Monetized Installment Sales Attorney in Omaha

Providing High-Quality Legal Advice to Sellers

When you sell farmland or farm commodities at a profit, the resulting gains are yours for the taking, for the most part. Unfortunately, the federal government collects taxes on the amount of the sale which exceeds the price the seller paid for it. For example, if a seller receives $1 million for a farm for which he or she initially spent $200,000 to acquire, the seller will owe taxes on the $800,000 gain.

However, there are ways to defer and avoid your immediate tax liability when it comes to selling farmland and farm commodities. If you are selling farmland or farm commodities, you stand to benefit from the professional advice of a knowledgeable Omaha real estate lawyer with experience in monetized tax-deferred installment sales. At Carlson & Burnett, we proudly represent our clients in a variety of real estate matters, including farmland and commodities sales. When it comes to monetized installment sales, you will significantly benefit from the experience of Attorney Darren Carlson, who has published articles and given lectures on the topic.

For more information, call us at (402) 810-8611 and make an appointment with one of our capable attorneys today.

What Is a Monetized Installment Sale?

The purchaser of farmland pays unto a “financial intermediary” of real property 100% of the purchase price. The seller receives a loan for 95% of the sales immediately by using the cash held by the financial intermediary as collateral. Thus, the seller gets 95% of the sales price in cash at time of initial closing but will not pay income tax until the installment sale concludes in typically 20 or 30 years! The tax deferral of 20 or 30 years on the sale of farmland is a huge tax savings!

Section 453 of the Internal Revenue Code expressly states that property may be sold in an “installment sale,” where at least one payment is to be received after the close of the taxable year in which the disposition occurs.

A monetized installment sale gives the seller the benefit of getting 95% of the purchase price of the sale up front in liquid cash in the form of a loan while enjoying the tax advantages of a deferred installment sale. This is essentially accomplished by taking out a loan that is secured by the purchaser’s cash that is held by the third party financial intermediary. The seller’s obligation to make periodic interest payments on the loan is partially offset by interest payments received from the purchaser through a third party intermediary.

Leave the Technical and Legal Details to Carlson & Burnett

The IRS has approved monetized installment sales as a legal way to defer taxes so long as all components of the transaction are structured according to IRS standards.

At Carlson & Burnett we will take care of structuring the transaction and ensuring the necessary documents are in order, such as:

  • Installment Sale Agreement
  • Closing Statement
  • Assignment and Assumption of Nonnegotiable Promissory Note
  • Standby Letter of Credit
  • Loan Agreements
  • Pledge Agreements

Save Significant Taxes with Our Omaha Monetized Installment Sale Attorney

Monetized installment sale transactions for farmland and farm commodities can be complicated, requiring specific documents with precise contractual provisions. However, the benefits of monetizing an installment sale transaction are undeniable. If you are interested in monetizing an installment sale of farmland or farm commodities, you should consult an experienced Omaha real estate attorney from Carlson & Burnett. Our legal team, led by Attorney Darren Carlson, has a sophisticated understanding of the legal and financial documentation involved in structuring an effective monetized installment sale.

Contact Carlson & Burnett online to arrange a consultation regarding the pros and cons of your case today.




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