When your seller closes on a property/business with a large gain,
the default is a LUMP SUM: all of the money arrives at once, and the entire taxable gain lands in that single tax year. For
a highly appreciated property, that can put the seller into the top brackets and trigger extra taxes that wouldn't otherwise
apply.
A STRUCTURED INSTALLMENT SALE (SIS) Changes the timing. Instead of taking
everything at closing, the seller chooses to receive part of the proceeds as a SERIES OF SCHEDULED PAYMENTS over
future years. Because the tax law lets gain be reported as payments come in rather than all up front, the seller spreads the
tax bill across many years instead of absorbing it all at once.
The payments are guaranteed
and funded at closing--typically backed by a highly rated annuity issued by a life insurance company--so the seller
is not waiting on the buyer or carrying the buyer's note. The buyer pays normally; a third party stands behind the future
payments.
The one-sentence version
An
SIS lets a seller turn a one-time tax hit into a smoothed-out stream - trading a lump sum for guaranteed future payments,
and a single tax year for many smaller ones.
Why it Matters
to You
This isn't an abstract topic--it's a tool that directly affects whether your deals
close and how you're positioned with high-value clients.
1. It saves the deal that taxes would
otherwise kill.
You've heard it said: "I'd sell, but the taxes would eat me alive".
That objection ends listings before they start and collapses deals at the negotiating table. A seller staring at
a combined federal-plus-state-plus-NIIT bill north of 30% on a large gain may simply walk -or hold the property/business indefinitely.
The SIS gives the seller a reason to move forward. A deal that closes pays a commission; a deal that dies pays nothing.
2. Your commission is paid in full, at closing.
This is the part most agents/brokers
get wrong out of caution: an SIS does not mean YOU wait for your money. The deferral is funded out of the SELLER'S NET PROCEEDS.
Your commission, closing costs and payoffs are all settled at closing exactly as the always are. You are paid in full, on
the closing date, in cash. Only the sellers chosen portion is structured forward according to their wishes.
3. Most agent/brokers can list and market. Far fewer can sit across from a sophisticated seller, recognize a tax
problem, and point toward a real answer. Simply raising the SIS and knowing when to bring in the specialist--signals
that you operate at a higher level. That reputation wins listings and referrals.
4. It builds
a referral flywheel.
SIS deals naturally involve CPA's, attorneys, and financial
advisors. Being the agent/broker who knows this tool puts you in the room with those professionals--and they send clients
to people who make them look good.
NOW FOR THE REST OF THE STORY--READ MORE
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