Tag Archives: IRS

Defer capital gains on land contract sale? Please be specific?

Uderwriting for commercial lending, so need direct reference from IRS (searching myself in meantime). Is it true that one can defer capital gains on property sold on land contract? He claims that “Under Capital Gains the IRS code Sec. 1222; Reg 1.1222-1 specifies “In the case of real estate, a sale or exchange occurs on the earlier of the date of conveyance or the date when all of the burden and benefits of ownership pass to the purchaser. Obviously, the purchaser does not have all of the burdens or rights of ownership, i.e., they cannot sell the real estate, drop insurance, burn it down, not pay the taxes, not pay the monthly payments (without ownership reverting to me) and dozens of other factors. Purchaser could simply walk away and I’d have them back! Of course the conveyance of the deed won’t happen until the last payment is made in full.” He refers to “like like” exchange as other loophole and why pay cap gains if you don’t have to. Please include link or professional reference.

IRS code Sec. 1222; REg 1.1222-1 question for land contract sale. Can one defer capital gains on sale?

I do underwriting for commercial lending, so need direct reference from IRS (searching myself in meantime). Is it true that one can defer capital gains on property sold on land contract? He claims that “Under Capital Gains the IRS code Sec. 1222; Reg 1.1222-1 specifies “In the case of real estate, a sale or exchange occurs on the earlier of the date of conveyance or the date when all of the burden and benefits of ownership pass to the purchaser. Obviously, the purchaser does not have all of the burdens or rights of ownership, i.e., they cannot sell the real estate, drop insurance, burn it down, not pay the taxes, not pay the monthly payments (without ownership reverting to me) and dozens of other factors. Purchaser could simply walk away and I’d have them back! Of course the conveyance of the deed won’t happen until the last payment is made in full.” He refers to “like like” exchange as other loophole and why pay cap gains if you don’t have to. Please include link or pro reference.

Defer Capital Gains on property sold on land contract? Need answer asap – please with references…?

I do underwriting for commercial lending, so need direct reference from IRS (searching myself in meantime). Is it true that one can defer capital gains on property sold on land contract? He claims that “Under Capital Gains the IRS code Sec. 1222; Reg 1.1222-1 specifies “In the case of real estate, a sale or exchange occurs on the earlier of the date of conveyance or the date when all of the burden and benefits of ownership pass to the purchaser. Obviously, the purchaser does not have all of the burdens or rights of ownership, i.e., they cannot sell the real estate, drop insurance, burn it down, not pay the taxes, not pay the monthly payments (without ownership reverting to me) and dozens of other factors. Purchaser could simply walk away and I’d have them back! Of course the conveyance of the deed won’t happen until the last payment is made in full.” He refers to “like like” exchange as other loophole and why pay cap gains if you don’t have to. Please include link or pro reference.

Taxes due on money received for sale of land?

If someone sells a piece of land that he or she owns in a foreign country, is this going to have to be reported as income to the IRS for taxes that are due?

How will the IRS divide proceeds on the sale of a home if there is lien?

I divorced my husband. He did not pay his taxes. We filed jointly for a few years and then I got wise and refused to file jointly. There are liens on the home we own, some liens are in his name only and for the joint filings, are in both names. The proceeds of the home sale will not cover the total lien amount, both joint and separate. My half of the proceeds will more than cover my share of the joint lien. His half of the proceeds will not cover all of the lien amount. Will the IRS view the proceeds from the sale as half mine and half his and take for the liens accordingly, which would give me a little money from the sale?