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Best vesting choice...

Posted by Ward-CA- on January 12, 2004 at 11:18 AM

In Reply to: Vesting posted by Alfred - Trainee on January 11, 2004 at 12:03 AM

: Hi Ward,

: Would like to run something by you if I may. I have an offer in to buy a large 12.5 acre parcel that has 7 house sites on it. It is a gated community with some of the infrastructure already in place (underground electric, water and a main road). My plan would be to sell off 5 of the lots to pay off the note and then have 2 house sites free and clear for me to either sell, or build houses on and sell.

: If my offer is accepted I'll have to act fast to create an entity to take ownership (I don't want to take possession of this in my own name). I know that I could create a title holding trust for this and that would give me anonymity but I need protection and tax advantage. What would be the simplest and fastest entity that I could set up for vesting, which would handle my two biggest concerns:

: 1.
: Limiting my liability and protecting myself as much as possible.
: 2.
: Paying out the least amount of taxes possible -- because I'll have major capital gains tax to pay when I sell the 2 lots (125K each = 250K) or build and sell.

: Thanks for your time,
: Alfred

==============================

Alfred,

1. I like the format of a Limited Liability Co. (LLC) as a shield for limiting your personal liability. But it's not known for any favored tax treatment.

2. If you hold the property in your LLC for a year before you sell you'd qualify for long term capital gains tax treatment.

Alternatively you could do a 1031 exchange rather than a simple sale and thus postpone any tax into the future.

For more specific information for the layman on tax saving methods in real estate transactions I'd suggest two books:

A. "Aggressive Tax Avoidance For Real Estate Investors - 17th Edition" by John T. Reed, MBA @ http://www.johntreed.com

B. "The Real Estate Investor's Tax Guide - 4th Edition" by Vernon Hoven, CPA


Hope this helps.


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