Investor · Denver, CO · Member since 2015 · 22 posts · 6 votes
Hey guys,
I have been buying tax liens for a few years, and recently three of them passed the redemption period and I started the foreclosure process to apply for the deed. Just try to make plan here, if I do get the deeds, and then sell the property, is it considered a capital gain or earned income for tax purposes? And if I hold the property for a while before selling it, or if I fix it up and then sell it, do these change what type of tax I would pay ( long term capital gain, short term capital gain, ordinary income)?
Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
5y
@Sophie Wang If you bought the property with the intention of flipping it then it is ordinary or earned income. Only if you bought the property with the intention of holding and renting it for the long run would capital gains apply.
Taking your time to fix it up does not change the type of income it is. The IRS will look at the facts such as your efforts to sell the property, and efforts to rent the property. Also they will look at your history. Have you been flipping houses or have you been holding rentals? Flipping houses whether wholesaling them or fixing them up first is earned income.
PS @Chris Seveney posted while I was writing my post. Go back and read rule number 1
Investor · Orlando, FL · Member since 2013 · 837 posts · 316 votes
5y
You might consider selling with owner financing and taking advantage of the Installment Sale Contract tax provision. An installment sale is a sale of property where
you receive at least one payment after the tax year of the sale. If you
realize a gain on an installment sale, you may be able to report part
of your gain when you receive each payment. You can learn more from IRS Pub 537 and talking to you accountant to see if it makes sense for your situation.
Thanks Tracy! Owner financing is a great idea! Other than the tax benefit it also has more income potential and makes the property easier to sell. I'll defintely look into this route!