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Tax Strategies for Selling Your Company by David Boatwright and Agnes Gesiko Latham & Watkins LLP
Tax Strategies For Selling Your Company By David Boatwright and Agnes Gesiko Latham & Watkins LLP The tax consequences of an asset sale by an entity can be very different than the consequences of a sale of the outstanding equity interests in the entity, and the use of buyer equity interests as acquisition currency may produce very different tax consequences than the use of cash or other property. This article explores certain of those differences and sets forth related strategies for maximizing the seller’s after-tax cash flow from a sale transaction. Taxes on the Sale of a Business The tax law presumes that gain or loss results upon the sale or exchange of property. This gain or loss must be reported on a tax return, unless a specific exception set forth in the Internal Revenue Code (the “Code”) or the Treasury Department’s income tax regulations provide otherwise. When a transaction is taxable under applicable principles of income tax law, the seller’s taxable gain is determined by the following formula: the “amount realized” over the “adjusted tax basis” of the assets sold equals “taxable gain.” If the adjusted tax basis exceeds the amount realized, the seller has a “tax loss.” The amount realized is the amount paid by the buyer, including any debt assumed by the buyer. The adjusted tax basis of each asset sold is generally the amount originally paid for the asset, plus amounts expended to improve the asset (which were not deducted when paid), less depreciation or amortization deductions (if any) previously allowable with respect to the asset. -
The Length of a Title Search in Tg Youdan
THE LENGTH OF A TITLE SEARCH IN NTARI T.G. YOUDAN* Toronto This article deals with the statutory provisions which in the Ontario registry system regulate the length of a vendor's chain of title and which in some cases extinguish claims against the land. The main focus of the article is analysis of newprovisions on the topic which were introduced in 1981 . However, in order to place these provisions in context the author outlines the history - of relevant conveyancing law andpractice in both England and Ontario, and he reviews the effect ofprevious legislation on the same topic. Il s'agit dans cet article des dispositions législatives qui réglementent, dans le système d'enregistrement de l'Ontario, la longueur de la chaîne des titres d'un vendeur et qui, dans certains cas, amène l'extinction du droit à un bien-fonds. L'auteurs'intéresse particulièrement à l'analyse des nouvelles dispositions apportées dans ce domaine en 1981 . Pour replacer ces dispositions dans leur contexte, 1986 CanLIIDocs 62 l'auteur fait, à grands traits, l'histoire du droit des transferts et de la pratique qui s'y rapporte en Angleterre et en Ontario etpasse brièvement en revue l'effet de la législation antérieure dans ce domaine. Introduction In 1981 a new Part III of the Ontario Registry Act was enacted. I It . deals with proof of title by a vendor of land and determines the appropriate length of a search; it also has corresponding provisions which extinguish claims against land on the ground of their. antiquity. This is a topic of great importance, and the new provisions were clently intended to make major changes in conveyancing law and practice. -
Guide to Completing the Loan Estimate (LE)
Guide to Completing the Loan Estimate (LE) NOTE: This Guide is provided to help brokers complete the Loan Estimate form for loans that will be submitted to T.J. Financial, Inc., therefore may only refer to products offered by T.J. Financial, Inc. The information contained in this Guide is intended for use by T.J. Financial, Inc. clients only and should not be distributed to or used by consumers or other third-parties. Recipients of this Guide should consult with their compliance or legal counsel as to the specifics of the final rule. Nothing herein should be construed as legal advice and may not be relied upon as such. T.J. Financial, Inc. shall not be held liable, in any way, for any damages incurred by any person or business as a result of this Guide. LE PAGE 1 1 2 1 LETTERHEAD/ HEADER – Please leave blank or complete with TJ’s information as shown above. Should not disclose broker’s information. DATE ISSUED – Date LE is mailed or delivered to the borrower. APPLICANTS – Name and mailing address of all borrowers applying for the loan. An additional page may be added if space is insufficient to list all. PROPERTY – Full address of subject property. Zip code required. Additional page may not be added if space is insufficient. SALE PRICE – If loan is purchase money, use sales price. Otherwise, use estimated value or appraised value for refinance. LOAN TERM – Reflect in whole years. (ie: 15 years, 30 years) PURPOSE – Purchase or Refinance PRODUCT – Fixed Rate or Adjustable Rate. Adjustable Rate must disclose duration of introductory rate or payment period and the first adjustment period, as applicable. -
Closing Costs and Other Fees
