Avoid Paying Capital Gains Until The Ripe Old Age of 70
How, you might ask, can I avoid paying capital gains taxes until
the ripe old age of 70? Well, this tool, which has been around
since the 1950's, is shockingly unknown to the vast majority of
Americans. Sadly, who knows how many millions of dollars have
been paid in capital gains taxes that could have been used
toward retirement, college education, medical expenses, or even
a trip around the world.
The Private Annuity Trust, (or PAT for short) is an
IRS-authorized program outlined under Section 72 of the Internal
Revenue Code, which allows a seller of property to defer capital
gains taxes at the time of the sale. There is no maximum to the
size of the transaction and the PAT can be used on any kind of
real estate transaction, whether it is your primary residence, a
vacation home, or a commercial and retail developments.
Here's a brief outline of how it works:
Let's say you sell your home for $500,000. The property owner
(known as the "Annuitant") transfers ownership of the property
to the PAT. Then, the Trust "pays" the Annuitant for the
property with a special payment contract call a "private
annuity." The form of payment is a life annuity. Then, the trust
sells the property to the buyer, getting cash for the property.
A private annuity is similar to an installment sale. However, in
this case, the private annuity promises to make payments to the
Annuitant for the rest of his life. For example, if the value of
the property is $500,000, then the face value of the annuity is
also $500,000.
The Annuitant is not taxed on the sale since he has not yet
received any cash for the sale. In fact, if the Annuitant has
other income or doesn't need the annuity payments, he or she can
choose to defer the payments until the age of 70. Of course, he
or she can also choose to start the payments immediately.
However, the payments must begin by the age of 70. As each
payment is made to the Annuitant, the calculated installment of
the capital gains is paid.
This tax-deferral strategy has many investment and financial
options, so it is important to have a very knowledgeable and
experienced financial and estate planner who can explain the
process thoroughly and will make sure you don't miss any crucial
steps. It is also important that you have a real estate agent
who is knowledgeable in this area and who can also help make
sure the transactions goes as smooth as possible. It is also
important for you to have an understanding of this strategy and
you must know the Pros and Cons before getting involved. But
remember, it's just another option.