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Form 637 Online DE: What You Should Know
Rules of the House — Chapter 32.101 of the Texas Tax-free, non-cash, real-estate transactions that are exempt from federal and state taxation Consequence of the change: The tax-free transfer of real-estate assets is no longer exempt, the owner of the real-estate assets may still be subject to capital gains taxes imposed on other taxpayers under the Texas business and occupation tax Consequence of the change: The tax-free transfer of real-estate assets is no longer exempt, the owner of the real-estate assets may still be subject to capital gains taxes imposed on other taxpayers under the Texas business and occupation tax The Tax-free Transfer of Real-Estate Any person with at least a 50% interest in an individual real-estate estate business can establish a non-taxable transaction. If the transaction is not subject to federal capital gains tax, any capital gains are subject to Texas income tax and are not subject to federal taxable income tax of 15%. How Much Tax-Free Income Will I Receive? In general, a person selling real-estate assets to a non-taxable owner of a limited liability company may receive no more than the greatest of 3x annual compensation under Texas business and occupation tax table 8.50 for all taxable real-estate business of the non-taxable purchaser at the time of such sale, or 3% of the adjusted federal taxable income of the non-taxable owner. For other Texas Business and Occupation Tax tables use the Texas business and occupation tax table 7.5. For taxable real-estate transactions, the taxable owner must calculate the least of the real-estate income that is subject to state tax or sales tax under Texas business and occupation tax table 8.50 or the greatest of (a) 3x annual compensation under Texas business and occupation tax table 8.50 from the sale of all taxable real-estate business under the table, or (b) the total annual compensation (that is, taxable income minus non-taxable compensation) in the Texas business and occupation tax table 8.50 during an 12-month period. This taxable owner may also be subject to any state capital gains taxes. In general, a person selling real-estate assets to a non-taxable owner of a limited liability company may receive no more than the greatest of 3x annual compensation under Texas business and occupation tax table 8.
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