Partner A contributes the encumbered property to LLC (assuming title transfer and mortgage transfer are possible), no gain recognized on the contribution, and then subsequently LLC makes a distribution to Partner A to keep the ownership % even across the partners at 25% each    Question: would this trigger the disguised sale rules?

I have been told it is a little complex trying to avoid all the ways to trigger the taxes.

Did you ever pull the trigger on the STR?

People mistakenly say that it will trigger the "due on sale" clause, but that changed a few years ago.

I don’t suppose this would trigger the due on sale clause since you aren’t selling it, although I don’t know if there’s something else in your loan documents that this arrangement would violate.

And then you have those that cant pull the trigger because the market is crashing so they wait and wait and wait. 

Will refinancing out of a commercial and into a residential trigger cap gains?

I finally pulled the trigger on my first in Jan and this week closed on my 4th!

Answer 4: Interested, flexible, cooperative, etcQuestion 5: How are you going to find these triggers ?

@D HiggsI’ll just say I haven’t yet pulled a trigger on nonQM but last year I interviewed several brokers and other sales people for that type of loan, and, didn’t have any reluctance at all.