Questions for the CPA's

Questions for the CPA's

Real Estate Agent · Sevierville TN · Member since 2018 · 305 posts · 224 votes

This may be a general question and if the answer is it depends then please let me know what information might be needed. 

Clients (Married couple, he's retired, she still works) own and have lived in the same SFR on 25 acres since 1986, bought it for $78K.

He recently had about 9 acres of it subdivided out and is putting it on the market. 

Based on location and recent sales of land in that area he could get upwards of $250K for it. 

Would he have to pay capital gains tax on the sale? 

In doing some research what I found is that if he also sells off the home and rest of the land within 2 years then he'd qualify for the $500K Capital Gains Exception since it would count as 1 transaction to the IRS because he'd have sold off his primary residence. However if he doesn't sell the home and rest of the land within 2 years then he would have to pay capital gains tax on the sale of the 9 acres. 

Can any verify or clarify this? 
I know he needs a CPA but wanting to do a little research first so I can speak intelligently to him about what he should expect to hear from the CPA. 

Thanks

0Reply
19 views

Most Popular Reply

Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
7y

In reality you should not be advising about that part AT ALL on tax implications. You should be saying directly  "that is a conversation to have with your accountant as I cannot advise you on the tax consequences." You should consider pointing him to a couple different accountants so he can get his own advice.

There are facts and circumstances that may be unknown to you that you wouldn't know how to probe. Was any of this worked for agricultural or business purposes?

The short version is a remaining sale would have to happen at which point he could amend for a refund within the appropriate time frame; however, there are other facts and circumstances that may cause issues. 

See this reply in the discussion

5 Replies

Jump to latestLatest
  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    7y

    In reality you should not be advising about that part AT ALL on tax implications. You should be saying directly  "that is a conversation to have with your accountant as I cannot advise you on the tax consequences." You should consider pointing him to a couple different accountants so he can get his own advice.

    There are facts and circumstances that may be unknown to you that you wouldn't know how to probe. Was any of this worked for agricultural or business purposes?

    The short version is a remaining sale would have to happen at which point he could amend for a refund within the appropriate time frame; however, there are other facts and circumstances that may cause issues. 

  • Real Estate Agent · Sevierville TN · Member since 2018 · 305 posts · 224 votes
    7y

    @Steven Hamilton II

    I totally understand and did not plan to advise them just wanted to be educated to help them. While I know having some knowledge can be more dangerous I like to at least understand the possibilities  

    I’ve know this couple for 20 years so they’re friends and want to be able to help them understand what might happen. 

    I’d certainly make sure they talked to a professional before making any decisions. 

    Thanks for the response. 

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    @Derek Tellier

    "just wanted to be educated to help them."

    "want to be able to help them understand what might happen."

    Honestly, if you are not a tax professional, more harm is done trying to "educate" on taxes than by simply saying "I'm not a tax professional so I can't speak to that issue, let me refer you to someone who can help".  What if you "help them understand something" that they rely on to make a decision, and it turns out to not be half true, or not true come tax time?

    Do you feel like you should help educate them on legal troubles too?  If not legal, then why tax?

    You'd provide a lot more value to your clients by developing strong relationships with rockstar CPAs and EAs who are a good value, and referring your clients to them when they start talking about taxes.

  • Real Estate Agent · Sevierville TN · Member since 2018 · 305 posts · 224 votes
    7y

    @Eamonn McElroy & @Steven Hamilton II

    My apologies as of course you’re both correct. 

    I guess for some reason I thought there would be a simple cookie cutter answer to this situation but of course nothing is simple when it comes to taxes. 

    Thanks to both of you for responding. I do appreciate your direction. 

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    7y
    Originally posted by @Derek Tellier:

    @Eamonn McElroy & @Steven Hamilton II

    My apologies as of course you’re both correct. 

    I guess for some reason I thought there would be a simple cookie cutter answer to this situation but of course nothing is simple when it comes to taxes. 

    Thanks to both of you for responding. I do appreciate your direction. 

     I'd be happy to hop on a call and answer questions on his exact situation with you.  Just let me know.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.