Deferring payment of capital gains taxes

Posted by admin | Credit Score,Loans and debt,Mortgage,Real Estate Advice | Friday 28 August 2009 4:00 pm

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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