The Tax Implications of Transferring Property to a Business Entity

By |2026-08-04T13:36:54-07:00August 4, 2026|Categories: Real Estate, Tax Planning|Tags: , , , |0 Comments

When forming a new business or funding an existing business, you may think it’s a good idea to transfer assets to the business entity in exchange for ownership interest (i.e., transferring property to a business entity for shares in the company).

You may also be thinking about transferring certain liabilities (debt) to the entity. Transactions such as these are common, but the way you structure them can have serious tax implications. Sometimes, they trigger immediate taxation. Sometimes, they don’t.

The rules vary dramatically depending on whether you’re dealing with a C corporation, S corporation, partnership, or limited liability company (LLC) taxed as a partnership. The wrong choice, or simply structuring the transaction incorrectly, could leave you with an unexpected tax bill.

In this post, we explain what you need to know before you transfer assets or liabilities to a business entity.

Transferring Property Tax-Free: Tax Rules for Transferring Property to a Business Entity

If you’re wondering whether you can transfer property into a business without immediately recognizing taxable gain, the short answer is yes. But whether a given transaction qualifies for favorable tax treatment depends largely on the type of entity with which you are dealing:

  • Corporation (that can be either a C corp. or S corp.)
  • Partnership (GP, LP, LLP),
  • Limited Liability Company (LLC) taxed as a partnership

Regardless of the type of business entity, the objective is to complete the transfer without triggering immediate taxation.

Transferring Property to a Corporation

If you’re transferring property to a C corp. or S corp., you generally qualify for tax-free treatment only if the people contributing the property collectively own at least 80 percent of the corporation immediately after the transfer. Specifically, the individual or the group contributing the property must collectively own: Continue reading… Continue reading… Continue reading…

Selecting a Business Entity — Small Business Guide to Legally Reducing Your Tax Burden, Part 3

Welcome to Part 3 of our 12-part series on how to legally reduce your income tax burden. Here, we describe the five ways you can choose to organize your small business, and then we provide guidance on how to choose the best business entity for your business in the current environment.

Here’s a common scenario to get us started. You set up a limited liability company (LLC) or S corporation for your small business, and now you are all set in terms of protecting your personal assets from lawsuits and minimizing your tax burden, right?

Not so fast.

One of the most expensive mistakes small-business owners make is choosing the wrong business entity — the legal/financial structure within which the business operates.

Most business owners start as sole proprietors. Then, as they grow, they establish an LLC to help protect their personal assets from any lawsuits filed against the business. Many of these same business owners make the common mistake of assuming that an LLC allows them to file their taxes as a corporation and use that filing status to save on taxes. The fact is that an LLC is a legal entity, not a tax entity. Operating a sole proprietorship as an LLC won’t save you any money in taxes.

You want a business entity (or more than one business entity) that not only provides legal protection, but also maximizes your Continue reading… Continue reading… Continue reading…

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