Deferring payment of capital gains taxes
The installment sale is another significant technique for deferring payment of capital gains taxes. Here, sellers elect not only to sell property but also to put up some or all of the financing needed to make the deal work. Because the property is being sold now but paid for later, such deals are called “installment sales.” Where taxes are concerned, an installment sale differs from the 1031 exchange because you actually sell the property without getting a new one in return, but you still defer paying some or most of your capital gains taxes. Here’s how:
Until you actually receive the profit from the sale of your property, you don’t owe the IRS a penny. Instead, with an installment sale you would be carrying the note (and your profit from the sale) long term and receiving interest-only payments from the buyer. The idea is to keep earning a high interest on the taxes due for many years.
By doing this you would delay paying the capital gains until the contract is complete. The rules for qualifying for an installment sale were significantly modified by the Installment Sales Revision Act of 1980. In the past there were rules regarding the amount of down payment and the number of years needed to qualify. These no longer exist. The advantage of an installment sale now is that you are required to pay capital gains tax only on the amount of the profit you receive in one year. You pay the balance of the tax due as you collect the profit in subsequent years.
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