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Updated over 9 years ago on . Most recent reply

User Stats

25
Posts
8
Votes
Mark Dante
  • Germantown, MD
8
Votes |
25
Posts

Determining a future lease price

Mark Dante
  • Germantown, MD
Posted

Here's the situation.  We (landlord) are entering into a long term ground lease with a tenant.  The state charges a transfer tax onleases if they are 30 years or greater.  So in order to avoid the tax, we are going to enter into a lease for 29 years 11 months and then give them options thereafter.  We were told that setting a price on the option may result in the transaction being deemed a transfer. If that is the case,  how would you recommend a price be determined after the 29 years are up?  We have already agreed on the lease amounts up to that point.  Would you suggest having two appraisers each provide a value and then take the average?  

Edit:  When I mentioned appraisals, I meant to say that we indicate on the option (after 29 years) that the lease amount shall be determined based on the appraisals so as to avoid having a specific amount listed on the lease.

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