How to pull money out of a property without selling it - Part 1
A reader asks:I want to pull some equity out of my San Francisco property and pay as little as possible in taxes or none at all. Is there a way to do this?
Our answer:
There are several ways to do this. When to do it one way or another might be a better question. Depending on the market conditions or current interest rates, you could refinance and pull some money out that way. During the past several years ago where rates were historically low, mortgage companies were swamped with people refinancing their homes. When you refinance, any money you take out from the proceeds is not taxed, and it does not raise your property taxes. However, with interest rates going up(check our trusted mortgage advisor with Princeton Capital, Dennis Kowalski's website for the most current information and new trends), that might not be the best strategy right now. It is always a good idea to talk to your accountant or financial advisor to evaluate your situation and determine the best time for you to refinance. There are many things to consider, for instance, the amount of the new monthly payments, what you are using the money for, what the future interest rate might be and how long you think you will hold the property.
Another way that defers most of the capital gains taxes is the Private Annuity Trust. As the Real Estate Journal put it, "Under this plan, the owner of commercial or residential property transfers ownership to a trustee prior to the sale of the property. The trust pays the seller with a special payment contract called a private annuity that stipulates that payments from the sale of the property go to the owner for the rest of his or her life. The trustee then sells the property to the buyer, getting cash for the property and holding it in a trust. The trustee also can invest the money held in trust." With this method only the amount of the distributions are taxed at a rate calculated by the IRS depending on your life expectancy and only at the time the payments are made.
When you start hearing legal terms bandied about like "trust" and "trustee", it can sound a little ominous. So check with the experts and ask a lot of questions!
- Mick Orton
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