Real estate taxes on the rental property are fully deductible on Schedule E. Debt you incurred for the rental business is deductible on Schedule E regardless of the property used to secure the debt. 20,000 for you borrowed to improve the rental property is business debt, and the interest on this debt is deductible on Schedule E. Using a business property to borrow money for nonbusiness purposes does not give you a deduction for interest. The debt is personal debt, and the interest for 1, 2, and 4 are not deductible.
Real Estate Developers in India. Please sort out companies of Delhi and other areas as per your requirements. Eversendai Consulting Engineers Private Limited Providing design and detailing services for structural steel and reinforced concrete.
Jalaram Associates Providing building developing services. To Z Civil Engineering Solutions Providing building constructions land surveying road works. Uttranchal dealing in sale and purchase of industrial property, factory plots, factory lands, industrial sites, agricultural lands, residential plots and residential houses in Haridwar, Dehradun and Roorkee. Ravi Murgan Constructions Offering apartments with designed colored ceramic tiled flooring, granite cooking platform, ornamental doors etc.
Providing various types of civil construction services. Yamuna Developers Providing services of developing of eco resorts, villas, flats, ownership appartments in resort projects and setting up of resort projects on turnkey basis. Srathy Consultants Providing buiding consultancy services.
Providing construction services for developing residential group housing, independant expandable villas, showroom spaces, business park, commercial complexes, independent duplex houses in Rajasthan.
Address: 207, Windsor Plaza, S. Associates Deals into all kinds of hospitality building, educational campus, sports complexes, religious places etc. Providing building construction and construction projects related services. Anckur Contracts Providing all kinds of civil construction services.
Eden Heavens Eden Havens offers you the privilege of choice.
Plots available in Navi Mumbai and in Goa too. Premier Properties Providing services as a builder. Dhillon Group, Chandigarh Providing building construction services for residential and commercial building.
Mukund Enterprises Providing services as a builder.
Anisha Estate Service Real Estate dealer and consultant, providing houses, appartments, offices, industries in South and Central Delhi. Vasanth Builders Providing services of building construction. Ajay Enterprises Limited Providing services as builders. Alliance Builders and Contractors Ltd. Real estate developers offering services like housing development, township development and commercial complex development in cities like Bareilly and Shahjahanpur. Tallam Construction Builders and developers of residential and commercial complex. Atithi Builders Providing services of house development and commercial space. Properties Providing services related to residencial, industrial, commercial plots, farm houses, flats etc. Kalpak Construction Providing real estate development, building construction and construction contract services. Canti Homes Private Limited Real estate developers offers construction services. We Construct residential flats in and around chennai and sell, we are flat promoters.
Metro Builders Providing Services As Builders To Create The Best Residential And Commercial Buildings. Adunik Consultant Consultant for building material, contractors and builders. ABN Roofs Relocation consultants, providing complete logistics that include outsourcing properties, furniture rentals, movers and packers. Engineers Estate Providing construction and project management consultancy services.
Advance India Projects Limited Providing serivces of building construction and real estate developers. Pioneer Infrastructure Limited Offering real estate developers, residential property consultancy services, project consultants, flats construction and apartments construction services. Properties Provides commercial premises for lease or rent. Banjara Hills Constructions Providing services in counstructing independent houses. Sri Sathya Homes Providing services of engineers and builders.
Vibrant Real Estates Providing fully developed house plots. Sri Sai Associates, New Delhi Dealers of housing flats in various location of East Delhi and NCR. Nav Bharat Estate Agency Providing services of real estate consultancy only in residencial properties in HUDA sector.
Infratech Engineers Providing building and civic ammenities construction and design services. Enterprises, Bhandup Providing civil services. Vox Group of Companies Provide services for real estates. Deep Group Of Companies Providing of all types of real estate developers and construction services. Invest 2 Gain Offering services of construction and sale of farm houses, kothis, plots, residential and commercial land. Landmark Developers Providing services related to building construction. Madhu Constructions Providing services building constrution, builders and civil contractors. Kaushalya Infrastructure Development Corporation Limited Providing housing services.
