Dairy Farmer Posted June 19, 2024 Posted June 19, 2024 I recently took a class where we were told repeatedly, "if you sell your family farm, you can put that money in a trust or self-directed IRA and Roth IRA to avoid paying capital gains tax. Today I started calling around and was told we would have to pay capital gains taxes unless we do a 1031 exchange. We can't buy a like property and live in it if we do a 1031 exchange. So that's out. We were told to let the trust own the house and pay for everything out of the trust. So, what IS a way we can avoid paying so much in capital gains? The farm's been in the family over 200 years, the tax base is only $1000 but we should profit about $3M on the sale. It's now in an S-Corp and will be divided between all the siblings. It's so frustrating trying to get the same answer twice.
Popular Post Paul I Posted June 19, 2024 Popular Post Posted June 19, 2024 I suggest you hire a tax accountant who is well-versed in 1031 exchanges to work with you. Your frustration is not surprising. These exchanges have many, many rules upon rules and each rule seems to have several exceptions. Someone who has expertise and experience will ask about all of the facts and details about the farm, the sale, the S-corp, your goals, your siblings' goals and more. With that information in hand, they can lay out a path forward and explain in detail to you and all other stakeholders before taking any steps. Typically retirement plans and IRAs are not involved in these exchanges because distributions from these vehicles are subject to ordinary income taxes (unless Roth amounts are involved on which ordinary income taxes were already paid). May you treasure the heritage of a 200+ year old family farm, and good luck to you and all of the siblings! Lou S., ratherbereading, acm_acm and 2 others 5
Lou S. Posted June 19, 2024 Posted June 19, 2024 Definitely not my area of expertise but if the farm has been in the family for 200 years, wouldn't there have been some step-up in basis along the way as prior owners passed on and left their sharers or interest to future generations? It sounds like you need a good tax accountant who is well versed in family business transfer and sale and that's not really the focus of this board. On the bright side, long term capital gains tax rates are much lower than ordinary income taxes, at least at the federal level, state taxation may vary from state to state quite a bit. acm_acm and Luke Bailey 2
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