1/2 Of Resturant Selling BUT Capital Gain Tax?
Commercial resturant rented out in S. Calif. and she wants to sell her 1/2 of the lease held by her and her brother. Current leasing person wants to pay $200K now, $200K before year end and $200K next year. How will capital gain tax effect her now?
ANY advise would be GERAT.
Thank you,
Emmons/Lillian
From your post it is not possible to determine who is who .... and exactly who is selling what so please try to post with some more concise detail.
she = current lessor or lessee?
1/2 of lease = ??
current leasing person = lessee or lessor?
capital gain on what? building? business?
Generally, gain on an installment sale is taxed in the year the payment is received so if the cost basis is 500k that leaves a gain of 100k from your example. Since 2/3 wil be paid in 2005 and 1/3 in 2006, the gain for 2005 would be 66,667 and for 2006 33,333. Any interest received would be taxed as interest income in the year received.
More information is needed. I suggest you make an appointment with a tax professional. They can advise you as to what structuring, if any, you can do to minimize your tax liability. Good luck!
Anyone have thoughts about this post tonight? I have received several calls on the property today, and am hoping to get some help before I return them.
Anyone?
Maybe a potentail T/B would be more agreeable if it was a CFD or Land Contract instead of a L/O?
Just a thought.
Why would you just not sell the property?
Brenda
Sorry for the acronyms.
T/B = Tenant/Buyer
CFD = Contract for Deed
Brenda: I think she didn’t want to sell now because of the 1031.
Sorry, I got confused when he said "want to take profits now". Thought that she wanted the money now.
Brenda
There is no "seasoning" for property acquired in a valid 1031 exchange unless you acquired the property from a related party.
The one year "rule" you have heard about only applies to 1031 replacement property that is to be converted to a primary residence, then held long enough to qualify for the capital gains exclusion.
If a related party was involved in the 1031 exchange in which you acquired your property, then a two year holding period is required to "validate" the original exchange for the seller.[ Edited by NewKidInTown3 on Date 10/15/2005 ]
Why would you be taxed for capital gains if you pull an equity loan on the house?
it states there is a risk to refinancing the property to be sold because the IRS has ruled that cash proceeds refinance immediately prior to closing an exchange constitutes taxable boot.
has anyone used a home equity loan in a 1031
Is {or was} the house in Colorado your primary residence?
I thought home equity loans were onlyh given to owner occupant homeowners, so just wondering about the status of the Colorado property