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Suzanne F. Cohen
An arts enthusiast, Suzanne is thoughtful about her philanthropic decisions. The Nathan L. and Suzanne F. Cohen Philanthropic Fund supports The Associated's Annual Campaign and emergent Jewish issues while the Cohen Opportunity Fund creates access to opportunities in underserved communities.
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Dixie and Neil Leikach
Dixie and Neil Leikach are both committed Associated leaders with the Baltimore-Ashkelon Partnership Committee.
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As donor-advised Impact fund holders, the Engelharts established a fund that allows young donors to contribute over a 5 year period.
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Saturday March 25, 2017

Case of the Week

Exit Strategies for Real Estate Investors, Part 1

Case:

Karl Hendricks was a man with the golden touch. Throughout his life, it seemed every investment idea that he touched turned to gold. By far, Karl was most successful with real estate investments. It was definitely his passion.

Amazingly, Karl continued to buy and sell real estate at the age of 85. For example, about three months ago, Karl discovered a great investment property. It was a "fixer-upper" commercial building in a great area. While other nearby buildings sold for over $2 million, the seller needed to sell quickly and was asking just $1 million.

The condition of the building turned many buyers away. It was being sold "as-is," but Karl was not deterred. He could see great potential with the building and knew it would not take much to get it to market condition. Therefore, Karl swooped in, bought the building for $1 million and instantly hired contractors to refurbish the place.

After three months of hard work refurbishing the building, the place looked like new! In the end, Karl invested $250,000 in the building, bringing his total investment in the property to $1.25 million. One month after the completion of the work, Karl was contacted informally by a company that expressed an interest in the building – a $2 million interest! This was no surprise to Karl. He knew the building was a great buy.

There was one downside to the idea of selling, however. Karl held the property only four months which meant the gain from the sale would be short-term capital gain. In other words, the applicable tax rate would be 43.4%, not 23.8%. Karl cringed at the thought of paying much of his gain to the government. At the same time, Karl knew the real estate market could change directions in the next year. So, although Karl wanted the 23.8% tax rate, Karl did not want to risk holding the property another eight months.

Question:

Can Karl sell the building and bypass the tax on the sale of the property? Karl wants to reinvest the full sale proceeds in an income-producing investment. Is this possible?

Solution:

Based upon Karl's situation and goals, a FLIP CRUT is an excellent option. Prior to any binding sale agreement, Karl could transfer his property into the FLIP CRUT. In this case, the potential buyer merely expressed an interest in the property. Because there would be no legally binding agreement between Karl and the buyer, there would be no prearranged sale problem.

Once the property is transferred into a FLIP CRUT, the trust would list and sell the property. Even if the property sold for $2 million, the trust would owe no taxes on the sale because the trust is exempt from income taxes. Therefore, the FLIP CRUT would meet Karl's first goal – avoiding an immediate 1/3 bite out of his short-term capital gain.

Next, the trust would reinvest the full sales proceeds of $2 million (minus selling costs). Pursuant to Karl's goals, the trust would likely invest for income. It could invest in bonds, dividend paying stocks or even rental property. This would met Karl's second goal.

So far, Karl is very pleased with the FLIP CRUT option. It looks like the perfect solution. However, there are two potential downsides to this plan. The two remaining issues are as follows: 1) What is the charitable income tax deduction for gifts of short-term capital gain property, and 2) What are the tax characteristics of the FLIP CRUT payouts to Karl?

For a discussion of these two issues, see "Exit Strategies for Real Estate Investors, Part 2."

Published March 17, 2017
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Previous Articles

Dying to Deduct, Part 3

Dying to Deduct, Part 2

Dying to Deduct

Living on the Edge, Part 6

Living on the Edge, Part 5

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Harry Greenstein Legacy Society

If you have already made plans to remember The Associated in your estate plans, we invite you to join The Harry Greenstein Legacy Society so we may acknowledge your thoughtfulness and generosity.
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