Raheja Developers Private Limited Providing real estates developing and promoting services. Sri Balaji Constructions Providing services like building constructions and sales. Providing services like sale and purchase of residential and commercial properties. Castle Rock Builders And Developers Deals in residential layouts, residential appartments, commercial building etc. Private Limited Property centre in Coimbatore provides residential flats, appartments and villas at affordable rates and arrange loans from housing finance company. Danial Enterprises Deals in real estate business specially free hold properties, building maintenance etc. Manuelsons Century Wood Crafts Provide real estate services that includes construction and housing projects such as Green Field Project in Puzhakkal, Willow Woods in Trichur and Serene Enclave in Panangad. Gandhi Builders Private Limited Providing real estate services. Electronic Services Private Limited We are engaged in the field of supply, installation and commissioning in building solutions. Manpasand Builders Private Limited Providing various types of real estate developing services. Srivari Property Developers Providing services like property development, plantations to entertainment, finance and leasing services. Deep Realtors Private Limited TrustSeal Engaged in offering services of real estate consultancy services, commercial real consultancy services, residential real consultancy services, building construction services and renovation services. Agarwals Real Estate Developers Providing real estate development services like apartments construction, hotels construction, farm houses development services, shopping complexes construction. Also providing commercial real estate agents and industrial real estate consultants.
Also offering cousultancy services of sale and purchase of apartments and plots. Boomerang Properties Builder Offering real estate developers, residential property consultancy services, commercial property consultancy services, residential bungalows construction, flats construction, apartments construction and other real estate development services.
Company Offering real estate developing services, residential property dealing, commercial property dealing, industrial property dealing for MNCs, shopping malls and residential houses in Delhi, NCR, Agra, Lucknow, Kolkata and Mumbai. Kanu Estates, Delhi Engaged in building and developing of shopping malls, residential, lands, agricultural and Industrial lands. Also offering sale and purchase of residential and commercial properties. Vedanta Consultants Offering services as property consultant for residential bungalows, farmhouses along with real state consultancy, industrial real estate consultancy and commercial real estate consultancy. Atharva Developes Real estate agents in India offering sale, purchase, rental services for commercial buildings, residential buildings including shopping malls, site selection, industrial plots and residential plots. Sunny Real Estate Consultants Real estate developers providing customized solutions in real estate development, investment and asset management. Merchandise Pvt Ltd Providing real estate developers, real estate consultants, real estate agents, property dealers, residential property dealers, investment consultants, colonizer services, property builders, property promoters in Delhi and NCR. Prithvi Estates Residential builders offering services of furnished apartments, offices, luxurious residential complexes in gurgaon.
Welldone Estate Projects Private Limited Property builders and real estate developers. Residential apartment and residential home developers offering royal mansions, luxurious appartments, penthouses, luxurious villas, residential appartements, luxurious houses, luxury residential 2 bedroom flats, 3 bedroom flats and 4 bedroom flats. 1, Friend Colony Industrial Area, G. Jain Estates Real estate agents offering consultancy services for commercial, industrial and IT enabled accommodations at mumbai along with residential property. Ltd Offering residential construction services, industrial construction services, building construction services.
Dutta and Associates Provide design and engineering consultant services in the domain of commercial complex , bridges, housing complexes, Hospitals, multi storeyed buidings, industrial structures, auditoriams and multiplexes. Associates And Company Real estate consultants offering real estate development services, commercial building contractors and residential building constructors. Manuelsons, Kerala Real estate agents engaged in sale, purchase, rent of commercial properties and residential properties including hospitals, schools, private villas and residential apartments. Halwasiya Developments Private Limited Real estate developers offering services like general construction services, civil construction services, building maintenance and external development works. Our Builders Deals into construction of flats, commercial complexes, commercial land development etc.
Consultants Real Estate Consultants Delhi offering buying, selling, renting of commercial property, residential property, residential farm land, commercial farm land, farm houses and Industrial land in Delhi, Gurgaon, Noida, Ghaziabad. Civil contractors engaged in providing demolition and dismantling of buildings and urban structures like office partitions, water tanks, smoke stacks, radio towers, industrial structures, rock removal, etc. Man Mohan Vaidya Properties Pvt. Arrputharaj Associates Builders and vaastu consultants from Coimbatore offering services as residential builders and architectural building consultants in India. Single storey with 2 bedroom, attached bath, living room, dining room, kitchen. Infrastructure includes facilities like phone system, cable TV, water sports besides basic essentials.
Mapsko Builder Pvt Ltd Offering services related to builders property. Civil engineering contractors company undertakes subcontracts from leading international companies for civil, finishing works, plumbing, HVAC, mechanical and electrical jobs. Om Properties Offering real estate consultancy, residential property and realtor services in Gurgaon for sale and purchase of residential flats. Also offer investment consultancy services. Baba Enterprises, Chennai Offering sevices for buying and selling of residential property, commercial property, farm land, residential plot, residential flats and beach house etc. Parsvnath Developers Limited Acts as builders promoters and real estate developers.
