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Question

We own a family business(Retail, Service and Maintenance Pool & Spa), have been in business 20 plus years; father, mother and son(Sole Proprietorship in father's name); have a prospective buyer for whole business; $1 M for land; $650,000.00 for business. Buyer may want to do some owner financing; what is customary for down payment, and would this benefit us from an income tax angle, instead of cash. Our son will be getting a % of sale; can we give this to him as a gift so that he will incur less taxes?

Submitted: 30 days and 8 hours ago.
Category: Tax
Value: $30
Status: CLOSED
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State/Country relating to question: Texas

Posted by RD 30 days and 8 hours ago.

Answer

There is no set percentage for downpayment.
It is generally advisable to get the maximum amount possible. You can consider owner financing and finance part of the deal if the buyer has good credit. From tax point of view this would help too as you can report the sale using installment method of reporting and hence the gain on sale will be spread over a number of years as you receive the installment payments and hence the tax will be deferred too.

If you want to give a percentage of the sale amount to your Son for his personal use than you can give him a gift. Gift received by him will not be subject to tax. You will also not get a deduction for the amount you give to him as a gift. Gift is given from the after tax money.


Regarding gift tax-

Normally a person can give up to the annual exclusion amount $13,000 in 2009 ($12000 for 2008) to a person, every year (($26,000 in 2009)$ 24000 in 2008 if spouses joins in for the gift) without facing any gift taxes and note that such amounts do not count as part of your $1,000,000 lifetime total.

Further, IRS allows a person to give up to $1,000,000 in gifts, total, in their lifetime, before they start owing the gift tax. (This gift is not per (donee)person but its a per donor limit). So you can make gifts that are worth up to a million bucks during your lifetime without paying the gift tax. . Even if you do not owe a gift tax because you have not reached the $1,000,000 limit, you are still required to file gift tax return if you made a gift that does not qualify as excludable.


Let me know if you have any question.

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.


30 days and 8 hours ago.

Reply

One more question, please, if we owner financed, and buyer wanted us to stay on for 6 months lets say, do they customarily pay us?

Accepted Answer

Yes, you can have them pay you a reasonable compensation for such service provided by you for the 6 month period.

Let me know if you have any question.

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases. Nothing contained in this reply was intended or written to be used, can be used by any taxpayer, or may be relied upon or used by any taxpayer for the purposes of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code of 1986, as amended.

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Expert: RD
Pos. Feedback: 99.4 %
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Answered: 10/22/2009

Certified Public Accountant (CPA)

CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..

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