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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
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Experience:  10 years experience
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What do you mean by over the term of the new lease ... I

Customer Question

what do you mean by over the term of the new lease ... I have month to month and then a 6 month lease and I may in the future purchase a home.
Is purchasing a new home to my advantage with capital gains . Does it matter that it is in Florida?
Submitted: 1 year ago.
Category: Tax
Expert:  Mark Taylor replied 1 year ago.

I would assume who ever bought out your lease, went and lease the property to new tenants. If this is the case the lease buyout would be spread out over the term of this new lease. Does this make sense?

Customer: replied 1 year ago.
yeah but its probably a year or two lease
Customer: replied 1 year ago.
its not letting me rate you with stars I want to give you 5 stars for each one
Expert:  Mark Taylor replied 1 year ago.

I am not sure why that is the case. Please let me know if you have any other questions.

Expert:  Mark Taylor replied 1 year ago.

Here is what I found regarding a buyout. A rent-stabilized tenant is entitled to successive renewal leases as long as he or she complies with the terms of the lease, that entitlement is considered a property right and would be treated as a capital asset. Since you have been in occupancy for more than a year — the period required for capital gain to be treated as long-term — the payment would be subject to federal taxes at a maximum rate of 20 percent instead of the maximum 39.6 percent rate for ordinary income.