Tax Breaks For Homeowners

In a way, tax planning is a lot like a chess game. Congress or the economy makes a move, and then it’s your turn. For example, moving to a new principal residence in 2001 might be a good idea if you expect to reap a gain on the sale of your home. That’s because the tax law allows you to receive — tax-free — up to $250,000 of qualifying gain ($500,000 for married couples). But that’s not the only tax-saving opportunity your home may offer.

Playing Musical Homes
If both your vacation home and primary residence have appreciated in value, you may be able to use the hefty capital gains exclusion — not once but twice — in just over two years. The rules allow taxpayers to exclude their gain within the above limits once every two years.

The law changes are especially good news for retirees or empty nesters wanting to downsize. For example, a couple could sell their primary residence, excluding up to $500,000 in capital gains, then move into their vacation home. If they sold it two or more years later, they could exclude up to another $500,000 in gain on their former vacation home.

You don’t automatically forfeit the exclusion if you move out of your home and rent it. But it must be your principal residence for two of the five years preceding the sale. If you expect your home to increase greatly in value a year or two after you move, delay the sale. But be sure to sell the home before the three years’ grace expires or you will entirely forfeit the gains exclusion. Don’t forget: You must report gain attributable to depreciation claimed during the rental period.

Maximize Your Interest Deduction
You may be able to deduct points or prepaid interest in connection with a mortgage on the purchase of your principal residence. You can deduct mortgage interest on the first $1 million of debt incurred to acquire, construct or substantially improve a qualified residence. You also can deduct interest on $100,000 of home-equity debt, regardless of how you use the funds, but not for purposes of the alterna-tive minimum tax. Be careful if you refinance your mortgage — only the amount not exceeding the current outstanding principal balance will generally qualify as mortgage debt. But the excess may qualify as home-equity debt.

Tax Breaks on Vacation Homes
If you want a tax-free sale, keep careful records. You’ll have to prove that you meet the main home occupancy requirement. Proof can consist of utility bills, voter and auto registration and other indications of pri-mary residence. Suppose you sell your vacation or second home after having lived in it as your principal residence for an aggregate of at least 24 months over the past five years. You won’t owe any tax on the first $250,000 of gain ($500,000 for married cou-ples).

You may not regard your vacation home as a tax shelter while you own it, but here are four scenarios under which it may provide annual tax savings:

1) You rent it to paying guests for fewer than 15 days a year. You owe no tax on the rent and don’t even have to report it. You can deduct mortgage interest, property tax and any uninsured casualty loss on Schedule A.

2) You rent it — or have it available for rent all year — and you stay there only for clean-ups and repairs, subtract mortgage interest, property tax, insurance, utilities, operating expenses, repairs and deprecia-tion from rental income and report on Schedule E. You’ll probably have a loss. If your adjusted gross income (AGI) was less than $100,000 and you "materially partici-pated" in managing your second home, you can generally deduct up to $25,000 passive loss from your ordinary income — or an unlimited amount if you are a real estate professional. This benefit is phased out when your AGI exceeds $100,000 and is unavailable if your AGI is $150,000 or more.

3) You use it less than the greater of 14 days a year or 10% of the rental days during the year. Your loss deductions (subject to the passive loss rules) are unlimited.

4) You use it more than the greater of 14 days or 10% of the rental days. You can’t deduct any secondary home loss on your tax return. You must report income and expenses on Schedule, and any resulting loss cannot shelter ordinary income. Deduct expenses in this order: mortgage interest, property tax, uninsured casualty losses, operating expenses and depreciation. But deduct the excess of the first three items as itemized deductions on Schedule A if their total exceeds rental income. These items are always deductible.The excess of other expenses can be carried forward and considered an expense from the same property next year.

The excess and next year’s expenses will be subject to the same rules discussed above.

Seek Advice
Obviously, taking full advantage of tax breaks for homeowners requires careful planning. Please call us for assistance in plotting your next move. Our experts who specialize in such matters will be glad to help you.



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