Taxation Of A Lease Purchase Agreement

An option agreement grants the owner of the tenant option the right to purchase the property at an agreed price during the term of the tenancy or any other fixed term, also known as an “option period,” in exchange for a tax paid to the seller, called an “option tax.” I graduated from Cal Poly Pomona with a degree in finance and held an active broker`s license for over 30 years. I also had an accounting and tax practice for ten years. I am an expert on all matters relating to mortgages, accounting, small business and taxes and investments. In the future, investment risk will not focus on a tenant`s likelihood of insolvency within 12 to 18 months, which is the general time frame for a business loan. The concern is what is the probability of the lease being executed over its lifetime, which can be 10 years or more. Most companies, which rely heavily on real estate in their day-to-day operations, prefer leasing for the management of their real estate sites. Among the many reasons for this preference are the cost of capital and the flexibility of companies. A rental agreement requiring the tenant to make substantial improvements can also confirm a sale. As with excessive rents, the theory is that the tenant can only recoup his investment by exercising the option. A lease agreement is an agreement whereby a party signs a lease agreement with an “option” for the purchase of the property until a certain time at a certain price.

Sometimes the party who rents the property gives a prepayment to the owner of the property in “return” for the option. During the option period, the party paying the lease is not the owner. The party receiving the lease payments is still the owner. The tax treatment of both the party making the lease payments and the party receiving the lease payments depends on the facts of the transaction. A lease with an option to purchase can offer strategic value to both buyers and sellers, but you must be careful to avoid irS re-characterization. An expert can help you fix the payments and option price on market values to increase the chances of survival. To determine whether a transaction is an option lease or sale, the IRS considers the “economic reality.” If z.B. the circumstances in which the agreement is executed indicate that the buyer is likely to exercise the option, this may be considered a sale. If the IRS redefines the lease as a sale, the seller may not have the money to pay capital gains taxes, or the timing of the sale may not be beneficial to the seller – all the reason for the option.