16, 2025, offering only modest relief for families hoping to preserve their property tax basis. For high-value areas like Newport Beach and Coastal Orange County, this minor inflation adjustment does little to mitigate the harsh tax implications of Prop 19. Learn what this means for your family and how Lucas Real Estate Group can help you plan strategically.
If you own a California LLC — even one with no income or used solely to hold real estate — you’re still required to file Form 568 and pay the $800 minimum annual franchise tax. This blog breaks down the two most critical filing requirements for LLC owners, especially those using an LLC for privacy, rental properties, or estate planning purposes. Don’t risk penalties or suspension — find out what’s due, when, and how to stay compliant.
IRS Section 121 allows a reduction of potential capital gains taxes by $250,000 for single filers and $500,000 for married filing jointly filers when certain tests are met for the sale of your primary residence.
Think Your Property Tax Bill is High? These OC Landowners Pay Millions!
Before you complain about your tax bill, consider this—Irvine Company alone pays $192 million in property taxes this year. Disney? $81.5 million.
The Top 20 taxpayers contribute nearly $500 million, funding schools, roads, and public safety. Yet, Orange County only gets 5 cents of every tax dollar, far less than LA (21 cents) and San Diego (12 cents).
“Without these contributions, many local agencies wouldn’t have the funds for public services,” says OC Treasurer Shari Freidenrich.
Want to see the biggest tax bills in OC? Read on.
Can a Vacant Property Qualify for a 1031 Exchange?
The IRS focuses on investment intent, not just rental income, to determine eligibility. Key factors include the original purpose of acquisition, tax treatment, marketing efforts, and whether the property was ever used personally. Court cases like Alderson v. Commissioner and Reesink v. Commissioner have ruled that properties held for appreciation—despite never being rented—can still qualify.
Read the full article for key legal precedents and expert guidance.
Lucas Real Estate
2901 West Coast Highway Suite 200 | Newport Beach | California | 92663-4023
info@lucas-real-estate.com | 949.478.1623 office
Devin Lucas BRE No. 01912302 | Courtney Lucas BRE No. 02015514
Lucas Real Estate, a dynamic full-service residential real estate team led by Devin Lucas, REALTOR®, Real Estate Broker, and Real Estate Attorney, and Courtney Lucas, REALTOR® and CPA, offers unparalleled expertise in Newport Beach and surrounding areas.
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