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The seller as landlord The seller also gets to deduct those costs, as well as any mortgage interest, on his or her tax returns. On a land contract, the buyer is responsible for property taxes, insurance and mortgage interest, although these will usually be paid through the seller.
Seller Tax Benefits The IRS allows contract for deed home sellers to control how their capital gains is reported. Additionally, any interest income you receive from your contract for deed buyer can be declared as ordinary income. You report your contract for deed installment sale income annually to the IRS.
Under a contract for deed arrangement, the seller retains the title to the property until the buyer completes all payments. Nevertheless, the buyer is responsible for paying real estate taxes on the property, even though the tax is assessed against the seller.
The major tax benefit to a seller is that it's an installment sale for tax purposes. As an installment sale, the seller pays any capital gains taxes over the contract's length, not all at once. Also, interest income earned by sellers in land contract sales is taxed at ordinary income rates.
The IRS does allow you to deduct the interest portion of the payments you make under a contract for deed from your income taxes if you itemize deductions. You can also deduct any real estate taxes you pay, just as with a mortgage.
The Difference Between Renting to Own and a Contract for Deed. Renting to own usually means renting now, with an option to buy later. When you make this kind of deal, you are still a tenant, and the seller is still a landlord, until the final purchase. A contract for deed is very different.
One disadvantage of a contract for deed to the seller is that clearing the title may take time and money if the buyer defaults on the contract, according to Real Town. In addition, the seller can immediately foreclose on the property if the buyer defaults, and the buyer has no recourse against the seller.
A seller using a contract for deed doesn't have that option, unless you agree to include that clause in your contract. Other benefits include: no loan qualifying, low or flexible down payment, favorable interest rates and flexible terms, and a quicker settlement.
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