CHAPTER 5 LOAN CLOSING AND INSURANCE 5-1 LOAN CLOSING. The conditions of the DE lender’s approval (FHA's commitment if applicable) should be discussed with the borrower and, if applicable, the seller or builder. A. Title Insurance. Title insurance is not required at closing. However, the lender is responsible for conveying good, marketable title to FHA when a claim is filed. The one exception to this involves property that previously had been sold by HUD (REO sale) and FHA has insured the mortgage financing the sale by HUD. If such a property had a title defect prior to the original conveyance to FHA, the lender will not be held responsible for any title defects arising prior to the sale by FHA. See 24 CFR 203.390 for additional information. B. Title Objections. Any additional exceptions discovered during the title search should be reported to the DE underwriter before the loan is closed, unless the exceptions are covered by the General Waiver. Lenders should ensure that any conditions of title to the property will be acceptable to FHA. FHA regulations at 24 CFR 203.389 state that FHA will not object to title because of common customary easements, restrictions, and encroachments and provides a general waiver for these title conditions. These include easements for public utilities, party walls, driveways, wooden or wire fences and for other similar purposes. Lenders should review 24 CFR 203.389 for a full description of the general waiver provisions. Other title matters not covered by this general waiver must be reviewed by the lender. -
CHFA Form 381: CHFA Homeaccess Second Mortgage Loan Estimate
Save this Loan Estimate to compare with your Closing Disclosure. Loan Estimate LOAN TERM 30 years PURPOSE Purchase DATE ISSUED PRODUCT 5 Year Interest Only, 5/3 Adjustable Rate APPLICANTS LOAN TYPE Conventional FHA VA _____________ LOAN ID # 1330172608 RATE LOCK NO YES, until PROPERTY Before closing, your interest rate, points, and lender credits can change unless you lock the interest rate. All other estimated closing costs expire on Sales Price Loan Terms Can this amount increase after closing? Loan Amount Interest Rate Monthly Principal & Interest See Projected Payments below for your Estimated Total Monthly Payment Does the loan have these features? Prepayment Penalty Balloon Payment Projected Payments Payment Calculation Principal & Interest Mortgage Insurance Estimated Escrow Amount can increase over time Estimated Total Monthly Payment This estimate includes In escrow? Property Taxes Estimated Taxes, Insurance & Assessments Homeowner’s Insurance Amount can increase over time Other: See Section G on page 2 for escrowed property costs. You must pay for other property costs separately. Costs at Closing Estimated Closing Costs Includes in Loan Costs + in Other Costs – in Lender Credits. See page 2 for details. Estimated Cash to Close Includes Closing Costs. See Calculating Cash to Close on page 2 for details. Visit for general information and tools. LOAN ESTIMATE PAGE 1 OF 3 • LOAN ID # 1330172608 Closing Cost Details Loan Costs Other Costs A. Origination Charges E. Taxes and Other Government Fees % of Loan Amount (Points) Recording Fees and Other Taxes Desk Review Fee $150 es Loan Origination Fee $1,000 F. Prepaids Processing Fee $300 Rate Lock Fee $525 Homeowner’s Insurance Premium ( months) Underwriting Fee $675 Mortgage Insurance Premium ( months) Verification Fee $200 Prepaid Interest ( per day for days @ ) Property Taxes ( months) G. -
REVIEWING the TITLE SEARCH by Joseph E. Seagle, Esq. [email protected] INTRODUCTION Before One Can Discuss What a Title Agent Or
REVIEWING THE TITLE SEARCH By Joseph E. Seagle, Esq. [email protected] INTRODUCTION Before one can discuss what a title agent or examiner should or must review in the course of searching the chain of title, it is necessary to understand the basics and history of title examination. The Basics In Florida, it is common for title agents to receive either Title Search Reports or pro forma title insurance commitments from an examiner. The examiner may be an independent contractor, an employee of the title agency, or an employee of the title underwriter that will ultimately insure the title to be conveyed or mortgaged. In other instances, the title attorney or agent may conduct a personal search of the Public Records of the county where the real property to be insured is located. Examples of a title search report, pro forma commitment and raw title search are included in the appendix to this chapter. We will discuss all three methods of receiving the title information, and focus on the personal search method so that the agent may gain an understanding of the process the examiner will use to provide the end title information product. A History Lesson Prior to 1963, when the Florida legislature passed the Marketable Record Title Act (the “MRTA”), which will be discussed in more detail by Mr. Horak in another section of this manuscript, the examiner was required to search and abstract the insured property’s chain of title back to the beginning. This could require the examiner to search to find a land patent from the United States Government, a deed from the state of Florida, the Board of Trustees of the Internal Improvement Trust Fund, or a land grant from the King of Spain or the King of England. -
How to Buy Title Insurance In
