Seeking Advice: Managing Tax Obligations and Property Down Payment

Seeking Advice: Managing Tax Obligations and Property Down Payment

Michael MingPro Member
Member since 2024 · 11 posts · 11 votes

Hello everyone,

I find myself in a challenging financial situation and would greatly appreciate any guidance you can offer.

I have a pending income tax payment of approximately $200K for the year 2023, due by September 10. Additionally, I am in the process of closing on a commercial property, which requires a $300K down payment by October 15.

If I settle the tax bill, I won’t have sufficient funds for the property down payment. However, failing to pay the tax could result in a lien against my company, complicating the approval process for a mortgage and incurring an estimated $10K in penalties. Obtaining a $200K loan to cover the tax appears to carry a similar risk of a lien, potentially jeopardizing my mortgage approval.

What would you advise in this situation? Are there any hard money lenders or alternative solutions that could help navigate this dilemma?

Thank you for your insights.

Hello everyone,

I am in a quite awakward situation and looking for some help.

I need to pay around $200K income tax for 2023  before Sep 10. 

And, I'm closing a commercial property that requires $300K down and the closing date is Oct 15.

If I pay the income tax, I will not have enough fund for downpayment.

But if I don't pay the tax, I may get a tax lien on my company which may prevent me from getting an approve for the mortgage plus I need to pay around $10K penalty.

And, if I get a $200K loan, they may put an lien on my company and potentially prevent me from getting a mortgage too.

So, what should I do now?

Is there some hard money lender can help or I have some better choice?

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Travis TimmonsPro Member
Rental Property Investor · Ellsworth, ME · Member since 2021 · 1k+ posts · 2k+ votes
2y

When you find yourself in a hole, stop digging. Let the property go and pay the tax bill. 

See this reply in the discussion

8 Replies

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  • Randall AlanPro Member
    Investor · Lakeland, FL · Member since 2017 · 1k+ posts · 1k+ votes
    2y
    Quote from @Michael Ming:

    Hello everyone,

    I find myself in a challenging financial situation and would greatly appreciate any guidance you can offer.

    I have a pending income tax payment of approximately $200K for the year 2023, due by September 10. Additionally, I am in the process of closing on a commercial property, which requires a $300K down payment by October 15.

    If I settle the tax bill, I won’t have sufficient funds for the property down payment. However, failing to pay the tax could result in a lien against my company, complicating the approval process for a mortgage and incurring an estimated $10K in penalties. Obtaining a $200K loan to cover the tax appears to carry a similar risk of a lien, potentially jeopardizing my mortgage approval.

    What would you advise in this situation? Are there any hard money lenders or alternative solutions that could help navigate this dilemma?

    Thank you for your insights.

    Hello everyone,

    I am in a quite awakward situation and looking for some help.

    I need to pay around $200K income tax for 2023  before Sep 10. 

    And, I'm closing a commercial property that requires $300K down and the closing date is Oct 15.

    If I pay the income tax, I will not have enough fund for downpayment.

    But if I don't pay the tax, I may get a tax lien on my company which may prevent me from getting an approve for the mortgage plus I need to pay around $10K penalty.

    And, if I get a $200K loan, they may put an lien on my company and potentially prevent me from getting a mortgage too.

    So, what should I do now?

    Is there some hard money lender can help or I have some better choice?

    @Michael Ming

    I will preface this with I don’t have any direct experience to offer you… but my guess is that if you are talking about the IRS, there would not be a lien placed on anything in any sort of quick manner.  If this is an estimated tax payment for your tax return you file in 2025, they certainly aren’t going to place a lien for simply not making that payment on time.  If it is for some sort of back tax due I might think they could act faster.  The IRS typically operates at a snails pace.  It would probably be months before the gears that have to turn within the IRS bureaucracy got to filing something like that - unless those gears have already ‘turned’ and you have been given notice of the intent to levy your property.   Typically what would come would be all of the notices from the IRS notifying you of their intent to lien the property, which usually give you time to resolve the situation.

     With that said, there is something to be said for not getting yourself in a situation of trying to buy something you can’t afford.  My bigger concern would be around your disclosures to your lenders… usually you have to disclose your financial situation to your lender and if you have this huge outstanding obligation it would seem like somewhere you would be obligated to disclose this to them.  I would be more worried about potential mortgage fraud in what you are trying to accomplish. 

