Jump to content
ATX Community

Land Trust


Randall

Recommended Posts

Is a land trust any different than another trust, just a trust holding land?  Client is holding personal residence in a 'land trust'.  He is asking questions about gain on sale when and if it happens.  I'm thinking that if it's a revocable (grantor) trust, then it is treated as if he owns it and will get the gain exlusion.

Link to comment
Share on other sites

"Land trusts are not “trusts” in the legal sense. Some, in fact, refer to themselves by other names such as conservancies, foundations, or associations. Land trusts accept donations of properties, buy land, or help landowners establish legal restrictions that limit harmful use and development."

You may need to ask more questions?

  • Like 1
Link to comment
Share on other sites

43 minutes ago, Lee B said:

"Land trusts are not “trusts” in the legal sense. Some, in fact, refer to themselves by other names such as conservancies, foundations, or associations. Land trusts accept donations of properties, buy land, or help landowners establish legal restrictions that limit harmful use and development."

You may need to ask more questions?

Interesting.  I guess my client doesn't really have a land trust.  He's putting his personal residence in this.  I'll have to get his document before I can answer his tax question.

Link to comment
Share on other sites

I found my own answer.  IRC 671 and Reg §1.121-1(c)(3).

Incidentally, I asked an attorney in my building if ‘Land Trust’ was a legal term or just a common phrase. He said it was just a common phrase.

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...