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Capital GainsTax Tip #213: Avoiding Dealer Status on Property Sales
If the IRS classifies you as a "dealer" rather than an "investor," your property sale profits become ordinary income (no capital gains rate) and you cannot use 1031 exchanges. Factors include holding period, number of sales per year, and whether you subdivided land. Holding property for at least 2 years and limiting sales to 2-3 per year helps maintain investor status.
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