Offset flip gain with Promissory Note - NY

[Mo Farraj]

Hi All - Happy Wednesday, I had a quick question on how promissory notes work. I own 2 properties in Long Island, NY with a partner and originally decided to split the profit 50/50. Property 1 is for sale, while property 2 is still being worked on - I've decided to exit property 2 since it did not go to plan. 

My partner and I agreed on a promissory note that will state I will be paid all profit from prop 1 and also funds from another prop that he solely owns once it sells - what tax implications will I face here. Will I be taxed for the sale of prop 1 even though it offsets my expenses for prop 2? My concern is I don't want to be taxed for prop 1 and then have to chase my partner for more money later on during tax season. All help is appreciated - thank you. 

[Wayne Brooks]

In the end, the net will be the returns from both combined.  You CPA will have to determine the taxable implications from the “note” verses a “cash” pay off until the note is paid off.