Capital Gain After Deed Into The LLC

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We owned an investment property for one year and we are planning to deed it to the LLC we formed this year. Would this affect the capital gain tax? I mean, if we sell the property now, with the LLC owning the property for less than one year, will the capital gain tax be the maximum instead of 15%?

Comments(3)

  • fbprop17th August, 2006

    Define "we".

  • finniganps18th August, 2006

    Who owns the LLC? Is it a disregarded entity and are the owners the same after the transfer?

  • wexeter9th October, 2006

    No, if the limited liability company (LLC) is a disregarded entity. The LLC would be a disregarded entity if you are the sole member of the LLC, or if the sole members are a husband and wife who live in a community property state and file a joint income tax return. If it is a disregarded entity, then you can transfer the property into the LLC with absolutely no affect to you basis in the property.
    [addsig]

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