From Perplexity on the discount for partial ownership:
The IRS allows for a fractional interest discount when valuing partial ownership of real estate due to two primary factors:
lack of control and lack of marketability. These discounts reflect the challenges in managing or selling a partial interest in a property. The actual discount percentage varies based on the specific circumstances of the ownership, property, and market conditions.
Typical Discount Ranges
• Discounts for fractional interests generally range from 15% to 67%, with most cases falling between 25% and 35%.
• Factors influencing the discount include:
• The size of the ownership share.
• The number of co-owners.
• The cost and feasibility of partitioning the property.
• The type and use of the property.
• Market conditions and financing availability.
IRS Requirements
• The IRS requires a qualified appraisal by a certified appraiser to substantiate the discount applied to a fractional interest.
• While the IRS has sometimes argued for limiting discounts to the cost of partitioning, courts have often recognized larger discounts due to broader marketability and control issues.
For your 40% ownership, the exact discount would depend on these factors and would need to be determined through an appraisal. Historically, discounts in this range often fall within 25% to 35%, but specific circumstances could lead to higher or lower adjustments.
Send these to the UW:
A recent Tax Court case provides a road map for calculating the fractional interest discount in the absence of credible comparable sales data.
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