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Orange County Real Estate

Exit Strategies with the Smallest Tax Consequences

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There are a number of exit strategies available for the real estate investor that doesn’t want to do the day to day management of the property anymore. The problem is simple the IRS who likes to change the rules to keep us on our toes. CHECK WITH YOUR ACCOUNTANT FOR THE BEST STATEGY FOR YOU. Your account is up to date on the changes in the tax code and what the IRS is allowing and not allowing.
There are a number of exit strategies available for the real estate investor that doesn’t want to do the day to day management of the property anymore. The problem is simple the IRS who likes to change the rules to keep us on our toes. CHECK WITH YOUR ACCOUNTANT FOR THE BEST STATEGY FOR YOU. Your account is up to date on the changes in the tax code and what the IRS is allowing and not allowing.

Most of the strategies are based on the IRS’s definition of “Like Kind”. In this definition the basis is if you are selling income producing real property you must buy income producing real property. Here are a few exchanges that have passed muster with the IRS. 
Bullet RIET – Real Estate Investment Trusts.
  These are special stocks that are traded on the stock market. They are income producing stocks that have a special designation because you are technically buying a portion of the real properties help by the RIET.
Bullet Real Estate Partnerships
  You go into partnership with a group of other investors on one property. Typically, a management company manages the building for the partnership and pays out quarterly on the investment.
   
 
 
The last one is currently on hold due to an internal IRS ruling and will be in court again soon. The IRS has lost in court a number of times on this issue.

The Private Equity Trust – A trust with the property owner listed as the beneficiary is set-up. On the day the property closes the property is transferred into the Trust and the Trust sells the property to the Buyer. The profit from the transaction remains in the trust and is distributed over a number of years until there is none remaining. The seller is taxed yearly at their normal income tax rate. This is usually much better than the capital gains rate.

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Comments (5)Add Comment
0
what
written by cyprus, January 15, 2010
are your other exit strategies out there?
0
thanks
written by dubailand, January 26, 2010
that is one good strategy..
0
thanks
written by paphos, January 28, 2010
its really great to see and know the smallest tax consequences...
0
thanks for the post..
written by larnarca, January 28, 2010
there really are a lot of consequences for taxes..hate it..
0
thanks for the post..
written by larnarca, January 28, 2010
there really are a lot of consequences for taxes..and i hate it..

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