tax and capital gains strategy for a retiree

tax and capital gains strategy for a retiree

Investor · Seminole, FL · Member since 2016 · 94 posts · 41 votes

I have a neighbor down the street ask me how he could sell his 4 investment properties and not have to pay any capital gains tax. I thought do a 1031 like kind exchange but he is 75 years old and wants to liquidate his assets and put the cash in the bank. I would like to approach him with some solid options as I would like to have an option to buy his properties. 

Option 1: He 1031's all properties into something like or kind in value, treats it as an investment but after 6 months moves into the newly bought home for two years before selling. Not sure if he can make the move into an investment house and call it an owner occupied home or for how long it takes to qualify as an owner occupied. 

Option 2: We work to a seller financing deal to keep him getting paid but as his houses are free and clear he is already getting paid pretty good so the only value I see in that is that they wouldn't be his worry anymore. What if we did seller financing I fixed up the houses for a year and then put them on the market and paid the guy off. Is he still liable to pay capital gains on that money since the home notes are in my name at that point? 

Option 3: Whats the word from BiggerPockets? 

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Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
7y

I have a 95 yo seller I am working on who is facing the same thing.  Wants out of the day to day, likes the monthly, wants his heirs to inherit tax-free.  Since the estate tax exemption was recently doubled, he thinks he'll sneak in just under the $11M max.

I offered a 3yr lease with option to buy (LO) or a Master LO (MLO).  Option Consideration in the the form of property taxes as they come due twice per year.  Extendable every 3 yrs.  He was like wait- can i still deduct the property tax payments?  I would I said.

I was close, but didnt get the deal. He did chuckle and say it's the most creative offer he's ever seen though.  At our annual lunch (5 yrs now) I'll re-present making the Option not exersizable until his passing.  That may do it.  

Try an extendable MLO that you won't buy until in his estate.

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  • Financial Advisor · Boynton Beach, FL · Member since 2015 · 833 posts · 798 votes
    7y
  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    7y

    Option 1. 1031 exchange into a DST. He needs to talk to a VERY trusted and competent financial advisory for this. DST's are a high risk, Reg D Security.

    Option 2. Minimize capital gains via an installment sale 

    Option 3. Monetized installment sale- I'm not a fan of these but others are. 

    Option 4. (This sounds awful) But structure it where properties are purchased from his heirs upon passing 

    Option 5. If he has capital gains to utilize and or losses locked up in the rentals they can offset gain

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    7y

    @Account Closed said.  And that doesn't help you if you have to wait that long.

    Any kind of a regular installment sale or note carry back by him makes the transaction taxable and further he'll be liable for all depreciation recapture in the year of the sale.  He'll pay the tax whenever he gets the cash.  So a delay and then payment in full doesn't help him. 

    Two viable answers to provide secure benefit to him and completely avoid the tax I'd see would be

    1. Hire good management and never look at the properties again.  And when he passes his heirs get the step up in basis and the tax disappears\

    2. Do a 1031 exchange (this would let you purchase the properties) and move into a passive investment. But I really don't think he would be best served going into anything like a DST or TIC where there was any assumption of debt. He's free and clear and needs to stay that way. I realize that a lot of people like remind me that non-recourse debt can't affect him. But debt can affect the property and thats still a lot of risk in my book at his stage in life. There would actually be some additional benefit to him beyond putting the cash in the bank or equities. First he'll get a much better return than sitting in a bank. And second because of the 1031 he'll still own actual real estate rather than simply shares in a company. And his heirs can still inherit tax free.

    The 1031 Investor5137 Reviews
  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    7y

    I have a 95 yo seller I am working on who is facing the same thing.  Wants out of the day to day, likes the monthly, wants his heirs to inherit tax-free.  Since the estate tax exemption was recently doubled, he thinks he'll sneak in just under the $11M max.

    I offered a 3yr lease with option to buy (LO) or a Master LO (MLO).  Option Consideration in the the form of property taxes as they come due twice per year.  Extendable every 3 yrs.  He was like wait- can i still deduct the property tax payments?  I would I said.

