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Forums » Tax, Legal Issues, Contracts, Self-Directed IRA » Tax Implications Of Selling A FourPlex

Tax Implications Of Selling A FourPlex Subscribe to Tax Implications Of Selling A FourPlex

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Real Estate Investor · Las Vegas, NV


:roll: [b]Please help me with this. We are selling our fourplex in Louisiana. We live in California. Is there anything we can do with the proceeds we receive from the sale to defer the capital gains taxes OTHER than a 1031 Exchange??

Thank you![/b]


Wholesaler · Amarillo, Texas


A 1031 exchange is only the tax deferral that I know of. I have heard some things about a charitable remainder trust and how gains are not taxed, but I am ignorant of the facts around them.


Real Estate Investor · Las Vegas, NV


I appreciate your quick reply. We will check into that.


· Loveland, CO


Before you investigate anything regarding deferring your taxes it's always best to have a pretty solid idea of HOW MUCH your taxes really are!

I've read a lot of posts on this board from people who were really worried about the high capital gains tax (it's only 15%, could be lower-and I realize you'll have some CA tax on top of that), only to realize that their GAIN was all that was taxed. Not their PROCEEDS.

all cash


Real Estate Investor · San Diego, California


What do you want to accomplish?


Real Estate Investor · Las Vegas, NV


[b]We were just wondering if there is any way to avoid or delay (other than a 1031 exchange) a big hit on the capital gains taxes when we sell our 4-plex. We recently listed it and didn't think we'd get a buyer, but to our surprise, we did. Now we are dreading the tax hit...

Thanks.[/b]


Real Estate Investor · San Diego, California


But what is your objective? Are you getting out of real estate all together? When you say other than a 1031 exchange, does that mean that you want to get out of real estate? If so, then you can consider the following:

Charitable Remainder Trusts - these allow you to contribute your property into the Charitable Trust, get an immediate tax deduction for the contribution of an appreciated asset to a Charitable Trust, avoid the capital gain and depreciation recapture because the Charitable Trust sells the real estate and not you, live on some of the cash flow because the sale proceeds are reinvested in assets that produce more cash flow, and more. However, the CRT is permanent, so it is usually not an appropriate strategy for most investors, especially younger investors.

Installment Sale Treat - you can carry back a note (seller carry back financing) on the sale of your 4 plex. This defers the recognition of your capital gain over the term of the note on a prorata basis as principal payments are made. It does not avoid the taxes, just defers them. You would recognize your depreciation recapture income taxes immediately.

upREIT or 1031/721 - you can ultimately exchange into a Real Estate Investment Trust. This allows you to defer your capital gain and depreciation recapture income taxes into a REIT. The REIT usually is or will go public, so you have more liquidity, can choose when to sell and recognize your taxes, if ever, remain diversified in real estate without any management headaches because now you own a security that invests in many commercial properties. You can never 1031 exchange back into real estate because you no longer own real estate.

1031/TIC Investment - you can 1031 exchange into a tenant-in-common investment property (TIC property). The TIC is a fractional interest or co-ownership in large commercial real estate properties. You exchange into it on a tax deferred basis and no longer have any management headaches because there is a commercial property manager that handles everything. You can usually get cash flow of 5 to 8 percent on your equity.

There are pros and cons with each option listed above, and each option is not right for every investor. Hope this helps.


Real Estate Investor · Las Vegas, NV


Thanks so much for that detailed information. Hopefully one of these options will work for us. Yes, we want to get out of owning rental property.


Real Estate Investor · San Diego, California


The last two are sold through securities brokers. Where are you located and I can send you a referral to speak with. Also, I would attend a couple of exit strategy seminars as well. Let me know where you are located and I'll send you some information.


Real Estate Investor · San Diego, California


I was reviewing prior posts and throught I would update this post since it is a little outdated.

There is a relatively new strategy called the Deferred Sales Trust or DST. It is similar to an installment sale contract except that the buyer is out of the picture so that there is no risk that they buyer may default on the seller carry back note. The seller carry back note is between the seller and the Trustee of the Deferred Sales Trust and the Deferred Sales Trust receives 100% of the proceeds at the close of the sale transaction. You can learn more here: http://www.exeter1031.com/deferred_sales_trust.aspx




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