What Type of Assets Can Be Sold Using a Deferred Sales Trust


I’m Brett Swarts, founder of Capital Gains Tax Solutions. We use the Deferred Sales Trust to help you or your clients escape feeling trapped by capital gains tax. In this video, we’re going to cover what type of assets can be sold and use the Deferred Sales Trust to defer capital gains taxes. 

The Deferred Sales Trust works for just about any highly appreciated asset. The number one we find is businesses. Businesses will be the top asset to sell. Number two would be Primary Homes. Number three would be a Commercial Real Estate Property. But this also works for carried interest. It also works for captive insurance. It also works for insurance policies that might have some capital gains tax when you sell works for private stock, public stock, artwork, collectibles. Just about any highly appreciated asset, the Deferred Sales Trust works for. By the way, why does it work like that? The installment sale, IRC 453, which is the foundation of the structure doesn’t have any like kind of rules, it does have rules for how and where the funds can be invested once you do carry back and you need to have a business purpose. It needs to be an investment, not something you can put into like a primary home. As long as you’re following those rules, the integrity of the Deferred Sales Trust stays in place. Again, it works for just about any highly appreciated asset. Now, it’s very important to make sure that you do set this Deferred Sales Trust up prior to closing, that’s very important is also prior to the buyers, who are purchasing your asset going non-refundable or removing all contingencies. We want to make sure that we were able to show that the intent was to do a tax deferral strategy well before the deal has essentially been about to close or is going to close to avoid what’s called constructive receipt.

We encourage you to come early and talk with us and allow us to do a proposal for you. As always, we don’t charge anything less than if you close on the Deferred Sales Trust and decide to use it. But we will educate and work with your trusted advisors to make sure you have the language properly inside the purchase and sale agreement and or with your attorney on a merger and acquisition deal. So reach out to us. We look forward to connecting with you you can go to CapitalGainsTaxSolutions.com and book a free time with me for 15 minutes and also enter your information into the Deferred Sales Trust calculator which will give you a side by side comparison of paying the tax versus not paying the tax. Thanks so much for watching this video. Feel free to subscribe to our channel here and we look forward to connecting with you soon.




Closed Deal Story


Selling Bitcoin, Ethereum Capital Gains Tax-Deferred Using the Deferred Sales Trust


I believe that is where we’re at with cryptocurrency’s current marketplace. We closed the first Bitcoin and Ethereum case for $5 million and helped the client defer around $1.5M in capital gains tax. Now we’re getting a wave of individuals who are finding us. You might be finding us right now.

One of the biggest challenges with folks who are selling cryptocurrency is they want to be able to diversify, they want to be able to time the real estate market and or even the crypto market, they want to be able to have some liquidity, some cash flow, and so part of this vision is taking helping our clients who are in cryptocurrency, buy an investment, real estate, all tax-deferred, using the Deferred Sales Trust, also invest with Jake Mellor as the financial advisor to in a diversified investment grade security or start a business. Whatever the outcome that you want to do. Why is it that you’re investing with any type of asset? What if you could sell high, diversify, and buy back in whenever you’d like to? This is what we’ve already done and we’re doing, we’ve already proven it.

Read The Full Case Study Here



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