Subhadra Properties Private Limited Providing services of agricultural lands, bunglow plots, farmhouse plots in and around nashik, maharashtra. Jainsons Properties Dealers of residential building, commercial building and farm houses.
Suham Steel Traders Providing home builder services. Tachukdi Provides real estate and property dealers services. NLM Associates Providing services of real estate developers of prime residential, commercial and industrial areas in Mumbai. Address: D Block, Wankhede Stadium, D. Som Datt Builders Limited Providing building and construction services. International Land Development Private Limited Providing services related to real estate business. Prashant Enterprise Providing building and real estate developers. Pushpa Real Estate Providing real estate services like buying, selling and rental of property.
Greater Noida Industrial Development Authority Industrial development authority selling land for industrial, commercial, institutional and residential purposes. PCES Private Limited Providing consultancy services in the field of civil engineering, and survey work. Khandelwal Realty Private Limited Providing real estate sale, purchase, lease, commercial and residential, serviced apartments, short lets, property management agents, builders and developers services. Chembur Builders Provides Real estate Properties on Rent, Lease, Sale For Residential, Commercial And Industrial Use. Prem Construction Providing all kinds of civil works services, building elivation work services etc. Technical Services Private Limited Provides services of real estate developers. Providing civil construction based services such as road construction services and building construction services. Address: 116, Ramkrishna Seva Mandir, Near Police Station, V.
Indus Valley Promoters Limited Builder and real estate developers that construct residential and commercial complexes in Meerut and NCR of India. Complexes are architecturally perfect and vastu friendly. Properties Providing services of residential, commercial, industrial and agricultural properties for sale, purchase and rent. Prestige Estates Projects Private Limited Providing estate projects related services. Kapur Auto Finance Purchase Sale of Bunglows, Farmhouses , Flats in and around JAIPUR Address: 12 Park Street, M. Buildway Group Buildway stands for Reputation, Goodwill and Customer Satisfication in Building Construction, Developers, Engineers, Plumbers, Contractors, Real Estate and Promoters. New India Constructions Providing construction services. Nikhil Construction Company Private Limited Providing services of real estate developement, property building and building construction. Associates Providing services as a builder contractors and property dealer. Asian Estate Agents Provides real estate promoting and developing services.
Alpmit Engineers Private Limited Engaged into different types of construction works like bridge construction, road construction, building construction and road maintenance. Rohan Builders And Developers Private Limited Providing services of constructing residential building and selling it to the people.
Muthreja Realtors Providing services for rent, lease, sale of flats, bungalows, shops, showrooms, industrial units etc.
Aaditya Facilitators Private Limited Providing real estate services. Prithvi Complex Providing services related to builders and developers. 8, Akshay Complex, Kalher Village Tal. Meghana Homes Private Limited Providing services of building construction and real estate development. Friendz Construction Providing services related to buildings and other properties.
Srilaxmi Real Estates Providing services of real estates. Builders Private Limited Providing real estate developes and promoters services.
Kingsway Consultants Offering consultancy services in architectural and structural design, interior design, industrial projects, property development, valuation of immovable property, civil engineering, landscaping, rehabilitation and repair of buildings. Lokhandwala Builders Providing servies of apartments, penthouses, buildings available in Bombay and India. Developer Private Limited Providing plots, houses and flats services. Company Providing construction services like irrigation, canals, dams, earthworks, roads etc. Company Limited, Kolkata Trading, selling, investment, owning and managing real estate. Associates Providing services of builders, architects, engineers and contractors in bangalore. Real Estates Providing services in building constructions.
Sri Satya Sai Constructions Provide Services like property development, property builder and project management. Billa Enterprises Providing civil constructions and civil contractor services. Srila Builders Private Limited Providing builders and real estate services. Architects Studio Providing all kinds of architect consultancy services. Saumya Construction Private Limited Provide services related to builders.
Gayathris Consultant Realtor Providing services related to all residential and commercial property requirement, buying, selling, rentals in Chennai and Bangalore. Address: C3, 44 Habibullah Road, T. Providing services of building construction like residential buildings construction and commercial building construction services. Construction Solutions Providing services as real estate consultant, real estate property, real estate consultancy for residential, industrial, building and commercial properties. Salarpuria Providing services as real property developers. State Industrial Corporation Limited Providing services of land and infrastructure. Property developers offering real estate development and consultancy services, office construction services, turnkey design services, property consultancy, commercial building design, office fit outs and interior design services. Purplespace Network Solutions Private Limited Provides Indian Design And Building Industry Community Services.
