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Eleven items every landlord should confirm with their CPA, attorney, and listing broker before a property goes on the market. Three are previewed below. The other eight, with the full prompts and what to ask your advisors, sit inside the free account.

01

Title is clear and in the right entity.

The exchange rules require the same taxpayer on both sides of the sale. If the property is in a revocable trust, you exchange as that trust. If it's in an LLC you own 100%, you exchange as that LLC. Getting this wrong mid-exchange is one of the most common reasons a transaction unwinds.

HAVE ON HAND

Current deed. Most recent title insurance policy if you have it.

02

You know your adjusted basis.

Purchase price plus improvements, minus depreciation, equals adjusted basis. This number drives every tax calculation, and it is almost never what the landlord thinks it is. Depreciation over a 20- or 30-year hold reduces basis to a fraction of the purchase price.

HAVE ON HAND

Purchase settlement statement. Prior years' tax returns showing depreciation claimed.

03

You've had a conversation with your CPA, before the listing.

The 1031 conversation is more productive after your CPA reviews your specific basis and bracket. They may tell you the deferral is less meaningful than you'd assumed, or much more meaningful. Either way, get the number before you list.

ASK YOUR CPA OR ATTORNEY

“What would my total federal capital gains, depreciation recapture, state tax, and NIIT exposure be on a straight sale at [X] price?”

EIGHT MORE INSIDE

The other eight items, with prompts and what to ask

  1. You know your selling costs.
  2. Your mortgage balance and payoff situation is current.
  3. You have a realistic sale price, in writing, from a broker.
  4. You know whether a full exchange is actually your best outcome.
  5. Your estate structure will survive the exchange.
  6. You have a realistic timeline.
  7. You've given honest thought to what “passive” means for you.
  8. You know who to call when the clock starts.

Get the full checklist

Create a free account to access all eleven items, the printable PDF, and a place to track your progress as you walk it through with your advisors.

Create your free account Talk to a coordinator

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