Get Certificate of Trust with Real Property as Part of the Corpus

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Certificate of Trust with Real Property as Part of the CorpusThe undersigned Grantor (or Trustor) and Trustee hereby agrees to, state and represent the following: 1. The name of the Trust is (Insert
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FAQ

However, in a typical contract for deed, the buyer becomes responsible for the obligations of a mortgagor in possession, such as maintaining the property and paying property taxes and casualty insurance. In addition, unless prohibited by the contract, either party may sell his or her interest in the contract.

On a land contract, the buyer is responsible for property taxes, insurance and mortgage interest, although these will usually be paid through the seller. However, the buyer does get to deduct them from his or her taxes; the seller cannot.

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.

A land contract lets the seller enjoy a steady cash flow without the hassles of managing it as rental property, and also offers an asset or equity interest in exchange for other property.

The main advantage of a land contract is that it's fairly easy to qualify for. As long as the seller is willing to go that route, there's little need for extensive credit checks. ... A land contract is often viewed as a way to "pay down the purchase price" before obtaining a regular mortgage to buy the property outright.

Because there's no bank involved, land contract closings can happen in under a week—and without expensive closing costs. Buyers with poor or no credit can get a land contract because it's up to the seller to decide if they're creditworthy. Down payments and closing costs—if any—are much smaller than with a mortgage.

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.

However, in a typical contract for deed, the buyer becomes responsible for the obligations of a mortgagor in possession, such as maintaining the property and paying property taxes and casualty insurance. In addition, unless prohibited by the contract, either party may sell his or her interest in the contract.

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.