Sale of current rental to family member, strategies for unique contract and funding

Sale of current rental to family member, strategies for unique contract and funding

Member since 2023 · 8 posts · 3 votes

We have a current rental that a family member is interested in purchasing. Bought in '24 for $95, current value $160K. One thought is to sell home at the price we paid, saving transfer tax and helping to eliminate increased tax assessment which would benefit buyer. It would benefit seller in capital gains tax and transfer tax. The home is owned in our LLC. We are going to hold the mortgage for the family member. The remainder of the $65K that is owed would be paid directly to the sellers upon sale of his current home.

My questions.

Is there a better way to arrange the sale that would benefit us both tax wise.

for the remainder ($65) owed would it matter is the family member paid in the lump sum or should it be split into <$10k increments. what is the best way to shelter these funds.

I understand this is not a typical situation. My family member has the funds and is very trustworthy (employed, great credit, 40 yrs old, single) So we are not concerned that the payment won't be received.

What would you do

Thanks

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Divin KanyamaBusiness Member
Accountant · Seattle, WA · Member since 2025 · 566 posts · 242 votes
1d

@Jennifer Panian Helping family is great, but I wouldn’t document this as a $95,000 sale plus a separate $65,000 payment. If both are required for the property, the real sale price is likely $160,000.

Selling below market may create a gift, and the LLC could still owe tax on gain and depreciation recapture. It may not prevent a higher property-tax assessment or reduce transfer tax, since local rules may use fair market value.

Don’t split the $65,000 into sub-$10,000 payments to “shelter” it. That does not avoid tax and could create reporting concerns. One properly documented payment is cleaner.

I’d have a CPA compare a fair-market-value sale with a documented gift of equity against a properly structured installment sale. Then have a real-estate attorney prepare the note and mortgage, and consider using a loan servicer—even with a trustworthy relative.

An appraisal and professional review should come before choosing the final structure.

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7 Replies

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2d

    Not really. I always recommend to try and keep transactions simple vs trying to get cute with them. Best way to defer taxes when selling is a 1031
    When buying if you buy at lower value just recognize that when you sell your basis is low and you will pay on the large gain

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  • Denise SuppleeBusiness Member
    Realtor · Willow Grove, PA · Member since 2017 · 1k+ posts · 657 votes
    2d

    I'd be careful about selling a property for $95K when you believe it's worth around $160K just to save on taxes. Since it's owned by an LLC and you're selling to a family member, I'd have your CPA and an attorney look at the transaction before you agree on the price.

    If you're going to hold the mortgage, I'd also make sure everything is clearly documented; the interest rate, payment schedule, when the remaining balance is due, and what happens if the sale of his current home takes longer than expected. I wouldn't split the $65K into smaller payments just to try to avoid taxes or reporting. How the transaction is structured matters much more than how you divide up the payments. I'd have your CPA run the numbers on the different options before you move forward. With family, I like having everything in writing just as I would with any other buyer.

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  • G. Brian DavisPro Member
    Investor · Hatboro, PA · Member since 2016 · 3k+ posts · 884 votes
    2d

    I’d be careful about selling a property worth $160K for $95K just to save some taxes. You may be giving away $65K of value to save a much smaller amount.

    If it were me, I’d have the CPA run the numbers on a normal sale with seller financing and see what the actual after-tax result looks like. And I definitely wouldn’t split the $65K into smaller payments just to stay under $10K. If the goal is to make this work for both sides, I’d focus on structuring a fair deal rather than trying to make the money look different for tax purposes.

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · Sarasota, FL · Member since 2017 · 5k+ posts · 3k+ votes
    1d

    Jennifer, I agree with the others that I’d have the CPA run the numbers before agreeing on the sale price or payment structure.

    One thing I’d make sure gets included in that analysis is the property’s adjusted tax basis after depreciation. Since this has been a rental, the taxable gain isn’t simply the difference between the $95K you paid and whatever price you sell it for. Depreciation taken or allowable can change the basis and can also create depreciation recapture considerations when you sell.

    If the goal is to help the family member while still making the transaction work for you, I’d have the CPA model a normal sale at a defensible market value with seller financing and show you the actual after-tax result for both sides.

    I’d also have the attorney document the note, interest rate, payment schedule, maturity, and what happens if the buyer’s situation changes. With a family transaction, having everything in writing is even more important.

    The goal shouldn't be finding a way to make the sale price or payments look smaller. It should be finding a structure that is fairly valued, properly documented, and tax-efficient for everyone involved.

    Feel free to DM me, I’d be happy to send over a few resources that might be helpful.

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  • Divin KanyamaBusiness Member
    Accountant · Seattle, WA · Member since 2025 · 566 posts · 242 votes
    1d

    @Jennifer Panian Helping family is great, but I wouldn’t document this as a $95,000 sale plus a separate $65,000 payment. If both are required for the property, the real sale price is likely $160,000.

    Selling below market may create a gift, and the LLC could still owe tax on gain and depreciation recapture. It may not prevent a higher property-tax assessment or reduce transfer tax, since local rules may use fair market value.

    Don’t split the $65,000 into sub-$10,000 payments to “shelter” it. That does not avoid tax and could create reporting concerns. One properly documented payment is cleaner.

    I’d have a CPA compare a fair-market-value sale with a documented gift of equity against a properly structured installment sale. Then have a real-estate attorney prepare the note and mortgage, and consider using a loan servicer—even with a trustworthy relative.

    An appraisal and professional review should come before choosing the final structure.

  • Jason MalabuteBusiness Member
    Accountant · Los Angeles, CA · Member since 2016 · 2k+ posts · 913 votes
    8h

    I'd be careful about trying to save tax by selling well below what the place is worth. Selling an LLC-owned rental for $95K when it's worth around $160K could be treated as part gift, and any gain and depreciation recapture still has to be figured off your adjusted basis, not just what you paid. Splitting the $65K into payments under $10K also won't make the tax go away, so I'd keep it simple with one properly documented note. I'd have your CPA run the numbers on a fair market value sale versus the other options, and have an attorney draft the note and mortgage so everything is in writing, even with a trustworthy relative. The exact answer depends on your facts, so definitely run it by your own CPA or tax advisor. Is the LLC a single-member LLC or taxed as a partnership?

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  • Chris ColtonPro Member
    Investor · San Antonio, TX · Member since 2026 · 10 posts · 2 votes
    7h

    Jennifer, I'd keep this simple and documented, even with family. Don't split the $65,000 into under-$10,000 pieces to try to shelter it — that doesn't make the tax go away, and it can make the paper trail look worse. Have a CPA run the numbers on a straight fair-market sale with seller financing against a gift of equity, including gain and depreciation recapture on the LLC-owned rental. Then document whatever you choose in one clear note — rate, payment, maturity, and what happens on default — and have it serviced so every payment is on record. Trust is good, but a clean note protects both sides if anything changes.

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