Buying the property and the name of the llc

[Alex Hamden]

I AM Buying the property and aLSO the name of the LLC . Is there a way that I can help the seller not pay taxes on the property that there selling and put it all on me since I'm taking over the llc. It's a way that I can negotiate a lower price on the property wHICH IS a win for me also . Basically what I'm really trying to say is I want to make a good offer a better Offer By him not paying any taxes and me buying the property and the Llc, which is taxed . I can neogiate at a lower price , oh and Ita a commercial apartment building .

[Dave Foster]

@Alex Hamden, If he sells you the membership interest in the LLC he recognizes a gain on the sale of the interest. If he finances you on that purchase as an installment sale he will delay but pay taxes on it. either way he pays tax on the gain.

If he sells you the LLC as @Carl Fischer indicates the LLC stays in place as well as all debts contracts etc of the LLC.  But if he sells you the LLC he loses the opportunity to do a 1031 exchange and defer tax on the sale of the real estate because the real estate is not being sold - only the entity which owns the real estate.

If he sells you the property then the LLC could do a 1031 exchange. But the LLC will also need to own the new property so he would have to retain the LLC in order to do that.