An installment sale is a sale of property where you receive at least one payment after the tax year of the sale. If you realize a gain on an installment sale, you may be able to report part of your gain when you receive each payment. This method of reporting gain is called the installment method.
In general, net investment income includes, but is not limited to: interest, dividends, capital gains, rental and royalty income, and non-qualified annuities. Net investment income generally does not include wages, unemployment compensation, Social Security Benefits, alimony, and most self-employment income.
The NIIT also doesn't apply to certain types of income that taxpayers can exclude for regular income tax purposes such as tax-exempt state or municipal bond interest, Veterans Administration benefits, or gain from the sale of a principal residence on that portion that's excluded for income tax purposes.
As with an S corporation, the 3.8% net investment income tax generally does not apply to gain recognized on a sale of partnership interests, or gain allocable to a partner from a sale of the assets of the partnership, to the extent the relevant partner “materially participates” in the business of the partnership.
If you sell the investment before maturity at a profit (or loss), part may be taxed as a capital gain (or allowed as a capital loss), while the rest is considered interest income. As a bond investor, however, you also need to be aware that if you're not careful, you could be paying tax twice on your interest income.
Net investment income is defined as investment income less any deductions allocable to such income and includes gross income from interest, dividends, annuities, royalties and rents (other than income derived in an active trade or business), and net gain from dispositions related to passive activities.
Texas has few laws regarding the assignment of a buyer's interest in a real property contract, with most of the structure for such an assignment coming from the contract language itself or from case law.
Do I need a real estate attorney to draft a Texas real estate contract? While it's not legally required, hiring a real estate attorney to help draft and review the contract is highly recommended.
Reporting the sale on your tax return Under the installment method, you include in income each year only the part of the gain you receive or are considered to have received. You don't include in income the part of the payment that's a return of your basis in the property.
Real estate installment contracts are a financing option that allows for periodic payments instead of a lump sum payment. Also known as a land contract, contract for deed, or contract for sale in the real estate industry.