Tax Treatment Of An Option Fee

If Joe buyer purchases a 4-year lease option for $5k in 2005 (which allows Joe to purchase the property in 4 years), how is that $5k handled for 2005 tax purposes?

Comments(4)

  • NewKidInTown315th December, 2005

    It is held in suspension until the option is either exercised or expires. No tax treatment until then.

  • tbird15th December, 2005

    this is questionable. I know many gurus are spreading this, but other tax experts are saying if the fee is non-refundable it is considered ordinary income in the year received. this does makes sense.

    So, I dunno. put the monkey on your CPA.

  • NewKidInTown316th December, 2005

    tbird,

    Perhaps you can identify these other tax experts for us so we will all know who to ignore when getting tax advice.

    In the meantime, refer to Section 1234 of the tax code. Initial receipt of an option is not a taxable event for either the buyer or the seller. When: the option is exercised, the option money is included in the sale price of the property sold. the option expires, the option money is treated as ordinary income.

  • krburton16th December, 2005

    Play nice everyone.

    This is still not clear to me. One specific worth mentioning is that Joe Buyer paid 5k for the option to purchase the property at 200k in 4 years. However, the 5k does NOT go toward the purchase price. Would the 5k be treated differently than specified above for Joe Buyer on his 2005 taxes?

    Since this is not part of the basis, or option exercise in 4 years, it seems like an expense.[ Edited by krburton on Date 12/16/2005 ]

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