1031 and lease option question on multi-unit

1031 and lease option question on multi-unit

Investor · Bensalem, PA · Member since 2011 · 146 posts · 93 votes

Hey fellow BP'ers .  I really could you some sound experience and advice on this one.   Still have this multi-unit in the pipeline.  I have a seller willing to hold a short term note (12 months)  was going to do a lease purchase since I am short on down payment funds.  Was hoping to do this as a purchase instead of a lease purchase but seller said If we transfer title with only 10% down. $33,290 (Sale price 332,900)   that he would have to pay capital gains tax on the full amount.   1)  Is this accurate?   2) Is there any way around this.?   I want to pull the trigger on this deal, but I'm really concerned that I wont be able to come up with additional down money at end of term.  If I did as a purchase, then it would be a simple cash/out refi.  I'm thinking I may just have to walk away on this one, and chalk my deposit up as lesson learned

Thoughts on what do do anyone?

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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    9y

    From what I understand, the cap gain will be spread out, but he will have to recapture all taken depreciation in the year of sale - installment or not.

    I can't sell with 10% down, either. Transaction costs and the 25% recapture put  me in the red.

    A master lease option may be a good strategy for a tired landlord.  Bone up on and become a 'master' of Master Lease Options @Jonathan Jewell!

  • Attorney / Multifamily Investor · Houston, TX · Member since 2009 · 173 posts · 136 votes
    9y

    I'm confused - the master lease option doesn't transfer title, so the seller wouldn't have to pay tax on the entire amount. 

    (I'm not a tax lawyer, so I suppose it's possible the IRS could classify it as an "installment sale," but even then, the gain would be spread out. Right? I can't see how the IRS could require all depreciation to be recaptured without a deed transferring title.)

    With a master lease option, you're looking at 3% down instead of 10%. Worth a shot.

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