Personal Finance

• Automotive

• Casualty Losses

• Charity

• Credit Issues

• Dealing With the IRS

• Death of a Taxpayer

• Divorce

• Dollars & Sense

• Education

• Eldercare

• General Tax

• Investments

• Medical Care

• Your Home & Taxes

• Relocation

• Rental Property

• Retirement Planning

• Work-Related Expenses

• Your Business

• Health Care Provisions

Financial transactions involving your home have great tax and financial implications to taxpayers and their families and should be approached with a well-informed understanding of the process. This section includes a variety of self-help tools to assist clients with various aspects of the process. If additional assistance is needed, please call for an appointment or a telephone consultation.

A reduced credit for home energy-savings improvements is available for 2011. The credit generally equals 10% of a homeowner’s cost of eligible energy-saving improvements, up to a maximum lifetime tax credit of $500. The cost of certain high-efficiency heating and air conditioning systems, water heaters and stoves that burn biomass all qualify, along with labor costs for installing these items. In addition, the cost of energy-efficient windows and skylights, energy-efficient doors, quali...

To stimulate home sales, Congress first established the first-time homebuyer credit in 2008, then modified it for 2009 (through November 30, 2009), and then extended it again through the middle of 2010 (2011 for certain service members) resulting in some complicated rules.There are basically two credits, with significantly different sets of rules for each.  In addition, the extension legislation passed in November of 2009 added a new category of home buyer referred to as “long-time...

Since the advent of the version of the home sale gain exclusion that became law back in the 1990s, taxpayers have been using that provision of the law as a popular strategy to exclude gain, not just from their primary residence, but also from rentals and second homes as well.   They do that by moving into the rental or second home and making it their primary residence for two years, then selling it and excluding the gain, up to $250,000 ($500,000 for joint filers).  To qualify ...

Unless the taxpayer qualified for the over age 55 exclusion, profits from home sales prior to May of 1997 were generally deferred into the replacement home. This, in effect, reduced the tax basis of the replacement home, so that when it is sold, the profit from the previous home is taken into account when determining the overall profit from both homes. With the current law allowing a $250,000 ($500,000 for qualified couples filing jointly) exemption, many individuals forget about the deferred...

Often, when a couple separates and divorces, one spouse continues to live in the family home. Frequently, the departing spouse will simply quitclaim the property to the spouse retaining the home. When filed, the quitclaim deed takes the departing spouse's name off the title. However, it does not remove that spouse's name from the mortgage.  So if you quitclaim a property to your spouse and he/she is late with payments, it will hurt your credit rating. To make matters worse, there is no ...

Unless they meet the reduced exclusion qualifications, taxpayers must meet the ownership and use tests in order to qualify for exclusion of gain. This means that during the 5-year period ending on the date of the sale, taxpayers must have: 1) Owned the home for at least 2 years (if a joint return only one spouse need meet the ownership test), and 2) Except for short temporary absences, lived in (used) the home as their main home for at least 2 years. The required 2 years of ownership ...

CAUTION: The term “first-time homebuyer” is used both in the context of the penalty-free IRA withdrawal discussed in the article and the first-time homebuyer credit article.  Be careful in that the definition of a first-time homebuyer is different for both.Each taxpayer who qualifies as a "First-Time Home Buyer" can make a $10,000 penalty-free withdrawal from an IRA to purchase a home. (Please note that even though the withdrawal might be penalty-free, it is still taxable.&nb...

Most individuals go shopping for their dream home rather than a fixer-upper when they are looking for a place to call home. However, if you are handy, willing and able to buy a home with the intention of fixing it up and reselling it, you have a unique opportunity for tax-free profits up to $250,000 ($500,000 for a married couple).Under current law, homeowners can sell their main home not more frequently than once every 24 months and pocket the profits (up to the limits) tax-free. All that is...

If you're thinking of purchasing a home, have you considered how you intend to hold title to the property? Surprisingly, many home purchasers don't give much attention to the question even though the manner in which title is held can have far-reaching ramifications. The best way to come to a decision about title is to consult with a real estate attorney. Before you do that, however, you may want a little background on the more prevalent title-holding methods: Title held in the name of one...

