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When financing is scarce or interest rates high or a large Capital Gain is expected, a seller may take back a "Note" from the buyer for some portion of the sales price, thereby financing a portion or all of the sale. This arrangement is considered an "Installment Sale" for tax purposes. This is a great way to sell property, especially if you are in first position. Other types of financing, such as a "Wrap Around Mortgage", also known as an "All Inclusive Deed of Trust", is considered an installment sale. When a Taxpayer sells real property and realizes a taxable gain (Losses are not reported on an installment basis) but does not receive full payment for that property in the year of sale, the taxpayer must use the installment-sale method to report gain. Alternatively, the taxpayer may elect to report all the gain in the year of sale. If the taxpayer uses the installment-sale method, gains are reported on a pro rata basis, (gains are reported as they are received) and tax is paid on the gain as it is received. There is a formula below that shows an example of what is called a "Profit Ratio". The tax on the installment is based on this ratio of gain. Obviously if your basis is low, you will have more capital gain and the tax burden can be substantial. That is why it is necessary to look at an installment sale or a tax deferred exchange. Unless the seller elects otherwise (Take Cash), the seller must use the installment-sale method and report the gain as it is received. If you do elect to do an installment sale, the interest on the carry back note is taxed as ordinary income X your marginal tax rate. If you do not elect to exchange or take advantage of the installment sale, the tax on appreciation, and the recapture of depreciation at the rate of 25% is due. The 15% tax on capital gain from appreciation and the recapture of depreciation at the 25% rate can amount to a large and scary tax bill. Before you List perhaps it would be wise to plan ahead!
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