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The vendor can only defer a portion of the Capital Gains taxes if he takes a vendor take back mortgage. How does this work?

Well, you can elect to defer the taxes on the ratio of the portion monies collected to the total capital gains over a maximum of 5 years with 20% of the profit in each year.

Lets walk through an example. Say you bought a property for $100,000. This property was not your primary principal residence and hence you have to pay taxes on the capital gains. You sell the property for $250,000. You take back a mortgage of $150,000 repayable in 10 annual payments of $15,000 each

So in summary:

Cost is                                     $ 100,000
Selling Price is                         $ 250,000
Capital Gain is                         $ 150,000
Initial Proceeds are                 $ 100,000
Vendor Take Back                    $ 150,000
1/5 of Capital Gain is               $ 30,000
Annual Payment is                   $ 15,000

The amount of capital gains you can defer and have to take into income in each of the years is as follows:

In the year when you sell you can defer Lower of:

a) $150,0000  /  250,000  x  150,000          = $90,000
       
  VTB  /  Total Proceeds                               Capital Gain
       
b) $150,000 (Capital Gain)  x  80%             = $120,000

Therefore in year one, the vendor's deferral will be $ 90,000 and he has to report $60,000 in capital gain (only ½ of this is taxable).

 

In year 2 the deferral shall be the lower of

a) $135,0000  /  250,000  x  150,000           = $81,000
       
  VTB / Total Proceeds  Capital Gain
       
b) $150,000 (Capital Gain)  x  60%              = $90,000

In year 2 the vendor has to report $9,000 ($90,000 Balance to report - $81,000)

 

In year 3 the vendor has to report

a) $120,0000  /  250,000  x 1 50,000           = $72,000
       
  VTB  /  Total Proceeds  Capital Gain
       
b) $150,000 (Capital Gain)  x  40%              = $60,000

In year 3 the vendor has to report $21,000 ($81,000 - $60,000)

 

In year 4

a) $105,0000  /  250,000  x  150,000            = $63,000
       
  VTB / Total Proceeds  Capital Gain
       
b) $150,000 (Capital Gain)  x  20%               = $30,000

In year 4 and 5 the vendor has to report $30,000 in each of the years
 
 

Don R. Campbell - President

Canadian-based real estate investor, researcher, author and educator. Who the media comes to for Unbiased Real Estate Research.

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