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
Creative Real Estate Financing
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 over 3 years ago on . Most recent reply

User Stats

121
Posts
14
Votes
Abad Marroquin
  • Chatsworth, GA
14
Votes |
121
Posts

Is it a Refinance Cash Out or a Sale that will make me pay taxes?

Abad Marroquin
  • Chatsworth, GA
Posted

I applied for a refinance cash Out with Corevest, a National lender. In the summary of terms that I signed at the beginning it says refinance cash out. My properties are in a Georgia LLC. As part of the process they made me open a new Delaware LLC. My properties are being transferred to this new Delaware LLC, and my current LLC will own 100% of the new Delaware LLC.
I am afraid in the eyes of the IRS it will look more like a sale than a cash out refinance. They made me fill out w9 forms for the IRS for both entities. Since I am transferring my properties to a new LLC which is owned by my current LLC is it going to be considered a sale or a refinance cash out by the irs?

I signed all the documentations today but the bank still needs to lock the interest rate and ask for my final approval.

I have an appointment with my accountant on Monday so he can help me on this question, but what are you guys think. 
Has anyone gone through a similar process? If this transaction will make me pay taxes, I will not approve it. Please help share your ideas. Thank you in advance!!! 

  • Abad Marroquin
  • Loading replies...