Submitted By: John
Answered: July 8, 2014 8:30 am

I own an undeveloped city lot. If I sell it, how am I taxed?

It depends on whether you’re viewed under the tax law as a developer. If you hold the lot as investment property, any gain you reap is taxed as capital gain. You may also owe an additional 3.8% tax on net investment income related to this gain. But if you’re a developer and your lots are essentially part of inventory, your gain is taxed as ordinary income. And because you are in business, you won’t pay the 3.8% tax as long as you materially participate in the business’s activities.

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Tax Glossary

Installment sale

A sale of property that allows for tax deferment if at least one payment is received after the end of the tax year in which the sale occurs. The installment method does not apply to year-end sales of publicly traded securities. Dealers may not use the installment method. Investors with very large installment balances could face a special tax.

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