Help me offer the best value to the seller

Help me offer the best value to the seller

Jason BurrPro Member
Rental Property Investor · Greer, SC · Member since 2012 · 161 posts · 75 votes

I thought I would toss out a scenario and see what creative solutions folks suggest that might offer the best value to a potential seller.  Let's assume the seller owns a single family house that they have fully depreciated over the years as a rental.  The landlord is at the end of their career and does not want to purchase another property and isn't interested in a 1031.  Please help me understand the tax consequences to options that the seller has.  If I were to purchase the property straight out, I'm assuming the seller would then pay capital gains tax (15% or 20% depending on their tax bracket)  on the entire $100,000 selling price.  The amount which has been depreciated plus difference of sales price.  

If I were to give the seller 10,000 cash and the seller owner financed 90,000, how would this the amount owed to uncle sam?

Are there any creative strategies to lease/option arrangements with the seller?

I want to make sure that I do my due diligence and learn as many potential strategies in order to be in the best position to guide folks through the process of selling.

I realize that folks may not be a tax accountant/lawyer and I will be running all suggestions through my accountant for review.  However, there are numerous very creative folks online which I'm sure can offer good starting points for discussion.  Chad Carson, Brandon Turner, etc. 

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Financial Advisor · Virginia Beach, VA · Member since 2017 · 502 posts · 508 votes
9y

The seller will pay 25% on the amount depreciated. It is (charmingly) known as 'unrecaptured section 1250 gain', and it gets taxed at 25%.

Your description of the seller financing 90% of the deal sounds like an installment sale. This would spread the seller's gains out over the number of years of the agreement (and the tax bill), but it would not change the total tax paid by the seller. (Except that the seller would also be paying tax on the interest you are paying him/her.)

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  • Financial Advisor · Virginia Beach, VA · Member since 2017 · 502 posts · 508 votes
    9y

    The seller will pay 25% on the amount depreciated. It is (charmingly) known as 'unrecaptured section 1250 gain', and it gets taxed at 25%.

    Your description of the seller financing 90% of the deal sounds like an installment sale. This would spread the seller's gains out over the number of years of the agreement (and the tax bill), but it would not change the total tax paid by the seller. (Except that the seller would also be paying tax on the interest you are paying him/her.)

  • Bill ExeterBusiness Member
    1031 Exchange Qualified Intermediary · San Diego, CA · Member since 2008 · 1k+ posts · 1k+ votes
    9y

    Hi @Jason Burr,

    Installment sale transactions often referred to as Seller Carried Back Notes or Seller Financing can be a very effective way to help the seller get out of their property and spread taxable gain over the term of the note (depreciation recapture would be taxable in the year of sale, capital gains would be deferred over the term of the note).

    However, you might get pushed back from the seller because it does trigger their taxable gain and they may not wish to do so. They often rule out a 1031 Exchange because they are tired of dealing with property management issues, but they might be interested in a 1031 Exchange if they consider investment options that do not involve property management headaches, such as:

    • Net Lease Properties (often referred to as triple net leases)
    • Delaware Statutory Trusts (DSTs)
    • Tenant-In-Common Investment Properties (TICs) 

    @Leslie Pappas can address the DSTs.

    Exeter 1031 Exchange Services, LLC and Exeter Trust Company4.726 Reviews
  • Professional · San Francisco, CA · Member since 2014 · 876 posts · 301 votes
    9y

    Jason- please let me know if I can help.

    Bill- thanks

  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    9y

    @Paul Allen is right on.  They have to recapture all depreciation in the year of sale, even if seller-financed and the payments will be part return of cost basis, part interest and part cap gain.  

    Thankfully none of my carry-back sellers have requested my tax advice.  They are pretty sophisticated and have their own people most times.

    I could have told them about tax effects, basically, but their eyes would quickly glaze over and I may say something wrong.  The tax angle takes them away from their pain point of being a tired landlord anyway.   Old guys wearing coveralls with a string of keys hanging down their leg have bigger things to worry about.  They want a fair price for their 'baby' and RE is what they know. Earning <1% in the bank is what I talk about.  We all have disdain for that.

    What you described @Jason Burr is pretty much how mine go.  10% down and carry the balance, at 5-6% usually for 24 yrs, straight-am.  One seller was quite old and sold a commercial apt building so we had a 5-yr balloon and I got a commercial bank loan to cash him out.  Good luck!

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