Seller finance deal with balloon payment

Seller finance deal with balloon payment

Member since 2023 · 82 posts · 46 votes

Hi, so I have someone in my network willing to sell their property to me. I do not have enough capital for a downpayment. My strategy is to conduct a sellers finance strategy where I incrementally pay them at 5% interest for 6 years (tentative) and then do a cash out refinance and pay them for the balloon payment. I am hoping to structure the deal where I can accumulate 25% equity during the seller's finance and be able to cash out refi 75% to pay the rest. The seller would have a lien position on this house. Does this help avoid the seller from making taxes?  Considering I'm doing a cash out refinance, im receiving money tax free and directly giving it to the seller. Does this mean the balloon payment they receive will not be taxed since it is debt? I'm hoping my strategy will work and incentivize the seller to do this deal as they will be paid interest and possibly tax free balloon payment? Can anyone give me insight on my strategy and explain how I should structure this?

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Alex Ng

    To answer the question no the seller doesn’t get to skip out on taxes

    The seller will pay taxes on the interest income from the loan. That will be taxed at ordinary income

    The seller also has a tax basis on the assets. This would be essentially their acquisition price + major work - their depreciation.

    Once they sell and cross that mark then those funds will be taxed

    So if they have a cost basis of $500k the moment they receive more than that - say your refinance is $1M to them then $500k of it is taxed.

    Not a cpa just an idiot posting on BP

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