Lease Optioning To A Non-profit
I originally posted this on the tax forum without much success
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I would like to lease option a property to a non-profit.
To make the lease option payments affordable to the non-profit, I would like to take advantage of the non-profit's tax status so as to not pay property taxes.
However, I cannot deed the property to the non-profit, because I need to open and maintain an HELOC on the property before the option is exercised.
Does anybody know of a way to structure a lease option style deal that would let you take advantage of the tax status of your lessee, yet be able to keep control over a property and (re)finance easily?
1 suggestion has been using a holding LLC with 1% shares held by non-profit, 99% held by me. Not sure yet what the ramifications of that would be.
Your input is mightily appreciated.
TIA.
I am not sure how to do this, but I am not sure the LLC theory would work. As I think the LLC would have to have a non-profit status.
Why can't you refianance, take your money out you need to and the quit-claim it over the the Non-profit. It shouldn't disturb your DOS clauses, but you wouldn't be able to keep a HELOC open, just do a loan instead.
How long of a lease period before the option are you trying to do?
Thanks for the response.
The option would be available after 5 years.
The property has about 700k in equity, which I want to use to invest in other properties -- which I don't have lined up yet, so I don't want to refinance and just pay interest.
How about using a benefical interest in a land trust?
Well as I stated before, I am not a tax expert, but unless the entity that owns the property is tax-exempt I don't know of a way to not pay property taxes. I have two properties leased out to N.P.'s and would like to hear anyone else's answer on this also.
You are basically in the position of a landlord right now and you are leasing that property out at a profit right now I would guess, so it would be hard to classify yourself as property tax exempt, while still holding enough control over the property to get a loan.
Isn't your lease payment covering your property taxes anyway?
Well, actually I wouldn't be making a profit on the lease payments. Nonetheless, I'm not a non-profit so it would be hard to argue... The lease is still in negotiation, adding in property taxes makes it hard for them to afford the property... Its essentially a sale-lease back, so I actually have to make this work...
Will keep you posted if I come across something...
Just grasping at straws here, but wouldn't a CFD work? A CFD grants equitable possession and it could state that the nonprofit is responsible for taxes and insurance. If recorded, I don't see why that wouldn't work. Have it where the nonprofit must cash out in five years.
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That's interesting -- can I refinance or have HELOCs with a CFD?
I think you can, since you will still have the Deed. Or do a wraparound. An equity share agreement might also work. I'm not certain about any of this--just trying to think outside of the box.
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Well how about buy it and then be VERY, VERY slow in recording your deed.
My question would be, where are you going to come up with the money to pay off the $700K equity when you buy sell it for $500K they are going to want a clear title.[ Edited by dnvrkid on Date 11/24/2004 ]
a t/b will buy a home without the land. some people have tried the "loan" system with little to no luck and there are few options left for them and a l/o is one.....
what is a t/b (excuse the ignorance)
It means Tenant/Buyer. Don't feel bad; I once asked someone what IMHO meant. *blush*
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Well, since you bring it up and I seem to be having a brain fart at the moment. What does IMHO mean?
In my humble opinion.
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I will lease option one of my single family homes in a heartbeat, but I would never lease option manufactured housing.
The reason? REPAIR COSTS.
Manufactured housing, simply put, just doesn't hold up as well as so-called "stick built" housing. You have things like windows separating from walls, weak roofs, etc. Remember, when you have a L/O, the "L" part (the lease) means you are on the hook for repairs.
I'd do a "Lonnie Deal" instead on a mobile home, i.e. buy the home cheap, and sell it to them on payments. That way, when they call you at 4 pm on Thanksgiving to tell you their toilets are hopelessly backed up, you can tell them that they are homeowners not renters anymore, and THEY should find a plumber who works on holidays.