Builders Private Limited Providing construction services.
Address: 501, Mercantile House, K. Group Of Companies Providing all types of developing services like real estate, shopping malls, multiplex entertainment, residential apartments and townships etc. The first step in creating the Family Limited Partnership is the preparation and filing of the Certificate of Limited Partnership with the Secretary of State. The form asks for the name of the limited partnership. Any family member residing in the state can be designated as the agent. There are also companies that will, for a modest fee, act as the designated agent for these purposes. The form also asks for the names and addresses of all general partners of the partnership.
The names of the limited partners are not required. Since this document is a matter of public record, the names of the general partners will be publicly available but not the names of the limited partners. At this point, the partnership will be legally formed. You should request that a certified copy of the Certificate of Limited Partnership be returned to you, and your copy should be stamped with the filing date.
The Partnership Agreement Concurrently with the filing of the Certificate of Limited Partnership, a written partnership agreement must be prepared. This is the document that governs the affairs of the partnership. When creating a Family Limited Partnership for estate planning and asset protection purposes, the partnership agreement must also contain certain key provisions designed to accomplish your objectives. Husband and Wife, as general partners, always maintain absolute control over the assets of the partnership.
These provisions are unique and essential to a properly structured Family Limited Partnership. Overview In making the decision about funding the partnership, it is important that you understand the distinction between Safe Assets and Dangerous Assets. Safe Assets are those which do not, by themselves, produce a high degree of lawsuit risk. For instance, if you own investment securities such as stocks, bonds, or mutual funds, it is unlikely that these assets will cause you to be sued. Mere ownership of investment assets, without some active involvement in the underlying business, would probably not cause a significant degree of lawsuit exposure. Dangerous Assets, on the other hand, are those which, by their nature, create a substantial risk of liability. These are generally active business type assets, rental real estate, or motor vehicle ownership, any of which may cause you to be sued. Safe Assets and Dangerous Assets is that you do not wish to have the FLP incur liability because of its ownership of a Dangerous Asset. This is exactly the situation you are trying to avoid.
Dangerous Assets must either be left outside of the partnership or must be placed in one or more separate entities. Dangerous Assets must be isolated from each other and from Safe Assets, in order to avoid contaminating the Safe Assets. Dangerous Assets An example of a Dangerous Asset is an apartment building. The liability potential of apartment houses is particularly high. Although liability insurance coverage is usually available, the amount of coverage may not be sufficient. The potential liability for such a tragedy could easily reach into the millions of dollars, exceeding by far the amount of your insurance coverage. Apartment owners can also be held responsible for the acts of the resident managers.
Acts such as these may not be covered under your standard insurance coverage. Instead, the best approach for a Dangerous Asset such as an apartment building is to transfer that property to its own separate entity. Generally the Limited Liability Company is the proper way to hold Dangerous Assets. Since no individual member of an LLC can be sued for an LLC related obligation, the liability associated with the Dangerous Asset can be contained and insulated in the LLC.
If a number of Dangerous Assets are owned, each should be placed in a separate entity. LLCs for a client, each holding one apartment building. If a disaster occurred, only the LLC which owned that property would be sued. The other properties and family assets were safely insulated and shielded from liability under this arrangement. Some types of commercial real estate may also constitute Dangerous Assets. His medical practice and the property were both Dangerous Assets and a liability produced by either would jeopardize the other. For example, a problem arising from the building would produce a claim against the equipment, accounts receivable, and cash in the corporation. The office building should have been separated from the medical practice by holding it in a separate LLC. Dangerous Assets must be kept separate from each other asset. We will discuss details about the use and operation of the LLC. Safe Assets Safe Assets with a low probability of creating lawsuit liability can be maintained in a single Family Limited Partnership. The first problem concerns the availability of the income tax deduction for home mortgage interest. Based upon the language of the statute, the deduction for mortgage interest would, therefore, not seem to be adversely affected by a transfer into the Family Limited Partnership. However, until the law on this issue has been conclusively decided you should not risk the consequences of a disallowance of your mortgage interest deduction. 500,000 of the gain from the sale of your home. It is likely that a transfer of your residence into the FLP would cause you to lose this tax advantage. For these reasons, we do not recommend using the FLP to hold the family residence. An alternative is to use a specially designed trust to own the home. All of the tax benefits will be preserved and the highest level of protection can be maintained. Bank and Brokerage Accounts These types of accounts do not create any potential liability and can be transferred into the Family Limited Partnership. In order to open these accounts in the name of the partnership, you will present the financial institution with a certified copy of the Certificate of Limited Partnership. The institution will also require the Taxpayer Identification Number issued to the partnership by the Internal Revenue Service. Interest in Other Entities The Family Limited Partnership is an excellent vehicle for holding interests in other business entities. The reason that we mention these other business entities is that the Family Limited Partnership must not ever be engaged in any business activities.
