Archive for Real Estate – Personal and Investment

Common Rental Property Expenses to Deduct on Your Income Tax Return

rental property expensesIf you own a rental property, a necessary step in tax preparation is identifying your rental property expenses. These expenses are those expenses you can deduct to help offset the rental income you include in your gross income.  You generally deduct your rental expenses in the year you pay them.  For more information regarding reportable rental income, please see the StrataTax article “What is Rental Property Income”Generally, rental property expenses, such as maintenance, insurance, taxes, and interest, can be deducted from your rental income. Below are some additional expenses that may be deductible.

Pre-Rental Expenses. You can deduct your ordinary and necessary expenses for managing, conserving, or maintaining rental property from the time you make it available for rent.

Vacant Rental Property. If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (including depreciation) for managing, conserving, or maintaining the property while the property is vacant.  These will be considered rental property expenses. However, you cannot deduct any loss of rental income for the period the property is vacant.

Uncollected Rent.  If you are a cash basis taxpayer, do not deduct uncollected rent.  Because you do not include it in your income, you cannot deduct it.  If you use an accrual method, you report income when you earn it.  If you are unable to collect the rent, you may be able to deduct it as a business bad debt.  For more information regarding bad debts, please refer to the StrataTax article Deduct Your Business Bad Debts”.

Repairs.  You can deduct the cost of repairs to your rental property. A repair keeps your property in good operating condition.  It does not materially add to the value of your property or substantially prolong its life.  If you make repairs as part of an extensive remodeling or restoration of your property, the whole job is an improvement.  You cannot deduct the cost of improvements.  An improvement adds to the value of property, prolongs its useful life, or adapts it to new uses.  The cost of improvements must be capitalized.

Insurance Premiums Paid in Advance.  If you pay an insurance premium for more than one year in advance, for each year of coverage you can deduct the part of the premium payment that will apply to that year.  You cannot deduct the total premium in the year you pay it.

Local Transportation Expenses.  You can deduct your ordinary and necessary local transportation expenses if you incur them to collect rental income or to manage, conserve, or maintain your rental property.  Generally, if you use your personal vehicle, you can deduct the expenses using either the standard mileage rate or actual expenses.

Travel Expenses.  You can deduct the ordinary and necessary expenses of traveling away from home if the primary purpose of the trip was to collect rental income or to manage, conserve, or maintain your rental property. You must properly allocate your expenses between rental and nonrental activities.  You cannot deduct the cost of traveling away from home if the primary purpose of the trip was to improve your property.  You recover the cost of improvements by taking depreciation.

Tax Preparation.  You can deduct, as a rental expense, the part of tax preparation fees you paid to prepare Schedule E, Form 1040, Part I.

Your tax preparer can provide you with more information regarding the treatment of rental expenses on your income tax return. StrataTax, a San Diego consulting and tax services firm, is available year-round to assist you with income tax preparation and tax planning.  Call us at (858) 225-7720 to setup your free initial consultation or visit us at www.StrataTax.com for more information.

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments.  You are invited to share your opinions or ask questions related to this topic by visiting us at www.StrataTax.com/tools/blog.  Also, please visit our Tools section (http://stratatax.com/tools) to explore our library of resources that offers tips and strategies on a wide range of tax and business related topics.

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.

Tax Treatment of Points Paid on a Home Mortgage Loan

home mortgage interestPoints are a form of pre-paid interest that a borrower pays as a method to reduce the interest rate on a loan. The borrower then obtains a lower monthly payment in exchange for this up-front payment.   One point equals one percent of the loan amount.  Due to the paying of points, there will be a specific point in the timeline of the loan where the money spent to pay the points will be equal to the money saved by making reduced loan payments resulting from the lower interest rate on the loan.   Other terms for points include loan origination fees, maximum loan charges, loan discount, or discount points.  If a home seller pays for the borrower’s mortgage points, the points are treated as being paid by the borrower.

 
There are two primary ways to handle the payment of points on your tax return.  You can deduct the amount of points paid in the year you paid them, or deduct them ratably over the life of the mortgage.

 
Deduction Allowed in Year Paid.  If you meet all of the following tests, you can fully deduct points in the year paid:

  1. Your loan is secured by your main home.
  2. Paying points is an established business practice in the area where the loan was made.
  3. The points paid were not more than the points generally charged in that area
  4. You use the cash method of accounting (i.e., you report income in the year you receive it and deduct expenses in the year you pay them)
  5. The points were not paid in place of appraisal fees, inspection fees, title fees, property taxes, or other items that are ordinarily stated separately on the settlement sheet
  6. The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged.   These funds include a down payment and an escrow deposit.  You cannot have borrowed these funds from your lender or mortgage broker.
  7. You use your loan to buy or build your main home.
  8. The points were computed as a percentage of the principal amount of the mortgage.
  9. The amount is clearly shown on the settlement statement as points charged for the mortgage.

