Pacific Specialty Financial
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Pacific Specialty Finance
Avoiding foreclosure and tax on gain

Facing Tax on Gain in Troubled Commercial, Multi-Tenant Properties or Pre-Foreclosure Situations?

The CPR Program will allow you to defer your gain and add basis for a fraction of the cost of the tax that would result from a traditional sale or exchange.

Example 1

An owner with a $40 million loan on property currently valued at only $20 million was considering options of:

  1. Walking away and having a foreclosure on his financial history,
  2. Continuing to feed the negative cash flow on the property but uncertain about:
    • How long before the value returns to equal the current loan.
    • How much the negative cash flow will be in the interim.
  3. Paying capital gains tax of nearly $15 million on the gain in the property if foreclosed.

Our solution:

Despite the fact that the client had no access to financing because his credit had been ruined over the past 3 years, and had little capital, the CPR Program 90+% non-recourse 1031 exchange financing solution allowed the owner to:

  1. Avoid a foreclosure being recorded against the borrower
  2. Defer the $15 million tax liability on the gain.
  3. Reduce the cost of the solution to only 10% of the $40 million (i.e. $4 million in cash) instead of $15 million.

Client Options:

  1. Get foreclosure on record and pay $15 million in taxes that you don't have, or
  2. Save your credit, avoid the tax, solve the problem with only $4 million out of pocket.