Real Estate Investor · Southeast, IA · Member since 2011 · 46 posts · 14 votes
I am sure the answer is no but I have to ask. I am looking to purchase a triplex with a large commercial space, it has an overhead door and concrete floors. Great for a plumber, electrician, etc to have a shop. Anyway, my offer is subject to the property appraising for the purchase price so I'm good there. My concern is taxes, the taxes on commercial property in my county are ridiculous. It is currently assesed at 74,000 which is what it was purchased for in 2006. It was assessed at 60,000 at that time but in 2008, which was the soonest that it could be raised, it was then reassesed at 70,000 and has gone up each year. After some negotiation, we are currently at 95,000. My concern is that when I buy it, in two years I will be paying taxes on 95000, so I wonder if I can pay money outside of closing? I guess I already know the answer and the seller would have to be willing to sign a DOV which would not be accurate and that is certainly a legal issue but I am hoping for a loophole. I am in Iowa.
Investor · Philadelphia, PA · Member since 2010 · 7 posts · 5 votes
15y
Linda,
There is actually a very easy answer to your question that is legal and ethical. Simply engage in an entity transaction and not a real estate transaction. I am assuming the property is in an LLC, or if it is not then it needs to be placed in one (which not being in an LLC and placed in one before the transaction is beneficial). Instead of purchasing the property, you will purchase the LLC and all the assets it holds (i.e. the property). By doing this, there is no real estate transaction recorded, therefore no market value transaction that an auditor can base their value on. You will also save the transfer tax since there is no transfer. In essence, you are not in the real estate acquisition business but in the M&A business. If the LLC has existed for some time, the due diligence will be more extensive since you will be assuming all of the past liabilities of the LLC. Have they paid their taxes correctly? If the IRS audits and it is discovered that they were not paid correctly two years ago, then you are liable. This is why I stated that if the LLC is created just before the transaction that it would be beneficial.
This is legal and ethical, although not very common in today’s market because property values are generally going down. Everyone wants to have a transaction to record the market value to reduce the tax assessment.