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URL:  http://boards.fool.com/and-also-am-i-right-in-the-first-place-that-the-26565587.aspx

Subject:  Re: house construction tax law Date:  4/15/2008  4:35 PM
Author:  ptheland Number:  100390 of 121219

And also am I right in the first place that the land belongs with every other construction cost on Sch C and that there is no way to take the land as a capital gain?

Yes.

Are the construction guys I talked to wrong?

Not necessarily.

If you do enough transactions - build enough houses - to justify the extra cost, you can arrange to hold the land in one entity and do the construction in another.

The entity holding the land is nothing more than a real estate speculator. That entity buys land, hoping to sell it to a builder at a later time. The entity doing the building waits until they are ready to build, then buys the land (or enters into a lease for the land).

Viola - the land-holding company gets a capital gain for the land. And the building company has ordinary income from their construction activities.

--Peter
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