Milwaukee, WI asked in Business Formation, Tax Law and Business Law for Wisconsin

Q: Hypothetically, if an organization with the same model wanted to build houses in the same manner but give the house away

What implications are there to giving a house away with the land? (The land in purchased from the city by HH.)

1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: If an organization decides to give away houses along with the land, purchased from the city, there are several factors to consider. Firstly, there might be tax implications for both the giver and the receiver. The value of the house and land could be taxable as income for the recipient, depending on local laws. Moreover, the organization may face different tax situations depending on whether they're seen as making a charitable gift or a taxable transaction.

From a legal and planning perspective, transferring property involves a variety of steps including title search, potential zoning issues, and compliance with local housing codes and regulations. There might be restrictions or covenants on the land that could affect the use of the property. It's important to ensure that all legal procedures are thoroughly followed to avoid future disputes or liabilities.

Additionally, the act of giving away homes can have significant social implications. It could lead to a positive impact on the community by providing housing to those in need and stimulating local development. However, there might also be unintended consequences, such as affecting local real estate values or straining municipal services. It's important to engage with the community and consider long-term sustainability when planning such initiatives.

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