    Broadly speaking, with what little we know of your situation, it seems like you are probably overextending yourself and you don’t have the funds to be doing what you want to do here.  That often doesn’t end well.

    All the best!

    Randy 

  • Bill HamptonBusiness Member
    Accredited Investment Fiduciary, AIF®, Financial Planner, Tax Strategist, Real Estate Investor · Atlanta, GA · Member since 2012 · 2k+ posts · 977 votes
    2y

    @Michael Ming

    Pay the IRS and postpone buying the property. Not paying the IRS comes with serious consequences. There will always be properties to buy. Get your priorities straight. 

    Hampton Tax and Financial Services LLC4.7106 Reviews
  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    2y

    You're in a tough spot, but here’s what you can do:

    1. IRS Payment Plan: Set up a payment plan with the IRS to spread out the $200K tax bill. This might avoid a lien and free up cash for your down payment.
    2. Hard Money or Bridge Loan: Look into hard money or bridge loans to temporarily cover the taxes or down payment. Just make sure they won’t place a lien on your company.
    3. Equity Partner: Consider bringing in an equity partner to help with the $300K down payment in exchange for a share of the property.
    4. Renegotiate Terms: Try to renegotiate the closing date or lower the down payment amount.
    INVESTOR FRIENDLY CPA®5241 Reviews
    TaxMD® | AI-Powered Tax Planning
  • Travis TimmonsPro Member
    Rental Property Investor · Ellsworth, ME · Member since 2021 · 1k+ posts · 2k+ votes
    2y

    When you find yourself in a hole, stop digging. Let the property go and pay the tax bill. 

  • Michael MingPro Member
    OP
    Member since 2024 · 11 posts · 11 votes
    2y
    Quote from @Bill Hampton:

    @Michael Ming

    Pay the IRS and postpone buying the property. Not paying the IRS comes with serious consequences. There will always be properties to buy. Get your priorities straight. 


     Thanks for your advice!

  • Michael MingPro Member
    OP
    Member since 2024 · 11 posts · 11 votes
    2y
    Quote from @Bill Hampton:

    @Michael Ming

    Pay the IRS and postpone buying the property. Not paying the IRS comes with serious consequences. There will always be properties to buy. Get your priorities straight. 


     Solve IRS first, then the property.

    I got your idea, thank you!

  • Michael MingPro Member
    OP
    Member since 2024 · 11 posts · 11 votes
    2y
    Quote from @Ashish Acharya:

    You're in a tough spot, but here’s what you can do:

    1. IRS Payment Plan: Set up a payment plan with the IRS to spread out the $200K tax bill. This might avoid a lien and free up cash for your down payment.
    2. Hard Money or Bridge Loan: Look into hard money or bridge loans to temporarily cover the taxes or down payment. Just make sure they won’t place a lien on your company.
    3. Equity Partner: Consider bringing in an equity partner to help with the $300K down payment in exchange for a share of the property.
    4. Renegotiate Terms: Try to renegotiate the closing date or lower the down payment amount.

     Hi Ashish, thanks so much for your advice!!!

    We solved the problem by extending the closing date and got an installment plan for our tax bill.

    And is there a place where we can find an equity partner?

    Not for this project but for next one maybe.

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    2y
    Quote from @Michael Ming:
    Quote from @Ashish Acharya:

    You're in a tough spot, but here’s what you can do:

    1. IRS Payment Plan: Set up a payment plan with the IRS to spread out the $200K tax bill. This might avoid a lien and free up cash for your down payment.
    2. Hard Money or Bridge Loan: Look into hard money or bridge loans to temporarily cover the taxes or down payment. Just make sure they won’t place a lien on your company.
    3. Equity Partner: Consider bringing in an equity partner to help with the $300K down payment in exchange for a share of the property.
    4. Renegotiate Terms: Try to renegotiate the closing date or lower the down payment amount.

     Hi Ashish, thanks so much for your advice!!!

    We solved the problem by extending the closing date and got an installment plan for our tax bill.

    And is there a place where we can find an equity partner?

    Not for this project but for next one maybe.

    If you have a good deal, you will find it. Your immediate circle and Facebook group are a place to start. If you have a good deal, reach out to me. I am always looking for good partnerships as well.

    INVESTOR FRIENDLY CPA®5241 Reviews
    TaxMD® | AI-Powered Tax Planning
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