tax consequences for selling with owner financing

tax consequences for selling with owner financing

Investor · brisbane, queensland · Member since 2014 · 14 posts · 2 votes

Let's say I am looking at owner financing the sale of a property.

Lets assume I bought the property for $100k with 20% down, and 5 yrs later sell for $200k, and owner finance 5yr balloon with 20% down @ 6%  and 30 yr amortization.   

The purchaser is looking at 160k loan.  Monthly payments will be $959, initially with $800 in interest and the remaining in principal.

My questions are

1) How is the 20% down taxed - is that taxed at profit and applied at capital gains rate ?

2) How are the repayments taxed. (interest vrs principle ?) What is the impact of the remaining loan on that income (completely offset, or offset only the interest portion ?)

3) After 5 years how is the payout taxed. I would assume capital gains on the remainder of the gain after removing the principle repayments ?

I expect this is a very complicated question with many factors such as depreciation and capital improvements involved. However, I am looking for as simple as possible high level understanding of the tax consequences excluding all the aux factor in order to make a real life decision.

Thanks !

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
11y

Other than the recapture on depreciation due, I believe, in the year of the sale, the rest is pretty straight forward.

Interest received is income, interest paid is deductible.

Down payment, pay off at end and Principle received is prorated between return of basis (no tax) and cap gains, taxed at cap gains rates. Principle payed is irrelevant.

My understanding only, talk to a CPA.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    Other than the recapture on depreciation due, I believe, in the year of the sale, the rest is pretty straight forward.

    Interest received is income, interest paid is deductible.

    Down payment, pay off at end and Principle received is prorated between return of basis (no tax) and cap gains, taxed at cap gains rates. Principle payed is irrelevant.

    My understanding only, talk to a CPA.

  • Investor · Sherman Oaks, CA · Member since 2008 · 6k+ posts · 3k+ votes
    11y

    @Steven Hamilton II is a great tax advisor

  • Investor · brisbane, queensland · Member since 2014 · 14 posts · 2 votes
    11y

    Thanks for the reply.  I would think that since none of the 20% down is going toward paying down the principle that it would all be treated as capital gains. 

  • Ozark , MO · Member since 2014 · 61 posts · 40 votes
    11y

    I thought Dodd Frank prevented balloon payments?

  • Barrington, IL · Member since 2010 · 204 posts · 54 votes
    11y
    Dodd frank only restricts balloon payments on owner occupants. If the buyer is an investor Dodd frank doesn't apply. At least from what I've researched.
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