Legal Question in Real Estate Law in Oregon
I have had to sell personal real estate to use proceeds from sale to help my business survive. However, when I do that I am "straddled' with capital gains tax personally. Is there a legal way I can transfer or sell my personal real estate to the corporation who could then use the proceeds to survive and also bear the burden of the tax consequence rather than me personally. Can this be done successfully with a Contract of sale recorded with the county?
Asked on 3/02/10, 9:34 am
1 Answer from Attorneys
Daniel Meek
Daniel W. Meek
Why would you realize a capital gain? Why would the corporation pay more for the real estate that you did? In today's market, it may well be worth less than you paid for it.
To be enforceable, all real estate contracts must be recorded with the county.
Answered on 3/07/10, 2:27 pm