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All Forum Posts by: Joseph Skoler

Joseph Skoler has started 6 posts and replied 27 times.

Originally posted by @Wayne Brooks:

@Joseph Skoler Yes, you are correct. You still have a mtg on the property that your llc bought....subject to your Mtg. How you handle/dispose of that is up to you. Your llc is not the borrower on the note so any forgiveness/elimination of the note shouldn’t cause any debt forgiveness issues for your llc. Sounds like you made a good deal. If there are any junior liens you may want to foreclose on your llc to wipe them out. You could set your minimum bid at the $100k balance if you wanted. 

Do I understand correctly that if I forgive the loan then, because the LLC is not the borrower, there is no taxable event related to the LLC?

Further, if I forgive the loan, does that mean that the balance due on the loan is a loss for me personally?

There are no other debts/liens.

Thank you! 

Originally posted by @Michael Plaks:

@Joseph Skoler

Excuse my stupidity. What happened to your $100k note?

I still have it.  I haven't done anything with it.

That is, the LLC that owns the property still owes me (personally) the money.

But I read (to me, very confusing) things about that not being possible.

Originally posted by @Wayne Brooks:

Your basis in the property is simply what you paid for it.  Your basis in the note is simply what you paid for it.  No tricks or convoluted thinking changes that.

Okay, thank you.

Originally posted by @Eamonn McElroy:

No.

Thank you for clarifying.

Would you mind suggesting how best to treat this transaction?


I really need help making the best tax situation here.

I bought a note (owner in my name) from a bank at a discount.  For ease of analysis, lets say I paid $10,000 on a note with a balance due of $100,000.

I then bought the deed to the property in an LLC of mine. Again for ease, lets say I paid $20,000.


The public records (tax forms completed at closing) show that I paid $120,000 because they require the buyer to total the price for the property plus any current mortgage debt.

Can I properly say that my tax basis (for depreciation purposes) is $120,000?

Thank you!

Sure could use some guidance. 

Thank you. 

I purchased the note (in my personal name) on a 4 family at a cost of $30,000 (original note amount $152,000; principal remaining $142,000).

I then purchased the deed (in a single member LLC) to the property for $20,000.

What is the smartest way to handle this with respect to taxes?

Am I correct that my tax basis is $162,000 ($142k + $20k)?

Should I forgive the debt and issue a satisfaction of mortgage?  Should I make payments on the debt?  Should I leave the debt there and not make payments?

Thank you,

Joseph