Best Way To Transfer Land From a Family Member

Best Way To Transfer Land From a Family Member

Parker, CO · Member since 2016 · 18 posts · 3 votes

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?

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
1y

@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.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    1y

    @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.

  • Parker, CO · Member since 2016 · 18 posts · 3 votes
    1y

    Thank you @Drew Sygit, I hadn't considered the lien position of the lender in regards to the land.

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    1y

    I was going to bring up that the seller financing doesn’t matter if you plan to get a construction loan as the seller financing will have to be paid off. 

    Also, don’t forget while the parents are going to get hit with a $30k+ state taxes bill. You will also get hit with a tax bill if you sell on that discounted price. (You say it’s worth about $100k more than you’re paying so figure an extra $15k.)

    Maybe you’d be better off partnering with the parents unless they have zero interest? Especially if you built something to rent or live in. 

  • Parker, CO · Member since 2016 · 18 posts · 3 votes
    1y

    Thank you for the response @Bill B.!  Yes, the intention is to build a primary residence for my family to move into.  We wouldn't plan to sell the property anytime soon so I would think we could avoid the capital gains with it becoming our primary residence.

    Can you please elaborate on the partner idea?  Would this be more in line with the "gifting" approach?  Or simply just leave it in their name?

  • Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    1y

    Sorry. I thought you were building to sell. In that case you might save taxes building with them. If you plan to build your own primwry you absolutely want it to be your primary first not investment land first. (Anything that isn’t your primwry first is only tax free on a pro-rated basis.)

    I don’t know how you could swing it but…If they gifted you the kand they would avoid their capital gains tax. The downside is you would inherit their very low basis. The upside is if it was your primary the first $500k would be tax free 

    Definitely talk to a tax guy BEFORE you do anything. Assuming an only child situation where you’re not screwing a sibling. Find out if they can gift you the land. You use the land as collateral to build. After it’s built borrow on full value and gift the parents back the land value? I don’t know how hard th IRS would frown on it but I’m sure it’s done all the time out in farm country. 

  • Rental Property Investor · Member since 2018 · 826 posts · 810 votes
    1y

    Do the in-laws have any income currently? Discuss capital gains rates at various income levels with your CPA - their obligation may be lower than you think. Perhaps an installment sale will also achieve what you want if you can keep their income below a rate thrshold. 

    if they are sensitive to capital gains, then think through options where you can get it stepped up. 

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    1y

    @Jon Ankenbauer Transferring the land via a traditional sale registered with the county is a straightforward option to establish clear ownership and equity, which is essential for future financing. Using seller financing allows your in-laws to spread their $217K capital gain over time, reducing their immediate tax burden and helping you conserve cash. Alternatively, your in-laws could partially gift the property by using the annual gift tax exclusion ($34K per couple annually), lowering the sale price and their taxable gain. However, a full or partial gift means you inherit their $33K cost basis, potentially increasing your capital gains taxes when you sell in the future. Property taxes will likely be reassessed based on the transfer value, so confirm local rules to anticipate potential increases.

    If you hold the property for at least one year, you can use the equity as collateral for a construction loan, aligning with your long-term financing plans. For maximum tax efficiency, consult a CPA to explore combining a partial gift and sale or structuring the transfer to reduce property taxes. Additionally, involve a real estate attorney to ensure the transaction aligns with legal requirements and protects both parties’ interests. This approach balances tax efficiency, financing goals, and family considerations effectively.


    This post does not create a CPA-Client relationship. The information contained in this post is not to be relied upon. Readers should seek professional advice.

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