    I was close, but didnt get the deal. He did chuckle and say it's the most creative offer he's ever seen though.  At our annual lunch (5 yrs now) I'll re-present making the Option not exersizable until his passing.  That may do it.  

    Try an extendable MLO that you won't buy until in his estate.

  • Registered Representative · Bend, OR · Member since 2018 · 91 posts · 38 votes
    7y

    There are plenty of DSTs that offer no debt.  That is not a reason not to look at them.  

  • Financial Advisor · Manchester, NH · Member since 2017 · 97 posts · 68 votes
    7y

    @Natalie Kolodij mentioned an installment sale.  This does not reduce capital gains taxes, but certainly defers them.  There are two ways to think of the installment sale:

    1 -  buyer purchases over set period of time, i.e. 5 years, or

    2 - seller receives payment over set period of time.

    Using option 2, the seller transfers property to a third party in exchange for promissory note.  Third party sells property to buyer for full asking price.  Seller does not have constructive receipt (no capital gains tax liability) until third party pays them the principal.  You might have heard this strategy marketed as a Deferred Sales Trust.

    Third party can sit in cash or invest per guidelines established by the seller.

    This does not provide the step-up opportunity that a 1031 exchange has, but there are ways to offset the future tax liability.  Additionally, current tax code allows for deferring taxes for decades.

    It provides the seller an exit, and allows you the entry you were looking for. 

  • Investor · Seminole, FL · Member since 2016 · 94 posts · 41 votes
    7y

    @Natalie Kolodij thanks very much for the information, my lack of knowledge in this area just goes to show that I need to buckle down and start learning this stuff and getting in touch with the right people. Thanks again for getting me pointed in the right direction. 

    One more to boot I don't imagine as a retiree his income is very high, would it be less of a pain with capital gain tax because of this? Is capital gain tax a set percentage to be paid? What I'm getting at is would it be less painful for him than his heirs who likely have full time jobs and a higher income. 

    Also the installment sale is insightful though we may not go that route it maybe be better to have him just sell off one house per year. 

    Also of note he would be saving money doing an off market deal so his realtor fees would offset any capital gains cost. 

    Also considering the seller financing bit I'd improve the properties to sell soon thereafter but then he would pay those gains taxes still right? 

  • Investor · Seminole, FL · Member since 2016 · 94 posts · 41 votes
    7y

    @Dave Foster thanks for the insights, the step up in basis is a bad thing right? That basically states when the kids inherit they will inherit the portfolio which will be valued higher? What are the negatives for the heirs at this point and would it be more beneficial for the old guy to offload this portfolio strategically for his kids sake? I could also just purchase the properties off market and save him the realtor fees which would offset the capital gains pain. 

    You say do a 1031 and move into a passive investment - can you offer some examples that would sweeten the tax deal? Maybe he can max his IRA's etc. I'm sure he is old enough to start pulling from them. Thanks again for the input I've still got some research to do but I will post after our discussion.

  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    7y
    Originally posted by @Kyle Kadish:

    @Natalie Kolodij mentioned an installment sale.  This does not reduce capital gains taxes, but certainly defers them.  There are two ways to think of the installment sale:

    It provides the seller an exit, and allows you the entry you were looking for. 

    Actually your capital gains tax rate is based on your current year income tax bracket. 

    So if you spread out the gain over multiple years to where you're only recognizing a small portion each year, you're going to keep yourself in a lower tax bracket. 

    So you will pay less tax overall. 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    7y

    @Account Closed The step up in basis is actually a very good thing- for your heirs :)

    The difference between basis and the net sales price is what determines profit.  So the lower your basis = more profit=more tax.  And the higher your basis the less profit and tax.

    When you die the basis in your properties “steps up”. Your heirs get it as if they paid market value the day you died.  So basis is so high it equals arv.  The gain and tax go away.

    You don’t get to enjoy it but it’s a great gift for your heirs.

    The 1031 Investor5137 Reviews
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