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Updated almost 4 years ago,

User Stats

5
Posts
1
Votes
Blaine Chapman
  • New to Real Estate
  • Georgia
1
Votes |
5
Posts

Transferring Property from and S-Corp

Blaine Chapman
  • New to Real Estate
  • Georgia
Posted

Hello all,

This is my first post here on BP. I've been perusing for a bit and haven't found the exact answer I am looking for. 

Here is my situation:

I have a business in Georgia, registered as an S-Corp, and that S-Corp has a mortgage for the building and six acres it sits on. Two of the acres are developed, four of the acres are not. We would like to get the property out of the name of the S-Corp and into another entity that we still own but might have more protection. We will not be moving locations or selling the property to another party. Is there a way  for us to transfer the property from our S-Corp into another entity without triggering our due-on-sale clause and paying capital gains taxes as well. We will then develop the undeveloped four acres to lease out. I may be leaving out information, if so, please don't hesitate to ask. Thanks in advance.

Blaine

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