How to Buy Title Insurance in [Insert State] This guide: • Covers the basics of title insurance. • Explains the need for title insurance. • Offers tips to shop for title insurance and closing services. • Gives you questions you should ask before you buy title insurance. [Name] [DOI Logo] [Superintendent of Insurance] [DOI Website Address] Drafting Note: This template has been developed for state departments of insurance who are interested in providing a consumer education publication regarding title insurance. The template was developed as a comprehensive guide that can be edited/personalized to meet the individual needs of a state. DRAFT: 3-23-215-25-21 1 Table of Contents Introduction Page 3 Buying or Refinancing a Property Page 3 What is Title Insurance, and What Does it Cover? Page 4 Two Types of Title Insurance—Owner’s and Lender’s Policies Page 4 What Doesn’t Title Insurance Cover? Page 4 Who Sells Title Insurance? Page 5 The Right to Choose Your Own Title Agent/Company Page 5 Who Pays for Title Insurance? Page 5 What Does Title Insurance Cost? Page 6 Ask if You’re Eligible for Discounts Page 6 The Difference Between Title and Homeowners Insurance Page 6 Questions to Ask Before You Buy Title Insurance Page 6 The Real Estate Closing Page 7 Closing Agents Page 8 Questions to Ask When You Choose a Closing Agent Page 8 Closing Protection Page 8 Shop Around for Title Insurance and Closing Services Page 8 Cost Comparison Chart Page 9 Final Tips to Remember Page 10 How to File a Title Insurance Claim Page 10 The [INSERT DOI NAME] is Here to Help Page 10 Other Resources Available Page 11 Disclaimer: The information included in this publication is meant to serve as a guide and is not a substitute for legal or professional advice. -
TITLE STANDARDS October 10, 2019 10305 ICLE: State Bar Series
TITLE STANDARDS October 10, 2019 10305 ICLE: State Bar Series Thursday, October 10, 2019 TITLE STANDARDS 6 CLE Hours Including 1 Ethics Hour | 1 Professionalism Hour Copyright © 2019 by the Institute of Continuing Legal Education of the State Bar of Georgia. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical photocopying, recording, or otherwise, without the prior written permission of ICLE. The Institute of Continuing Legal Education’s publications are intended to provide current and accurate information on designated subject matter. They are off ered as an aid to practicing attorneys to help them maintain professional competence with the understanding that the publisher is not rendering legal, accounting, or other professional advice. Attorneys should not rely solely on ICLE publications. Attorneys should research original and current sources of authority and take any other measures that are necessary and appropriate to ensure that they are in compliance with the pertinent rules of professional conduct for their jurisdiction. ICLE gratefully acknowledges the eff orts of the faculty in the preparation of this publication and the presentation of information on their designated subjects at the seminar. The opinions expressed by the faculty in their papers and presentations are their own and do not necessarily refl ect the opinions of the Institute of Continuing Legal Education, its offi cers, or employees. The faculty is not engaged in rendering legal or other professional advice and this publication is not a substitute for the advice of an attorney. -
Mortgage Refi Closing Costs
Mortgage Refi Closing Costs Supersubtle Gabe suspect or staving some Eisenhower deservedly, however woodsy Raul azures yarely or iniquitouslyamate. Unslain and Ulrickedgeways, always she litigating knee her his commutersroo if Winifield pardi is overhastily.ireful or overturing creakily. Chalcedonic Ellis respite So can allow you finance at a mortgage refi closing costs and conditions of refi. Refinance closing costs typically include application fees origination fees document preparation fees appraisal fees prepayment penalty for title examination. What Are Closing Costs and Fees Freedom Mortgage. Lower your monthly payment Learn too about debt of Texas mortgage refinancing today. FHA Streamline refinancing helps lower commercial mortgage payments on your existing FHA loan Streamline refinancing is one fill the simplest loan applications. Is knowledge worth refinancing for 05 percent Mortgage Rates Mortgage. That arise out how the costs mortgage closing on this in connecticut, and prices have stricter or to amend returns. When done use permit no closing cost mortgage you still erode the fees Instead of paying these fees upfront in which lump because they are added to your moment in the turmoil of. Is charity worth refinancing for 1 percent? It's got free to refinance at Miller Lending We're represent Original Home of himself No Closing Cost less That fit when rates drop you win. Both shorten your refi closing date the refi. If they want us a refi closing costs mortgage brokers as getting a refi. Cash out refinance pros and cons CNN Underscored. At any fees are fixed mortgage to refi we can i can save over the new loan and use information in taxation, document will i refi closing costs include reissue a retirement? Alright but what mortgage refi closing costs! Mortgage refinance cost calculator How much does stripe cost. -
Closing Costs Normally Associated with an Interest Rate Reduction
