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Ed Franklins Carry Back Note sales ED FRANKLINS carry back note sales get cash now
Sell your carry back note and get cash now.
This type of financing can also be a very effective income tax planning and/or estate tax planning strategy for you if you do not want to 1031 Exchange into other like-kind replacement properties
Seller Carry Back Note â Inside or Outside the 1031 ExchangeSpecial planning is required when you intend to complete a 1031 exchange and carry-back an installment note as part of the 1031 exchange transaction
The common misconception is that seller carry-back financing and 1031 exchanges can not be used together and are mutually exclusive
This could not be further from the truth
Seller carry-back financing and 1031 exchanges are often combined in the same transaction
They do, however, require careful advanced planning and structuring to ensure a smooth 1031 exchange transaction
You must decide prior to the close of your relinquished property sale transaction whether your capital gain income tax consequences related to the seller carry-back note will be deferred under the installment sale rules pursuant to Section 453 of the Internal Revenue Code or will be deferred via a 1031 exchange pursuant to Section 1031 of the Internal Revenue Code
The installment note and deed of trust or mortgage will be drafted differently depending on which strategy you select
Once the relinquished property sale transaction has closed you can not change your mind, so it is important to meet with your advisors ahead of time to ensure that you make the correct decision for you prior to the close
Excluding the Note from the 1031 Exchange â Installment Sale TreatmentShould you decide to exclude the seller carry-back note from your 1031 exchange transaction, the promissory note and the corresponding deed of trust or mortgage would be drafted with you listed as the beneficiary or owner of the promissory note
Your Qualified Intermediary would only be assigned into the balance of the relinquished property sale transaction that is separate from the seller carry-back note portion of the transaction
The cash portion or net proceeds from the sale transaction would be sent to your Qualified Intermediary at the close of your relinquished property sale transaction and the installment note would be owned and held directly by you and would not be part of your 1031 exchange
The installment note and corresponding deed of trust or mortgage would be taxable under the installment sale rules pursuant to Section 453 of the Internal Revenue Code
Your capital gain income tax liabilities are deferred over the term of the installment note and would be recognized and taxed as principal payments from the installment note are received by you
It is extremely important to note that your depreciation recapture income tax liabilities are not deferred over the term of the installment note, but are actually recognized and taxed in the year in which the relinquished property sale transaction closes
This can create liquidity issues for you during tax time, so be sure to plan accordingly
Not including the seller carry-back note within your 1031 exchange transaction can be a great exit strategy when you want to get out of real estate altogether but still want to defer your income tax consequences over the term of the installment note
It is extremely important to remember that that your depreciation recapture income tax liability is immediately recognized and taxed in the year of the sale and your capital gain income tax liability is only deferred over the term of the installment note
The entire income tax liability would be immediately recognized when the entire outstanding principal balance of the installment note is paid off and received by you
This can be problematic should the borrower decide to pay off the promissory note early
You may want to discuss including a prepayment penalty in the promissory note with your advisors
You may want to consider including the seller carry-back note inside of your 1031 exchange transaction so that the capital gain and depreciation recapture income tax liabilities can still be indefinitely deferred through your 1031 exchange
Including the Note as Part of the 1031 Exchange â 1031 Exchange TreatmentOn the other hand, should you decide to include the seller carry-back installment note as part of your 1031 exchange transaction, the installment note and corresponding deed of trust or mortgage would be drafted with your Qualified Intermediary listed as the beneficiary or owner under the installment note and corresponding deed of trust or mortgage
Learn how to properly draft the installment note and deed of trust or mortgage for your 1031 exchange transaction on our web page entitled "Legal Beneficiary Vesting for Seller Carry Back Notes included with
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