You do not want the partnership to buy or sell property or goods or to enter into contracts. If the partnership does business, then the partnership can get sued. And if the partnership gets sued and loses, all of the assets that it holds can be lost. Interest in Other Entities The Family Limited Partnership is an excellent vehicle for holding interests in other business entities. The reason that we mention these other business entities is that the Family Limited Partnership must not ever be engaged in any business activities. You do not want the partnership to buy or sell property or goods or to enter into contracts. If the partnership does business, then the partnership can get sued. And if the partnership gets sued and loses, all of the assets that it holds can be lost. Case Example For example, a client of ours entered into a contract to purchase a shopping center. Previously, we had set up a Family Limited Partnership for him. The seller sued the partnership because the partnership was the named party to the contract. This transaction should not have been handled in this manner. The proper way to conduct this type of business activity is through a separate LLC or partnership arrangement. By using the proper planning techniques, potential liability can be significantly reduced and valuable personal assets can be protected from a dangerous lawsuit. This example illustrates the necessity for conducting business activities through an entity other than the Family Limited Partnership so that family assets are not exposed to the risk of liability. The proper role of the Family Limited Partnership in this context is to hold the interests in the business entities that are themselves subject to risk.
The FLP can hold these interests, providing asset protection and estate planning advantages in a single integrated package. Summary The Family Limited Partnership offers a unique capability to realize a variety of planning goals.
Assets held in the FLP are effectively shielded from potential claims. Income taxes can be shifted to lower bracket family members or entities such as corporations and trusts to take advantage of deferral and savings techniques.
Estate taxes on accumulated wealth and future appreciation can be minimized or eliminated by gifting discounted interests in the FLP to children or trusts established for their benefit. The FLP provides a convenient and flexible format as the cornerstone of your overall plan. In the succeeding sections we will see how Limited Liability Companies and trusts can provide additional opportunities to create asset protection and tax savings strategies. The LLC is the most versatile and convenient strategy for owning rental property, insulating Dangerous Assets, operating a business, and achieving an excellent level of financial privacy. The LLC is a relatively new legal entity created by statute and recognized in all fifty states. The adoption of the LLC format began in Wyoming and Florida in the 1970s with approval in most other states only within the last ten years. The purpose of the legislation is to allow individuals to create a legal entity that avoids many of the tax and business problems inherent in the corporate and partnership structure. More particularly, the LLC provides the protection from liability of a corporation without the formalities of corporate minutes, bylaws, directors, and shareholders. LLC law specifically bars a lawsuit against a member for the liabilities of the LLC. That is an important distinction which you should understand. LLC legislation was to change this result by clearly stating that the members and managers of the LLC could not be named in a lawsuit against the company. The LLC is also convenient to maintain.
The owners are permitted to adopt flexible rules regarding the administration and operation of the business. For tax purposes, it is treated like a partnership. That means the LLC itself pays no income tax. All of the income and deductions flow through directly to the members and is reported on their personal tax returns.
The LLC is formed by filing Articles of Organization with the Secretary of States office. Unlike the FLP, which requires the names of the general partners, the disclosure of the names of the principals can be avoided. The name of either the member or the manager must be provided in the articles.
Also, many states, including Nevada and Delaware, permit a single member LLC to be formed.
We will see that these provisions open the door for a variety of financial privacy strategies. Anonymous ownership of financial accounts, business interests, and real estate can be achieved with an LLC as an important component of the plan. The bad news, for physicians and some other professionals, is that state law generally does not allow these practices to be operated as an LLC. Although the LLC may be useful in protecting accumulated assets from lawsuits, it will not insulate the individual from the liability associated with a medical practice.
Inside and Outside Liability To understand the benefits available from the LLC, lets look at a typical example.
