Legal Question in Real Estate Law in California
deed registration CA
If I have problems with the IRS and I want to buy a home with cash but not have it show as an asset, and the seller is willing to accept cash, can I make the transaction, and not record the deed until I have settled with the IRS? California.
3 Answers from Attorneys
Re: deed registration CA
Have you heard the term "tax evasion?" Taking cash that is available right now to the IRS to pay your obligation, and converting it to an asset, which you are asking if you can conceal from the IRS, so you can make a deal with them, is called Tax Evasion. You need to consult with a criminal attorney before you attempt to do this, because in my book, you are asking an attorney on this board to bless a criminal act, and none of us value our law license so little that we would tell you its okay to commit a crime. Take the money, and pay your taxes - its that simple.
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Re: deed registration CA
Mr. Gibbs is entirely correct that what you intend to do is a criminal act. But it is also stupid. Are you going to buy pass having a title report done; what wil you tell the title insurance company as to why yo do not want to record a title? They will, no matter what, report the transaction to the State Franchise Tax Board and also sent the County and City where the property is located any property transfer fees required. When you file future Federal tax returns are you going to give up taking the mortgage interest and other allowable deductions. Are you going to try to skip paying the bi-annual State property tax charge? In commiting one crime, you will need to committ many more to try to hide the first crime, which means you greatly increase the likelihood of being found out as one of the crime which will then lead to most of the other crimes. That, of course, will lead to a longer jail sentence.
Honesty is normally the best policy because it costs you less and is a lot easier, besides being morally correct.
Re: deed registration CA
Afraid no attorney can tell you how to subterfuge the IRS, it would be unethical and a violation of our rules of conduct to instruct someone on how to break the law.
What I can tell you is that using an irrevocable trust and naming someone else as trutee and someone else again as beneficiary takes it out of your dominion and control, but I would never recommend this as a course of action to evade taxes.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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