Who gets the tax benefits in a land contract?

[Todd Bullinger]

I'm currently in the process of purchasing my business. I'm also purchasing the building on a land contract. My question is when it comes to taxes, who gets the tax benefits of depreciation, etc? The seller or me? We have agreed to a price and now our attorneys are just going through the language of the contracts. I just want to make sure I don't need to have any specific questions to ask my attorney at our next meeeting.

[Jon Holdman]

The IRS consideres a land contract as a transfer of ownership. The buyer gets the same tax benefits as if they bought it with an ordinary loan.