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Browsing articles in "Residential Leasing"
Aug 10, 2010
Maral Nakashian
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Save Some Tax on Lease Terminations

Did you know that not all lease related income has to be ordinary?  One would always expect that a payment from a tenant to a landlord would be treated as ordinary income under the Internal Revenue Code.  Until 1997, that would have been the IRS’ expectation as well.

In 1997, Congress added a very short section to the Code – 1234A.  In plain English, this section states that a gain (or loss) attributable to the “cancellation, lapse, expiration, or other termination” of a lease for real property will “be treated as a gain or loss from the sale of a capital asset.”

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