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Definition: A bargain sale is when property is sold for less than its fair market value. The difference between the sale price and the fair market value must be taken into account for tax purposes. If the sale is between family members, it may lead to gift-tax consequences.
The bargain element in the sale, for which the donor-seller may claim a charitable deduction, is FMV ? SP. The gain realized by the donor-seller is given by this formula: Gain realized = (SP/FMV) x (FMV ? B)
One very common example of a bargain sale to a charitable organization is the sale of real estate to a charity. In many cases, the property transferred is exchanged for other similar property of lesser value, and the difference is considered a gift.
In Oregon, a lawful bargain and sale deed includes the grantor's full name, mailing address, and marital status; the true consideration paid for the transfer (ORS 93.030); and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property.
A Bargain Sale transaction is the same as any other real estate transaction with a buyer or seller and real estate agent. However, with the IRS Section 170 Bargain Sale, the buyer is a tax-exempt entity, and the seller desires to receive a tax deduction on a portion of the transaction.