Department of Veterans Affairs VA Regional Loan Center Closing costs normally associated 3333 North Central Avenue with an Interest Rate Reduction Phoenix, AZ 85012 Refinance Loan (IRRRL) Toll-free number: 1-888-869-0194 Origination Fee * Discount Points Monday through Friday Prepaid Taxes and Hazard 7:30 a.m. to 4:00 p.m. MST Insurance Title Examination Fee Phoenix RLC Website www.vba.va.gov/ro/phoenixlgy/index.htm Title Insurance Fee Flood Zone Determination Environmental Endorsements National VA Loan Guaranty Website: www.homeloans.va.gov Recording Fees INTEREST RATE Special Mailing Fees (Example: Fed-Ex or Courier Fees) REDUCTION VA Funding Fee To contact the VA Eligibility Center call 1-888-244-6711 REFINANCE *The loan origination fee is limited to Email: [email protected] 1% of the loan amount. The lender may charge this flat fee or itemize the LOANS following fees not to exceed 1%: or write to: VA Eligibility Center (IRRRLs) - Application and Processing Fees P.O. Box 20729 Winston-Salem, NC 27120 - Document Preparation Fee - Loan Closing or Settlement Fee - Notary Fees To sign up for our new Email - Interest Rate Lock-In Fee Notification Service, logon to - Tax Service Fee http://mailman.listserve.com/ listmanager/listinfo/phoenixrlc - Reconveyance Fees - Commitment or Marketing Fees - Trustee’s Fees or Charges For more information on other VA benefits call 1-800-827-1000 This is not an all exclusive list of fees and charges. If you have any April 2008 questions concerning fees and charges on a VA Loan, contact the Phoenix Regional Loan Center. -
Wealth Transfer Planning
Wealth transfer planning WEALTH TRANSFER PLANNING Familiar landscape. New opportunities. Where do you start? In contrast to the individual income tax landscape, the wealth transfer tax-planning landscape may seem very familiar. Yet the doubling of the exclusion amount provides new opportunities for individuals to move their wealth transfer plan further down GLOBALIZATION the path before these favorable provisions sunset. TAX POLICY UPDATE RESOURCES HOME MENU 3 2019 essential tax and wealth planning guide | Part 2 Wealth transfer planning Familiar landscape. New opportunities. Familiar landscape. New opportunities. Where do you start? Familiar concepts, larger scale Where do you start? Consider paying gift WEALTH TRANSFER PLANNING taxes currently Thinking outside The transfer tax system, which includes gift, estate, and generation-skipping not have an estate greater than the applicable exclusion amount, but the box transfer taxes, has been the object of extensive political debate for the last would have if they had not engaged in wealth transfer during life. While that twenty years. Yearly bills in both the Senate and the House of Representatives number is impossible to know, it is interesting to note that in 2017, more have proposed repeal of the system outright. While the political landscape than 239,000 gift tax returns were filed reporting over $74.73 billion in gifts. necessary to accomplish outright repeal never materialized, Congress has Comparatively, the gross estates reported on the 12,700 estate tax returns twice in the last ten years delivered significant transfer tax relief by increasing filed in 2017 totaled $192.1 billion. GLOBALIZATION the applicable exclusion amount—the amount each taxpayer “excludes” from transfer taxation—from $3.5 million in 2009 to $5 million in 2010, and Of concern, however, is that the estate tax exemption increase under the from $5.49 million in 2017 to $11.18 million in 2018. -
Definition of Closing Costs
DEFINITION OF CLOSING COSTS The purchase agreement will determine who pays for which fee. The following is a list of fees generally associated with a residential purchase transaction. Escrow Fee : Service fee for handling the documents and funds, transfer of the property, and disbursement of funds. Title Exam: Title company fee for performing an extensive title search of the public records and creating a chain of title or record history of the real estate. Title Commitment: A written report of the title exam. Deed Preparation: The attorney’s fee to prepare the new property deed. Owner’s Policy: Title insurance that protects the new owner against ownership problems arising from past occurrences, such as missing heirs, fraud and forgery. Loan Policy: Title insurance that protects the new loan against problems arising from past occurrences. Transfer Service Fee: Title Company fee for transferring the property at the County Auditor’s Office. Recording Fees: Recording fee paid to the county recorder for filing the new title deed, mortgage and satisfaction of seller’s mortgages. Conveyance Fee: Tax payable to the county auditor based on the sales price. Some conveyances are exempt from this fee, such as transfers between a husband and wife, of parent and child. Hold Signature Fee: Title company fee for examining the public records, after closing, to ascertain if prior liens have been released from the record so that clear title insurance policies can be issued. Sometimes this means multiple examination of the public records. Document Preparation: Lender fee for preparing the necessary loan documents. Tax Proration: Property taxes are paid in arrears.