Minimizing Family Taxes on the Disposition of a Commercial Building with Virtually a Zero Cost Basis
A family was about to sell a commercial building that they had owned for over 40 years. The sales price was in excess of $4 million, and the basis was virtually zero due to the extended period of ownership. As a result, virtually the entire sales price was going to be taxed. (The potential tax liability exceeded $2 million in federal and state taxes).
The family wanted to minimize the tax implications, but also wanted to reproduce the income that they had been receiving from the building. They were also not interested in owning more real estate in which they would have to take an active management role, and, for that reason, they had already ruled out a 1031 exchange.
After reviewing a variety of alternatives with the family, they agreed to the top recommendation – a 1031 exchange into a portfolio of passively owned real estate. Using this approach, we were able to avoid immediate taxation on the transaction while maintaining the income stream that was so important to the family. Rather than owning a single commercial property, the family then owned fractional interests in eight different properties around the country (multifamily, healthcare, specialty retail, industrial).
We were able to assist the family in achieving all of its goals by utilizing a solution that they did not know existed. It diversified their holdings geographically and by property type. Importantly, the interests were passive interests requiring no active management on the part of the family. Moreover, the ownership preserved the ability to achieve a step-up cost basis at death, accomplishing an important, but unstated, goal for the family.