Bar Bulletin

Bar Bulletin

Tax on the Sale of a Business or Real Estate: Do You Know the Options?

July 2019 Bar Bulletin

By Jack H. Gruber

When a client sells an asset, there are two basic options for dealing with any tax obligation: pay the tax or defer the tax. One must then determine which of the core choices best fit his needs?

Cash Sale: The seller pays the tax in the year that the sale was consummated.

IRC 1031 Exchange; IRC 1033 Exchange: The seller defers tax obligation through the exchange of property. The exchange uses a Qualified Intermediary (QI). Alternative: Delaware Statutory Trust (DST).

IRC 453 Installment Sale <$5mm; IRC 453(A) Installment Sale >$5mm:Taxes are due in...

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