Well, every once in a while you have a piece of property that is actually worth something, but the old run-down building or house on top of it, makes it impossible to do anything with. Getting permits to demolish stuff can be as aggravating as getting permits to build something sometimes. Of course, if you have the blessings of some of the local municipal higher ups and a little political influence, you can make at least some headway.

Okay, with that in mind let me tell you an interesting story. Donated an old farm type house (very old) to the fire department for training, took the donation gift deduction and got a property tax deal, they burnt down the place, at least 15 times in practice. Finally there was nothing left, and the fire department tilled under all the ash. Great, got rid of the place, without demolishing permits and didn't have to haul away any junk. Good deal right?

Fire Practice

Well, here is the final score; got the commercial zoning change, the property was re-assessed and now there is no junky home on the property, so the property, well, it's suddenly worth more. No problem right, next year, higher property taxes, but gonna build on it anyway, but that is only half the issue. What other issues need to be addressed, it's a done deal right?

Ah, but now that the property is worth more creating a capital gain, so that negates the "donation gift" that was taken and deducted last year. Since it was a gain and no longer a gift, which in reality is true, the gift was made in order to gain. It's just unfortunate, would have been nice to have the cake and eat it too!

 

8 Comments on Donate the House on Your Property to the Fire Department - But there Might be Tax Consequences!

FEB
23
2008
This is a good point - did this actually had to you or your client?  What happens when you redevelop the land?  I love posts that make me think about the different angles to a deal.  Thanks Lance
6:09am • #1
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Oh, hell, I bet I could fill up this blog with all kinds of wierd stories over the years. The longer I do this, the more it seems that there is "no such thing" as a straight, black and white deal. Everything gets all convoluted, and that's before you bring in all the lawyers, accountants, agents, regulators, etc. That is not to say that I have not done deals that were pretty straight forward, but they seem to be far and few between. Sometimes the stories behind the properties are as much fun as making it all work. Vincent, I guess you can just chock this one up for "coffee shop" conversation for now, let's see how all this pans out? When its all done, the property will be paying for itself with a nice little automotive related business on it, until the property, comes back into a toppy market, then it gets sold most likely, unless the auto business on top is booking in 180% of projected. There is always some way to make a deal work, you sometimes have to think a few extra moves ahead and say, the hell with the market, I'm here to win!

6:33am • #2
483,275 Points 41 Featured Posts Localism Sponsor Outside Blog Hit Router

Lance-this is one of those stories that really needs a lot more detail to make sense.  The only capital gain that might come about is when the owners go to sell the property.  You only mention that they plan to build on the property not that they SOLD the property.  So where does the capital gain issue come into play?

6:55am • #3
2 Featured Posts
Cindy, Yes, I would need to explain it more fully, but this is a public blog post. I did not declare a "they" and did not explain how "I" fit into it, indeed that was intentional also. Lance
7:23am • #4
486,358 Points 1 Featured Post Outside Blog Hit Router

Lance

If that is not a bummer.

Sincerely

Tom Braatz

7:50am • #5
Localism Sponsor
Lance - It is weird how what seems simple at first, gets complicated very quickly.  I can also think of a few that are stranger than strange.  Sometimes this happens because the rules change in the process, so you can never be to careful.
7:55am • #6
104,117 Points 5 Featured Posts Outside Blog
It's like playing chess: to be successful, you must think many moves ahead.
8:13am • #7

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Lance Winslow

Malibu, CA

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The Car Wash Guy

Address: 74-478 Hwy 111, Palm Desert, CA, 92260

Office Phone: (800) 879-8783 x 111

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Mr. Winslow uses the Active Rain Real Estate Industry Blog, to discuss issues that affect the Real Estate sector of our economy. His dialogues include such things as; droughts, subprime lending fallout, building materials, living off the grid, sales ethics, commercial property, crime, revitalizing downtowns, economic development, community volunteerism, and predicting the future of the real estate markets in the United States.


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