 
Home Improvement Loan. If tests 1 through 6 are met, you can deduct points fully in the year paid.

 
Refinancing.  Points paid to refinance a loan must generally be deducted ratably.  However, if you use part of the refinanced mortgage proceeds to improve your main home and meet tests 1 through 6 above, you can fully deduct the part of points related to the improvement in the year you paid them.  The rest of the points should be deducted ratably over the life of the loan.

Deduction Allowed Ratably.  If your loan is a home improvement loan or you do not meet the tests shown above, you can choose to deduct your points equally over the life of the loan if you meet all the following tests:

1)      You use the cash method of accounting.

2)      You loan is secured by a home, but does not have to be your main home.

3)      You loan period is not more than 30 years.

4)      If your loan is for a period more than 10 years, the terms of your loan are the same as other loans offered in your area for the same or longer period.

5)      Either your loan amount is $250,000 or less, or the number of points is not more than:

a)      4, if your loan period is 15 years or less, or

b)      6, if your loan period is more than 15 years.

 
The above are general guidelines deducting points paid on a home mortgage in full or ratably. If you do not meet the above tests, please see our articleSpecial Situations for the Tax Treatment of Points Paid on a Home Mortgage Loan

 
Your tax preparer can provide you with more information regarding the treatment of home mortgage interest and points on your income tax return. StrataTax, a San Diego consulting and tax services firm, is available year-round to assist you with income tax preparation and tax planning.  Call us at (858) 225-7720 to setup your free initial consultation or visit us at www.StrataTax.com for more information.

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments.  You are invited to share your opinions or ask questions related to this topic by visiting us at www.StrataTax.com/tools/blog.  Also, please visit our Tools section (http://www.stratatax.com/tools) to explore our library of resources that offers tips and strategies on a wide range of tax and business related topics.

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.

 

Special Situations Regarding Home Mortgage Interest

tax preparationPaying your mortgage bill can be quite a burden, but it does provide most homeowners with a sizable tax deduction, thanks to deductible home mortgage interest.  As a tax preparation firm, we are often asked which types of mortgage-related expenses can be deducted as an itemized expense. There are certain items that can be included as home mortgage interest and others that cannot.  There are also certain special situations that may affect your deduction.  The special situations could impact your tax return, so it is important that you know the difference. If you choose not to you a tax preparation firm to prepare your taxes, follow the guidelines below to help identify deductible expenses.

 
Late Payment Charge of Mortgage Payment.   If the late payment charge was not for a specific service performed in connection with your mortgage loan, you can deduct the charge as home mortgage interest.

 
Mortgage Prepayment Penalty.   You may have to pay a prepayment penalty if you pay off your home mortgage early.  If the penalty was not for a specific service performed or cost incurred in connection with your mortgage loan, you may deduct the prepayment penalty as home mortgage interest.

 
Prepaid Interest.  You can deduct in each year only the interest that qualifies as home mortgage interest for that year.   (See Points, discussed later, for an exception).  Interest that you pay in advance for a period that goes beyond the end of the tax year must be spread out over the tax years to which it applies.

 
Mortgage Interest Credit.  If you were issued a mortgage credit certificate (MCC) by a state or local government, you may be able to claim a mortgage interest credit.  Use Form 8396, Mortgage Interest Credit, to figure the credit.  You must reduce your mortgage interest deduction by the amount of the credit that you take.

 
Divorced or Separated Individuals.  The payment of home mortgage interest may be considered alimony if a divorce or separation agreement requires you or your spouse or former spouse to pay home mortgage interest on a home owned by both of you. A tax preparation firm can provide you with guidance on the rules for filing your tax return jointly or separately.

 
Reverse Mortgages.  A reverse mortgage is a loan where a lender pays you while you continue to live in your home, while you retain title to your home.  The payments can be in lump sum, a monthly advance, a line of credit, or a combination of all three.  Generally, the reverse mortgage becomes due when you move, sell your home, reach the end of a pre-selected loan period, or die.  The amount you receive is not taxable because reverse mortgages are considered loan advances, not income.  Any interest accrued on a reverse mortgage is not deductible until the loan is paid in full, and may be limited. The complexities of a reverse mortgage may require that you contact a tax preparation professional for consultation.

 
Rental Payments.  You cannot deduct as home mortgage interest any payments you make while living in a house before final settlement on the purchase.  This is true even if the settlement papers call them interest.