Many parents of college age children would like to utilize the equity in their home to help pay for college expenses. When considering this course of action, there are two issues: (1) Should the first trust deed be refinanced or should a second trust deed line of credit be secured? and (2) Will the interest be deductible?The decision whether to refinance the first trust or to obtain a second trust deed will depend on several factors including how favorable the interest rate is on your current...

Most often, examples demonstrating exclusion of home sale gain are applied to single individuals or married couples. This gives the false impression that the $250,000 ($500,000 for married couples) exclusion applies to the home itself. Quite the contrary - the $250,000 exclusion is available to each individual who qualifies under Sec. 121 of the Internal Revenue Code. For example, if four friends jointly own a home and each meets the requirement of at least two years "aggregate" occupancy dur...

Heirs of property are often concerned about the taxes they will owe on any gain from that property's sale. After all, the property may have been purchased by a deceased relative years ago at low cost, but now has vastly appreciated in value. The usual question is: "Won't the taxes at sale be horrendous?"Clients are usually pleasantly surprised by the answer—that special rules apply to figuring the tax on the sale of any inherited property. Instead of having to start with the decedent's ...

If you are planning on refinancing your home, you might be concerned about whether the interest on the loan is deductible. Here's an overview of the current home mortgage interest deduction rules that should help answer your questions. Interest on your new loan will be 100% deductible if interest on your old loan was fully deductible and you're refinancing the old loan dollar-for-dollar. If your new loan amount is more than the balance on the old one but you use the new money to substan...

If you have a mortgage on your real estate property, you should be keeping an eye on interest rates.  Rates have been down over the last year or so.  This may provide you with a favorable opportunity to refinance your property. The decision to refinance may not be solely predicated on obtaining a lower interest rate, but can depend upon a variety of individual circumstances and needs such as: Eliminate PMI Charges – Your original loan may have Private Mortgage Insurance (P...

Some taxpayers use revocable trusts as an alternative to having their property transferred by will. While there is no income or estate tax advantage to a revocable trust, there is a benefit in having the property pass to beneficiaries on the death of the owner without having to go through the probate process.However, there is a potential pitfall where a married couple transfers their residence to a revocable trust that becomes irrevocable after the first spouse dies – the $250,000 home ...

If a taxpayer has more than one home, the taxpayer can only exclude gain from the sale of the taxpayer’s main home (principal residence), even if the other home meets the 2-out-of-5-years ownership and use tests.Main Home: The property that the taxpayer uses the majority of the time during a year will ordinarily be considered the taxpayer’s “main home” or “principal residence.” A taxpayer’s main home can be a house, houseboat, mobile home...

If you have ever refinanced real property such as a rental, vacant land, or even your home, and the new loan is for more than the balance of the old loan, you have essentially taken out a portion of the profits without actually selling the property. That means when you sell the property, your taxable gain may exceed the amount of cash you actually receive in the transaction.Illustration: Suppose you originally paid $120,000 for your home ($20,000 down and a $100,000 mortgage) and then a ...

When a home purchaser's down payment is less than 20% of the purchase price, they must obtain Private Mortgage Insurance in order to get a loan. This is about one in every three new loans. Getting rid of the Private Mortgage Insurance will save you considerable money, but it is not easy to get mortgage companies to drop the requirement.The borrower pays it, but the lender gets the benefit -- PMI assures the lenders will get back their money if the borrower defaults on the mortgage loan. The i...

If a taxpayer does not qualify for the full home sale gain exclusion, they may still qualify to exclude a reduced amount if the taxpayer(s) did not meet the ownership and use tests, or the exclusion was disallowed because of the once every 2-year rule, but sold the home due to:a) A change in place of employment, b) Health, or c) Unforeseen circumstances to the extent provided in IRS regulations. The following are examples of unforeseen circumstances for qualified...

There are a number of reasons to consider refinancing: lower payments, lower interest rates, eliminating PMI payments, home improvements, college funds, consolidating debt, purchasing a second home, or even financing a business venture.When considering such a move, remember there are costs associated with refinancing and any decision to refinance will depend upon whether the overall financial benefits warrant the expense to refinance. Things to consider include: How long will you own the ...

Over the past few years, mortgage interest rates have dropped significantly and homeowners in increasing numbers are refinancing their home mortgages and in the process, have extended the term of the loan and are frequently taking additional cash out to pay down other debts, finance education, buy a car, etc. In doing so, homeowners may be unwittingly creating a situation where part of their home mortgage interest may no longer be deductible. Generally, the mortgage interest that you may dedu...

