For my real estate lawyer friends, is there a legal way to avoid the capital gains tax on selling residential real estate besides the 1031 Exchange?

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Seller financing where you receive payments over a span of several years. You don’t totally avoid the tax but you’re only taxed on profit received each year instead of the lump sum.

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Opportunity zones

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Im not an attorney but defintely do some due dilligence on Delaware Statutory Trust

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Is it your primary residence or an investment property?

Investment

Net lease, possibly long term. Bear in mind that many states consider leases of more than 49 years to be a sale and transfer taxes are nonetheless due and payable.

There were many net lease deals done during the Jimmy Carter years because interest rates were so high. Prior to June 15, 1996, NYers had the added pain of an additional 10% tax on profit (the so-called “Cuomo Tax”).

This is a CPA question, not a lawyer question. Too many factors based on your tax situation.

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