 
Mortgage Proceeds Invested in Tax-Exempt Securities.  You cannot deduct the home mortgage interest on home equity debt if you used the proceeds to buy securities or certificates that produce tax-free income. Most tax preparation companies can provide you with other types of tax-free income.

 
Your tax preparer can provide you with more information regarding the treatment of mortgage interest on your income tax return. StrataTax, a San Diego consulting and tax services firm, is available year-round to assist you with income tax preparation and tax planning.  Call us at (858) 225-7720 to setup your free initial consultation or visit us at www.StrataTax.com for more information regarding tax preparation and tax planning.

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments.  You are invited to share your opinions or ask questions related to this topic by visiting us at www.StrataTax.com/tools/blog.  Also, please visit our Tools section (http://www.stratatax.com/tools) to explore our library of resources that offers tips and strategies on a wide range of tax preparation and business related topics.

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.

What is Rental Property Income?

Generally, you must include in your gross income all amounts you receive as rent.  Rental income is any payment you receive for the use or occupation of property.  In addition to amounts you receive as normal rent payments, below are other amounts that may be rental income.

 

Advance Rent.  Advance rent is any amount you receive before the period it covers.  Include it in your rental income in the year you receive it regardless of the period covered or your method of accounting.

 

Payment for Canceling a Lease.  If your tenant pays you to cancel a lease, include the payment in your income in the year you receive it regardless of the method of accounting you use.

 

Expenses Paid by Tenant.  If your tenant pays any of your expenses, include these payments in your income.  You can deduct the expenses if they are deductible rental expenses.

 

Property or Services.   If you receive property or services, instead of money, as rent, include the fair market value of the property or services in your rental income.  If the services are provided at an agreed upon or specified price, that price is the fair market value unless there is evidence to the contrary.

 

Security Deposits.  If you plan to return a security deposit to your tenant at the end of the lease, do not include it in your income.  However, if your tenant does not live up to the terms of the lease and you keep part or all of the security deposit, include the amount you keep in your income in that year.  If a security deposit is to be used as a final payment of rent, it is considered advance rent.  Include it in your income when you receive it.

 

Rental of Property Also Used as a Home.  If you rent property that you also use as your home and you rent it fewer than 15 days during the tax year, do not include the rent you receive in your income and do not deduct rental expenses.  However, you can deduct on Schedule A (Form 1040) the interest, taxes and casualty and theft losses that are allowed for nonrental property.

For information regarding rental property expenses, please see the StrataTax article “What are Rental Property Expenses?”. 

 

Your tax preparer can provide you with more information regarding the treatment of rental income on your income tax return. StrataTax, a San Diego consulting and tax services firm, is available year-round to assist you with income tax preparation and tax planning.  Call us at (858) 225-7720 to setup your free initial consultation or visit us at www.StrataTax.com for more information.

 

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments.  You are invited to share your opinions or ask questions related to this topic by visiting us at www.StrataTax.com/tools/blog.  Also, please visit our Tools section (http://stratatax.com/tools) to explore our library of resources that offers tips and strategies on a wide range of tax and business related topics.

 

 

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.

Can I deduct Interest on a Home Equity Line of Credit?

Interest paid on a home equity line of credit is deductible as an itemized deduction if all of the following conditions apply:

  • You are legally liable to pay the interest
  • You pay the interest in the tax year
  • The debt is secured by your home
  • The total amount of home equity indebtedness does not exceed the fair market value of the home (at the time the debt was incurred) and does not exceed $100,000

 

 

Your tax preparer can provide you with more information regarding the treatment of home equity debt interest on your income tax return. StrataTax, a San Diego consulting and tax services firm, is available year-round to assist you with income tax preparation and tax planning.  Call us at (858) 225-7720 to setup your free initial consultation or visit us at www.StrataTax.com for more information.

 

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments.  You are invited to share your opinions or ask questions related to this topic by visiting us at www.StrataTax.com/tools/blog.  Also, please visit our Tools section (http://stratatax.com/tools) to explore our library of resources that offers tips and strategies on a wide range of tax and business related topics.

 

 

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.

Property and Income: Community or Separate?

If you and your spouse file separate returns and live in a community property state, you have to determine your community income and your separate income.  Community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Registered Domestic Partners (RDPs) who are domiciled in Nevada, Washington, or California and to individuals in California who, for state law purposes, are married to an individual of the same sex generally must follow state community property laws and report half the combined community income of the individuals and his or her RDP (or California same-sex spouse).   This article applies to individuals who meet the above criteria.

