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Taxpayers who hold real estate as inventory, or who purchase real estate for re-sale, are considered "dealers". These properties are not eligible for Section 1031 treatment. However, if a taxpayer is a dealer and also an investor, he or she can use Section 1031 on qualifying like properties.
The seller’s costs to sell that home include a mortgage payoff balance of $300,000, real estate agent fees of $15,000, attorney fees of $1,000 and other sales taxes and closing costs of $4,000.
Capital gain can only be earned on the profitable sale of assets. A former Chief Accountant of the Securities Exchange Commission defined an asset as: “Cash, contractual claims to cash or services, and items that can be sold separately for cash”. [15] Practical applications of this definition primarily include stocks and real estate.
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The modern trend in the U.S. is that the implied warranty of fitness for a particular purpose applies in the real-estate context to only the sale of new residential housing by a builder-seller and that the caveat emptor rule applies to all other real-estate sale situations (e.g. homeowner to buyer). [3]
Selling a home can put a large sum of money in your pocket but there's one important thing to consider: Taxes. Whether the sale of a home is taxable or not can depend on the amount of the gain ...
In this interpretation, the upfront payment from the privatization sale corresponds to the principal amount of the loan, while the proceeds from the underlying asset correspond to secured interest payments—the transaction can be considered substantively the same as a secured loan, though it is structured as a sale. [27]
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