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Try a JV if Corp isnt ready

Posted by Travis-CA on October 10, 2003 at 9:37 PM

In Reply to: 3.3% withholding....will this work?? posted by zachary on October 09, 2003 at 11:15 AM

: Ward,

: just selling my first preforcosure....escrow will be opened today.

: Currently holding title in a trust with me as the trustee and as beni.
: I am forming my corp right now and should have my EIN and bank account opened within a week and a half...

: I was going to assign beni. to my corp before closing, but
: I talked to the state frnachise tax board yesterday and they told me that with an individual as trustee I will have to pay the witholding regardless of who or what the beni is....

: They suggested that I deed to the corp right before closing....

: I am adding an addendum to the cotract that says the seller is:

: me as trustee, and/or my corp.

:
: questions:

: 1. do I tell the escrow officer up front?
: 2. should I do it in written escrow intructions stating that on or before the day of closing title will be deeded to the corp and that the corp will deed it to the buyer?
: 3. do you think this will throw the lender for a curve?
: 4.should I just wait and pull this out at the last minute??

: OR......

: 5. Should I change the trustee and beni to my corp (in a few weeks when I get it together) and then sell it out of the trust still...

: I'm liking #5....seems the easiest.....

: any thought would help a ton.....desperatly don't want to let CA have my money to play with until april :-)

:
: thanks

: Zachary

If your corporation is not set up yet, I think you can use a Joint Venture to obtain the multi party exempt status and avoid tax.

Travis



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