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
Tax, SDIRAs & Cost Segregation
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 7 years ago on . Most recent reply presented by

User Stats

16
Posts
2
Votes
Kyle Cortez
  • Real Estate Broker
  • Wilington, IL
2
Votes |
16
Posts

How do I "buy" my parents' business?

Kyle Cortez
  • Real Estate Broker
  • Wilington, IL
Posted

Without being too specific, here's the scenario for a friend:

A young college student wants to buy an investment property; it's a small apartment building with 11 units. Since it's over 4, a commercial loan is required. Guess who doesn't qualify for a commercial loan with limited business history? 

The result is that the LLC, which will own the property, ends up in the student's parent's name, along with the commercial loan since the student is ineligible (for at the time at least another 2+ years.)

When it comes time to refinance/sell/etc. how can the property belong to the student instead of the parent, without "rebuying" the property from the parent? Open to any all suggestions!  

Most Popular Reply

User Stats

1,561
Posts
2,286
Votes
Brandon Hall
  • CPA
  • Raleigh, NC
2,286
Votes |
1,561
Posts
Brandon Hall
  • CPA
  • Raleigh, NC
Replied

@Kyle Cortez The parents can gift the property to the child. No taxes will be incurred as long as the property is less than the parents' remaining lifetime exclusion amount. 

Otherwise, it will be a taxable sale.

There is a third option: student manages the rental and is paid to manage the rental. The payments will be ordinary (self-employment) income which will give the student income history (good for loan quals). If student never takes title and parents pass away, student will received a stepped up basis in the property at the time of death meaning that the student can then liquidate without paying a cent in tax. 

Loading replies...