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What is an Installment Sale?
For a sale to be considered an installment sale, it must be a sale of
qualified property in which the taxpayer receives at least one
payment after the tax year of the sale. Each installment payment
received will consist of the following three components:
- nontaxable recovery of the investment
- taxable gain
- interest
What Should You Consider When Using an Installment
Sale?
Since an installment sale permits you to receive the payment from the
buyer in future tax years, you could be at the risk of
the buyer's default in making payments to you. In order
to reduce this risk, the installment sale can be structured so that
the payments will be funded with an annuity from a large, highly rated
life insurer like Allstate Life Insurance Company (Allstate Life).
Allstate Life will help provide the assurance that you will receive
future periodic payments.
How Can the Sale be
Structured?
If the sale of the assets qualifies as an installment
sale under IRC Section 453, heres how the process typically works:
- You enter into a sale agreement with a buyer who promises to make
payments for a stated number of years.
- The buyer assigns his payment obligations to an assignment
company.
- The assignment company purchases an annuity from Allstate Life.
- Allstate Life makes the payments to
you.
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