Can you 1031 a rental property held for under 1 year?
I have a residential rental property I have had for 9 months all it has been is a rental can I 1031 it or do I need to hold it over a year? 

Being it is short term capital gains a 1031 makes sense for me even though profit is only 50k. That being said 40% tax rate would you 1031 it for 50k profit or pay taxes?
[{"id": "ino0wk1", "text": "My understanding is the 1 year has more to do with making sure the property is clearly \"held for business use\" rather than a specified statutory limit.  Selling too quickly makes it look like for sale inventory.  Ask your intermediary.", "replies": [], "depth": 1}, {"id": "ino6j9y", "text": "It is about intent.  You can hold it for 1 day, and being able to prove intent still be able to 1031.  There is no statutory time requirement.", "replies": [{"id": "ino9y0c", "text": "One day probably won\u2019t hold, but correct, there is no specific time line. \nhttps://www.firstexchange.com/holding-period-requirement-1031-exchange", "replies": [{"id": "inocu9k", "text": "Again, you'd have to be able to prove intent, while 1 Day may require a very strong proof of intent, I've also heard stories about people who have held for multiple years, but the intent was always fix and flip for profit, and the 1031 was denied.", "replies": [], "depth": 3}], "depth": 2}, {"id": "inoj19y", "text": "We\u2019ve had numerous discussions with CPAs and lawyers with this same question and we keep coming back to this. It\u2019s about intent. \n\nIf your offering materials to investors state this intent it\u2019s probably good enough to say you had the intent and were made a great offer so you took it.", "replies": [], "depth": 2}], "depth": 1}, {"id": "ino7ou8", "text": "This is a question for your CPA. If the property was purchased which fresh cash and then you sold it and 1031ed I think there is less scrutiny. If you 1031ed into the residential rental proeprty, I would hold for at least a year.", "replies": [{"id": "inofrju", "text": "Exactly.  Going to Reddit for tax advice is a bad idea.", "replies": [], "depth": 2}, {"id": "inowypt", "text": "I would go a step further and go to a lawyer and get a legal opinion. If it falls through the accountant is just going to say you told him that you did a 1031.", "replies": [], "depth": 2}, {"id": "inr0732", "text": "Many CPAs are not familiar with 1031s. The code is simple, which makes it hard.", "replies": [], "depth": 2}], "depth": 1}, {"id": "ino9o6m", "text": "https://www.firstexchange.com/holding-period-requirement-1031-exchange", "replies": [], "depth": 1}, {"id": "inoj1vs", "text": "It\u2019s all about intent! Ask your CPA or even lawyer :) but yes", "replies": [], "depth": 1}, {"id": "inour98", "text": "Yeah I mean I rented it out for 9 months and then sold it I have lease agreement and deposits to prove it. I think I should be safe as it was bought to be a rental and then I got a good price so I sold it. \n\nHow does deprecation work as I still have 26.5 years left of deprecation on that property can I still depreciate it into a new property?", "replies": [{"id": "inqf6gr", "text": "You need to pay a competent CPA to help you. A couple hundred dollars will save you thousands.", "replies": [], "depth": 2}], "depth": 1}, {"id": "inp2dc4", "text": "My CPA says at least 2 years, but they also say, at least sell it into the 2nd calendar year.  For example, if you bought something in Nov 2021, instead of selling Nov 2023, at least sell it sometime in 2023, even if it\u2019s less than 2 full years from your purchase date.", "replies": [], "depth": 1}]