UPREIT transactions, (umbrella partnership REIT), provide a tax-deferred exit strategy for owners of real estate who might otherwise recognise a significant taxable gain in a cash sale of a highly
appreciated property with a low tax basis.
For instance, if a taxpayer contributes substantially
appreciated property, and later reacquires it from the charity under a prearrangement, or if the charity sells the
appreciated property and uses the proceeds to purchase other property from the taxpayer under a similar arrangement, the taxpayer recognizes gain on the contribution.
Cash donations are limited to 50% of AGI, while donations of
appreciated property usually are limited to 30% (with the exception of donations of conservation easements, explained below).
This election may be beneficial if 30% of the deceased taxpayer's AGI in the year of death is less than the charitable contribution of
appreciated property and a portion of the charitable contribution would remain unused and unable to be carried forward to future tax years.
The corporation had thus disposed of the
appreciated property it formerly held and had acquired its own stock, permanently avoiding recognizing gain on the
appreciated property.
Appreciated property, like stock or real estate that is gifted to others carries with it the cost basis of the giftor.
Under the right circumstances use of such a trust offers multiple tax and nontax advantages, particularly to the individual who owns substantially
appreciated property.
In the tax area, IREM will work with National Association of Realtors (NAR) to retain current capital gains rules as they apply to
appreciated property, like-kind exchanges and carried interest, in particular by keeping capital gains tax rates at the existing 15 percent while suspending passive loss rules.
Or you can give
appreciated property to the Foundation without being taxed on the appreciation.
You can sell
appreciated property with no capital gains tax.
The donor transfers cash or
appreciated property to the charity, and in return the charity makes an unsecured promise to pay an annuity to the donor or another designated annuitant.
If you give
appreciated property to charity, in many cases you will get to deduct the full market value.