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Updated almost 4 years ago on . Most recent reply

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122
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Abad Marroquin
  • Chatsworth, GA
15
Votes |
122
Posts

Is it a Refinance Cash Out or a Sale that will make me pay taxes?

Abad Marroquin
  • Chatsworth, GA
Posted

I applied for a refinance cash Out with Corevest, a National lender. In the summary of terms that I signed at the beginning it says refinance cash out. My properties are in a Georgia LLC. As part of the process they made me open a new Delaware LLC. My properties are being transferred to this new Delaware LLC, and my current LLC will own 100% of the new Delaware LLC.
I am afraid in the eyes of the IRS it will look more like a sale than a cash out refinance. They made me fill out w9 forms for the IRS for both entities. Since I am transferring my properties to a new LLC which is owned by my current LLC is it going to be considered a sale or a refinance cash out by the irs?

I signed all the documentations today but the bank still needs to lock the interest rate and ask for my final approval.

I have an appointment with my accountant on Monday so he can help me on this question, but what are you guys think. 
Has anyone gone through a similar process? If this transaction will make me pay taxes, I will not approve it. Please help share your ideas. Thank you in advance!!! 

  • Abad Marroquin
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