Depreciation: The tax law assumes business assets will decline in value due to obsolescence and wear and tear. Therefore, taxpayers are allowed to take an annual deduction called depreciation, which represents the decline in value. If the asset is later sold for more than its depreciated value, any gain attributable to the depreciation is generally taxed at rates higher than the gain would otherwise be taxed.In addition, the home sale exclusion does not apply to any depreciation tak...

These days, more individuals are working from home offices and availing themselves of the "Home Office Deduction." For tax purposes, this deduction essentially divides your home into two separate pieces of property, your home and business property. Those taking the deduction will be able to deduct a portion of the home operating expenses including interest, taxes, insurance, utilities, upkeep and office depreciation. Since taxes and interest are generally deductible and any depreciation taken...

If you rent part of your property, such as a room or a portion of the house, you must divide certain expenses between the part of the property used for rental purposes and the part of the property used for personal purposes, as though you actually had two separate pieces of property. You can deduct the expenses related to the part of the property used for rental purposes, such as home mortgage interest and real estate taxes, as rental expenses. You can also deduct as a rental expense a part o...

If a taxpayer sells the land on which their main home is located but not the home itself, the taxpayer generally cannot exclude the gain from the sale of the land with one exception. The exclusion would apply to the sale or exchange of vacant land that the taxpayer owned and used as part of his principal residence, if the disposition of the dwelling unit occurs within two years before or after the disposition of the vacant land. The vacant land must be adjacent to land containing th...

When a married couple sells a jointly-owned home that has been owned and used as their primary home for two of the prior five years, they can exclude up to $500,000 of gain from the sale of the home. They can only do this once every two years, except under specific exceptions such as when the sale is related to a job move.But what happens when two single individuals marry and each owns a home and both homes are sold within the same two-year period? Tax law allows them to sell their individual...

If you're considering buying a home, here's a checklist of some of the things you should be on the lookout for:Check your credit rating – Before applying for a loan, pre-check your credit rating to make sure there are no surprises. The advantage of the pre-check is that it gives you time to get the report corrected before approaching a lender. If there are credit blemishes in your record that can't be removed, you will know they are there and be prepared with an explanation.Get pre-qual...

The only interest that is deductible as an itemized deduction is home mortgage interest and investment interest. If you are like so many others with large consumer debt such as credit cards, car payments etc., you are paying interest that is not deductible. If the amount of consumer interest you pay each year is substantial and you itemize your deductions, you may want to consider converting that nondeductible interest into deductible interest by paying off the consumer debt with a home equit...

Frequently, parents (and possibly grandparents) help their children (grandchildren) with the purchase of a home. This can happen, for instance, if the children have income too low to qualify for a loan or have a credit record that precludes them from getting a loan at all. The parents initially make or supplement the payments on the home until the children can afford to assume the entire financial obligation on their own. The downside of these arrangements is that they can give rise to financ...

Many parents, especially the older ones, assume it is wise to add a child’s name to their house deed in case something should happen to them. On the contrary, it is probably the worst thing that can be done. By doing so, the parent creates a host of problems. Gift Tax Issue – For gift tax purposes, adding a child to the title constitutes a taxable gift of the ownership interest in the home to the child. If the value of that gift exceeds the annual gift tax exemption ($13,00...

Many taxpayers have misconceptions about what expenses of owning a home or a second home are deductible for tax purposes. To make the issue more complicated, the deductible items may be currently deductible or deductible at the time the property is sold. In addition, your deductions must generally be itemized to gain any benefit from currently deductible items. • Purchase Escrow Costs – Generally, escrow fees, title fees and real estate agent commissions are not currently deductibl...

Qualified mortgage insurance premiums are deductible as qualified residence interest if the amounts: (1) are paid or accrued before Jan. 1, 2012; (2) aren't properly allocable to any period after Dec. 31, 2011; and (3) are paid or accrued with respect to a mortgage insurance contract issued after Dec. 31, 2006.To be deductible, the premiums must have been paid in connection with acquisition debt for a mortgage insurance contract issued after Dec. 31, 2006. It must be for a qualified resid...