Originally posted by @Brent Coombs:
@Ken Sanders, my nagging instincts tell me that you'd need to be "selling" it to to the LLC for what it owes you, rather than $1.00 (else YOUR losses would be immediately apparent to the IRS and everyone else, right*?) So then, it would be the LLC that would go about the nefarious business you're contemplating! I don't know if you've been reading too many of the exploits of a certain President-elect (who shall remain unnamed) in coming to the conclusion that you can be "guilty as hell"... and still get REWARDED for it, but, such conniving doesn't sit well with me...
* (But I'm not used to thinking about skirting the rules, so I my "instincts" may be wrong).
I'm not sure what you're talking about here, Brent.
I can keep the land in my name, let it go to tax sale, and take a long term loss. That I know I can do. If I put the land in an LLC (a disregarded entity), I'm fairly certain I could still let it go to tax sale and take a long term loss, but without any liens or negative effects on my personal credit report. If I'm able to do this, why WOULDN'T I?
The "selling it to the LLC for $1" was an idea to see if I could control WHEN I can take the loss. The County Tax Sale could be next year, or it could be three years from now -- I have no control over when. I want to make sure that I take a loss in a year that I have the long term gains to offset.
I apologize if I wasn't clear in my original post, but then again, IRS rules are anything but clear.