Preconstruction Sale

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  • Brian EA
    Senior Member
    • Dec 2005
    • 786

    #1

    Preconstruction Sale

    Client signed construction deal 2 years ago. Upon completion the house was sold immediately. Do I use the completion date or the date the contract was signed to determine Long term or Short term gain/loss.

    I am sure this would be a long term transaction, however with the way the tax season is going I am almost brain dead. Need comfirmation

    thanks

    brian
    Everybody should pay his income tax with a smile. I tried it, but they wanted cash
  • outwest
    Senior Member
    • Dec 2005
    • 455

    #2
    I'm thinking plain old..

    ordinary trade or business of development. Not capital gain.

    Comment

    • JoshinNC
      Senior Member
      • Feb 2006
      • 1180

      #3
      I'm assuming this was a speculative purchase?

      If so, I say LTCG if the client put money down and was paying the interest during the building process.

      Comment

      • Brian EA
        Senior Member
        • Dec 2005
        • 786

        #4
        Originally posted by JoshinNC
        If so, I say LTCG if the client put money down and was paying the interest during the building process.
        He put down $10,000 and did not pay any interest. The contract was signed a few months before hurricane Wilma struck. Construction was delayed for a few months and finally completed in july 2006 when it was sold. The company that wrote the contract arranged for the sale. All my client did was signed on the dotted lines and collected 76G.


        brian
        Everybody should pay his income tax with a smile. I tried it, but they wanted cash

        Comment

        • JoshinNC
          Senior Member
          • Feb 2006
          • 1180

          #5
          Who's the company that wrote the contract?

          Originally posted by Brian
          He put down $10,000 and did not pay any interest. The contract was signed a few months before hurricane Wilma struck. Construction was delayed for a few months and finally completed in july 2006 when it was sold. The company that wrote the contract arranged for the sale. All my client did was signed on the dotted lines and collected 76G.


          brian
          Is it the builder? Sounds like your client acted as a buyer for the builder, who then arranged for a sale to a third party. I would say that this was an investment with the holding period beginning on the date that your client signed the contract to buy and made his deposit. How related, if at all, are your client, the builder and the ultimate buyer?

          Comment

          • Brian EA
            Senior Member
            • Dec 2005
            • 786

            #6
            Originally posted by JoshinNC
            Is it the builder? Sounds like your client acted as a buyer for the builder, who then arranged for a sale to a third party. I would say that this was an investment with the holding period beginning on the date that your client signed the contract to buy and made his deposit. How related, if at all, are your client, the builder and the ultimate buyer?
            No relationship. The real estate company arranged the seminar , my client attended and was convinced it was a good deal. he signed the contract and gave them the deposit.The builder/realestate company arranged for the sale. that's it.

            brian
            Everybody should pay his income tax with a smile. I tried it, but they wanted cash

            Comment

            • Joe Btfsplk
              Senior Member
              • Dec 2005
              • 527

              #7
              Sounds like he was 'lending' his credit to the builder

              Your client may have lucked out and was dealing with an honest builder.
              There is a scam I've heard of in which someone talks a person into financing a house with the promise to split the profit on the sale. The scammer then puts the deed in his name and sells it, leaving the debt in the name of the scamee.

              Comment

              • JoshinNC
                Senior Member
                • Feb 2006
                • 1180

                #8
                That's scary

                Originally posted by Brian
                No relationship. The real estate company arranged the seminar , my client attended and was convinced it was a good deal. he signed the contract and gave them the deposit.The builder/realestate company arranged for the sale. that's it.

                brian
                Anyhow, I think it still qualifies for LTCG treatment as long as the loan was in the client's name and the sale was in his name.

                Comment

                • Joe Btfsplk
                  Senior Member
                  • Dec 2005
                  • 527

                  #9
                  Did the client ever have title to the property?

                  If he loaned the money and did not have title to the property, then he could not sell the property and it would not be a capital gain. He who sells what isn't his'n goes to prison!

                  If he just loaned the money and got back more than he loaned, it would be ordinary income.

                  If he held title to the property, it would seem more like a construction-type arrangement and the rules for construction contracts would apply.

                  Comment

                  • OldJack
                    Banned
                    • Dec 2005
                    • 1689

                    #10
                    I don't think your client has to own the property to have long-term capital gain as he invested in a contract that is in itself a capital asset (property) much the same as shares of stock in the stock market.

                    Comment

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