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Boarstone

Option/Sale taxes

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Hello Dave , I am putting together an option on 11 lots of raw land from a large landowner . The price to me is$550,000. My option is for one year with an extension to another year if I am able to move 3 or 4 of the lots. Market price is $750,000. Is there a way to avoid dealer status, and if not are you a dealer from then on or is it project specific. Is it better to purposely spread the sales over a couple of years or sell them all asap ? This is the type of deal where they could all sell fairly quickly. Are there any ways to structure this deal to reduce the tax liability ? Should I do an LLC or some other entity . I am fairly new and will be sending a large check (for me) to the uncle this week from 3 deals last year so am trying to be a little smarter this time around. Thanks very much

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Each lot sold is a dealer disposition, regardless of your holding period. Your decision to use a business entity does not change the tax treatment. A business entity does not necessarily reduce your tax liability, only your liability exposure in the event of a lawsuit.

 

That said, you probably already know that the first $50K in net income in a C-Corp is taxed at 15%, while the same income in an S-Corp is taxed at your ordinary income tax rate and is also subject to self-employment income taxes. Consult with your CPA and your tax advisor to choose a business entity that gives you the most favorable tax treatment while still giving you the flexibility you need to operate your business.

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