 

If you file a federal tax return separately from your spouse or RDP, you must report half of all community income and all of your separate income.  Generally, the laws of the state in which you are domiciled govern whether your property and income is community or separate for federal tax purposes.  Below is a summary of these general rules.

 

Community Property is property:

  • That you, your spouse (or RDP/California same-sex spouse), or both acquire during your marriage (or registered domestic partnership/same-sex marriage in California) while you are domiciled in a community property state.   This includes the part of property bought with community property funds if part was bought with separate funds and part with community funds.
  • That you and your spouse (or RDP/California same-sex spouse) agreed to convert from separate to community property.
  • That cannot be identified as separate property.

 

Separate Property is:

  • Property that you or your spouse (or RDP/California same-sex spouse) owned separately before your marriage (or registered domestic partnership/same-sex marriage in California).
  • Money earned while domiciled in a noncommunity property state.
  • Property either of your inherited separately or received as a gift during your marriage (or registered domestic partnership/same-sex marriage in California).
  • Property exchanged for separate property or bought with separate funds, during your marriage (or registered domestic partnership/same-sex marriage in California).
  • Property that you and your spouse (or RDP/California same-sex spouse) agreed to convert from community property to separate property.  This must have been done through an agreement valued under state law.
  • The part of property bought with separate funds, if part was bought with separate funds and part with community funds.

 

Community Income is income from:

  • Community property.
  • Salaries, wages, or pay for services of you, your spouse (or RDP/California same-sex spouse), or both during your marriage (or registered domestic partnership/same-sex marriage in California).
  • Real estate that is treated as community property under the laws of the state where the property is located.

 

Separate Income is income from:

  • Separate property.  Separate income belongs to the spouse (or RDP/California same-sex spouse) who owns the property.

 

Some states, such as Idaho, Louisiana, Texas and Wisconsin classify community and separate income differently, so be sure to check your state law.

 

Your tax preparer can provide you with more information regarding the treatment of community property on your income tax return. StrataTax, a San Diego consulting and tax services firm, is available year-round to assist you with income tax preparation and tax planning.  Call us at (858) 225-7720 to setup your free initial consultation or visit us at www.StrataTax.com for more information.

 

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments.  You are invited to share your opinions or ask questions related to this topic by visiting us at www.StrataTax.com/blog.  Also, please visit our Tools section (http://stratatax.com/tools) to explore our library of resources that offers tips and strategies on a wide range of tax and business related topics.

 

 

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.

Sell Your Home Tax Free

Good news for home sellers! If you have a gain from the sale of your home, you may be able to exclude all or part of that gain from your income.

Exclusion Rule.  In general, you may be eligible to exclude from income up to $250,000 ($500,000 on a joint return in most cases) of the gain if you have owned and lived in the property as your main home for at least 2 years out of the previous 5 years ending on the date of sale.  Short temporary absences for vacations or seasonal absences are counted as being used as your main home.

Partial Exclusion Rule.  If you fail the exclusion rule above, you may be eligible for a partial exclusion if you can satisfy one of the safe harbor tests: (1) change in employment, (2) health reasons, or (3) unforeseen circumstances.  The amount excluded from income will be computed by multiplying the maximum allowable exclusion, i.e. $250,000 or $500,000, by a fraction.

Reporting.  If you can exclude all of the gain, you do not need to report the sale on your tax return.  If you have a gain that cannot be excluded, it is taxable and should be reported on Form 1040, Schedule D, Capital Gains and Losses.

Limitations.  If you have more than one home, you can exclude gain only from the sale of your main home.  You must pay tax on the gain from selling any other home.

First-Time Home Buyer Credit.  If you received the first-time homebuyer credit and within 36 months of the date of purchase, the property is no longer used as your principal residence, you are required to repay the credit.  Repayment of the full credit is due with the income tax return for the year the home ceased to be your principal residence, using Form 5405, First-Time Homebuyer Credit and Repayment of the Credit. The full amount of the credit is reflected as additional tax on that year’s tax return.

 

______________________________________________________________________________

StrataTax wants to hear from you and encourages comments. You are invited to share your opinions or ask questions related to this topic by visiting us at our Blog at www.StrataTax.com/tools/blog. Also, please visit our Tools section at www.StrataTax.com/tools to explore our library of resources that offers tips and strategies on a wide range of tax and business related topics.

TAX ADVICE DISCLAIMER:
Please be advised that in order to ensure StrataTax’s compliance with the rules and standards required by the Internal Revenue Service (IRS), we are informing you that any tax advice contained in this communication, including attachments, is not intended or written to be used for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing or recommending this transaction or a tax related matter to another party.