We know that holding the property, as they do now, exposes them to great danger. Ownership of rental property creates more uncontrolled liability and lawsuit risk than any other business or profession we have seen. And because this potential liability usually cannot be covered by insurance, a single unpredictable event, a mistake, or just bad luck can wipe out everything built up over the years. John and Mary own to potential liabilities from the property. John and Mary need to be protected from inside liability. John or Mary from a matter not related to the building exposes the equity in the apartment property to seizure in satisfaction of that claim. We call this type of liability outside liability.
John and Marys interest in the property must be protected from outside liability. If one of them is involved in an auto accident causing serious injury, they do not want to lose the property because of this outside liability. Clearly, owning the apartment building in the current manner is not sound business planning. LLC Versus Corporation John and Mary could transfer the property to a corporation.
Each would own 50 percent of the stock in the company. John and Marys personal assets to danger. The problem is that this protection against liability is only available if all of the corporate formalities are carefully followed. Since most people do not maintain proper corporate records and documentation, corporations often do not provide the intended level of protection.
Further, corporations are subject to complex tax rules, which can cause severe and unintended consequences. John or Mary unrelated to the property. For these reasons, it is generally not advisable to hold investment real estate in a corporation. LLC Versus Limited Partnership If John and Mary form a limited partnership to hold the property, one or both of them will serve as general partner. The major problem with the limited partnership format is this unlimited liability of the general partner. John or Mary for an outside liability would be limited to a charging order, which would not affect the property in the partnership. By forming an LLC, John and Mary can accomplish all of their objectives. Inside Liability Protection A member of an LLC is not responsible for claims or judgments against the company.
When we are dealing with a rental property or an active business, the potential liability associated with the business is a primary concern. But as we have stated, the law specifically provides that the members of the LLC cannot be sued.
In our previous case study, John and Mary transfer their apartment building to an LLC. If a tenant is injured in an accident, John and Mary, as members of the company, would be protected from any claim relating to the property. Outside Liability Protection Property held in an LLC cannot be seized by a creditor of a member. If there is a judgment or claim against John or Mary, the creditor cannot reach the property held in the LLC. As is the case with the Family Limited Partnership, assets of the LLC are protected from potential claims against a member. The creditor is limited to the ineffective charging order remedy. LLC is only permitted to take whatever actual cash distributions are made by the company. The creditor cannot force a distribution or demand any portion of the assets of the company. No Formalities An LLC is not required to maintain formal minutes and resolutions. Record keeping requirements can be minimized without a threat that the members will be sued individually for a liability of the company.
Contrast this treatment with that of a corporation.
If the proper formalities are not followed, the corporate protection will be pierced and the owners will have liability for company obligations. Im just going off the top of my head here without looking anything up, so just use my answer as a guide and not fact. Land, as you know, is not depreciable.
But it should be listed as a separate component of the sale. The building is depreciable, but will also be under an additional code section, 1250. The general rule starts with section 1231 property. Then, depending on what it is, it might ALSO be 1245 property or 1250 property. Both 1245 and 1250 pretty much say this: When you sell the asset, the amount over adjusted basis, up to the extent of depreciation taken, is ordinary gain. Lets say I sold it for 12,000. 9,000 of my gain would be ordinary and 3,000 capital gains. There is some special additional tax on the gain or special rate.
But the losses are ordinary, thankfully. And I feel like Im getting off track here, but Im trying. And perhaps this is where saying more info is needed might help.
Mary can prove that she wasnt going to improve anything, then there might be support for the claim that it is a capital asset and the gains are capital. In short, you will want to check out code section 1237 for reference too although it doesnt exactly fit your problem. And last but not least, Ill clog this answer with an Explanation nabbed from my own stuff. Good luck on your research and forgive me for such a lengthy answer. Usually I hate stuffed answers. Real property produces capital gain or loss on its sale or exchange if its a capital asset. The factual question of whether real property was so held gave rise to intensive litigation.
Cases decided under Code Sec. 1231 are covered as part of the question of what property is used in a business.
Decisions delineating property that is a capital asset are covered in this subdivision. The special rules of Code Sec. 1237 , allow taxpayers other than C corporations to obtain limited capital gain as to property subdivided for sale under certain circumstances without reference to this question. Whether real property is held primarily for sale to customers in the ordinary course of the taxpayers business is a factual question determined by the circumstances of each case. TAX TIP: In some cases, the taxpayer may hold some property primarily for investment and other property primarily for sale to customers. If that is so, great care should be taken to set up separate accounts for each property.
In short, if the taxpayer wants to obtain capital gain on a sale, he must be prepared to prove that he was holding the specific property primarily for investment. There are many, many specialties.