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Disadvantages Of Installment Sales

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Anyone interested in selling a property before the end of the year will undoubtedly be looking for a buyer who has the cash and is willing to pay. However, if you are flexible with installment sales, both the seller and the buyer can benefit; as installment sales also offer tax savings for sellers. Installment sales mean that the payments made by the buyer are spread over time instead of paying a whole lump sum to close the sales. The seller can commit the buyer to future payments through the signature of a deed of trust, land contract, mortgage, note or any other evidence of debt, detailing the outstanding payments. The rules governing the installment sales are well specified. Under certain circumstances, the installment sales system allows …show more content…
Gain will be reported based on the installment method when a taxpayer sells assets comprising a business at a gain and all payments are not received in the year of sale, unless the taxpayer elects otherwise. However, as explained above, tax deferrals can be limited where these assets include a range of tax characteristics, such as, inventory, items sold at a loss, and other items ineligible for installment sale treatment. Therefore, to maximize the installment sale tax deferral, buyer and seller should negotiate an agreement on the allocation of particular installment payments to particular assets; otherwise, the installment payments must be allocated among the assets on the basis of their relative fair market values (FMVs), often limiting tax deferral. Henceforth, to maximize the seller’s gain deferral, the allocation of early payments to inventory, assets sold at a loss, and other items for which installment reporting is unavailable, should be made. ‘The sale of a business must be “comminuted into its fragments” where either the selling price or the down payment, or both of them, is separately stated with respect to different assets or types of assets in the agreement of sale. Separate computations must be made to the extent necessary …show more content…
In other words the seller remains liable for the existing mortgage. A seller may want to make use of “wrap-around mortgage” for any reason, because they can leverage a lower interest rate on the existing mortgage into a higher yield for themselves, or due to the increase in bank interest rates or the need to sell

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