Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Land & New Construction
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 3 months ago on . Most recent reply

User Stats

18
Posts
3
Votes
Jon Ankenbauer
  • Parker, CO
3
Votes |
18
Posts

Best Way To Transfer Land From a Family Member

Jon Ankenbauer
  • Parker, CO
Posted

My wife and I are looking to purchase a piece of vacant land from her parents.  My in-laws own the property free and clear and it is part of 3 contiguous lots that they own (they live on 1 lot and there is another lot separating their lot from the lot we intend to purchase).  My question is; what is the best way to put the property in our name?  We are being conscious of property tax on a vacant piece of land (our potential liability) as well as the potential capital gains taxes (their potential liability).  Their cost basis is about $33k, the agreed upon purchase price is $250K and the expected appraisal might be around $350k-$400k.  They have agreed to sell it using seller financing.  

We intend to hold the property in our name for at least 12 months before starting construction.  In speaking with a lender, I am told that the equity in the property can be used as collateral against the loan if owned for at least 1 year.  This would allow us to come to the table with less funds out of pocket on the front end when starting construction.

Is the best way to complete the transfer of ownership through a traditional sale registered with the county?  Is there a way to utilize the "gift" feature illustrated in the tax code?  Should it simply be left in a trust and payments made to the trust?  I know there are a lot of options, especially since they are family and willing to carry the loan.  Which direction should be be looking?

Most Popular Reply

User Stats

9,143
Posts
5,818
Votes
Drew Sygit
#1 Managing Your Property Contributor
  • Property Manager
  • Royal Oak, MI
5,818
Votes |
9,143
Posts
Drew Sygit
#1 Managing Your Property Contributor
  • Property Manager
  • Royal Oak, MI
Replied

@Jon Ankenbauer you won't be able to keep the land separate from any future construction loan. So, you can do a land contract for 12 months, which should allow lender to credit you full value of the land vs the purchase price, but the loan will pay off the land contract, so the lender maintains first lien position.

Can't help you with the rest of your question, but you should be able to search for "CPA" here on BP to find experts to reach out to.

business profile image
Logical Property Management.
5.0 stars
1 Review

Loading replies...