Capital Gains - Posted by Kelley

Posted by Merez(IA) on February 25, 2006 at 18:34:37:

Honestly, it really depends on how the deal was done and many other factors which aren’t mentioned in your brief summary. Granted, I would hope that she would have talked to both legal and accounting counsel before such a large transaction.

Some of these include:

  • What exactly was the corporate entity? Was it a C corp, an S corp, an LLC, etc? Had it previously been another sort of entity and changed in the past?

  • Was the sale for just the building (aka an asset sale)? Or did she transfer her interest in the corporation (aka a stock sale)?

  • Had she been depreciating the section of the building she lived in or not?

Basically, much more information is needed and she really should be working with a qualified accountant in her area.

Capital Gains - Posted by Kelley

Posted by Kelley on February 24, 2006 at 14:11:58:

An elderly woman I know recently sold her apartment building (which she had owned for thirty years) at a substantial profit. The property, which was also her primary residence, was held as a corporation of which she was the sole shareholder. She is retired and the rental income was her only source of revenue.
Will she owe taxes at the corporate rate and is she entitled to the $250K automatic deduction?
Thanks.

Re: Capital Gains - Posted by John K Haslach, CPA, MST

Posted by John K Haslach, CPA, MST on March 07, 2006 at 14:43:07:

Kelley, have done some research on the issue. If she could have converted to a Co-op, she could have planned to avoid gain. She even may have been better off selling shares in the corporation rather than selling the building itself. Post-transaction, seems she is out of luck.

Re: Capital Gains - Posted by John K Haslach, CPA, MST

Posted by John K Haslach, CPA, MST on February 27, 2006 at 16:11:09:

There is an exception under IRC Section 121(d)(4) for owners of cooperative housing corporations.

The Regs also allows for an exception.

I have only taken a quick look, but it may be worthwhile to pay a qualified professional to do a little research to see if she may find some relief.

Be careful of the advice on these pages, although most people mean well, you should not substitute their advice for a qualified professional.

John K Haslach, CPA,MST

Taxable–No Breaks - Posted by Jimmy

Posted by Jimmy on February 26, 2006 at 08:14:05:

The old lady can’t have it both ways. If it is a corporate asset, it is a corporate asset. Period.