Legal Question in Real Estate Law in Florida

Refinance

We are looking to refinance our commercial property (hotel). Will we be able to invest the cash out in a foreign country without paying capital gains tax?

Thank you.


Asked on 4/07/05, 11:21 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Refinance

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can refinance and invest the proceeds without any concerns. There are not any taxable consequences unless and until you sell the property at which time you will have to deal with taxes on the profit. You can delay the tax consequences by buying another property through a 1031 exchange which defers the payment of taxes.

I strongly suggest that you consult with a real estate attorney to answer all of your questions regarding this situation.

Scott R. Jay, Esq., 305-249-8000

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Answered on 4/07/05, 12:27 pm


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