Monday, February 9, 2009

200,000 Silicon Valley homeowners up for property tax reductions

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200,000 on deck for property tax reduction.
Some 200,000 Silicon Valley homeowners, about half those in the Santa Clara County region, may soon enjoy a hefty reduction in property taxes.

by Broderick Perkins
© 2008 DeadlineNews.Com
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Deadline Newsroom - Some 200,000 Silicon Valley homeowners, about half those in the Santa Clara County region, may soon enjoy a hefty reduction in property taxes.

The reduction will be temporary, but that could be a long temporary and the break could save some homeowners hundreds if not thousands of dollars a year -- and they may not have to lift a finger to get the small windfall.

Santa Clara County Assessor's office has recognized the steep decline in real estate property values and has begun a wholesale review of some 200,000 property values to determine if they are eligible for a reduction in assessed values.

All properties involved in transactions since January 1, 2000 will get market values reviewed.

"Obviously, not every community is the same. The value decline in Palo Alto and Los Altos is vastly different from the much steeper degree of decline in Gilroy, Morgan Hill, East San Jose or Milpitas," said County Assessor Larry Stone.

Property taxes in Santa Clara County amount to about 1.25 percent of the assessed property value. The assessed property value is set, most often, based on a property's last sales price. For example, a property purchased for $500,000 comes with property taxes each year of about $6,250. However, when property values fall (or rise), provisions in tax law allow the assessor to lower (or raise) assessed values and, right now, that could mean lower values and lower property taxes.

The review should be completed in June with any reassessed values to show up on the 2008 to 2009 property tax rolls due beginning later this year.

Home prices tabulated by a host of Santa Clara County sources show prices have fallen by as much as 50 percent or more in the last year, depending upon the location of the property. Forecasts call for continued drop in prices and prolonged depressed values. Once values return to their pre-adjusted levels, however, property taxes can be returned, on a fast track, to those levels.

Even after the assessor lowers any property values, homeowners can still appeal the assessed value -- at no cost -- by filing an appeal directly with the assessors office.

The assessor cautioned taxpayers to be wary of solicitations promising reduced assessed values in exchange for a fee. A recent solicitation this tax year sought to get homebuyers to send in $179 for a property value assessment appeal, after the period for such appeals had already ended.

See: Beware bogus 'Property Tax Reassessment' letter

"It is outrageous. There's simply no reason for a property owner to pay a fee to a private company for a service taxpayers receive from the Assessor’s Office without charge. Property owners most likely eligible for an automatic reduction in their property’s assessed value are being inundated by these questionable operators who are feeding upon the increased fears of homeowners stressed by a declining real estate market and the loss of equity," said Stone.

"My best advice on hiring someone to help you appeal your assessed value is to wait until you get your notification card,” said Stone.

Last year, the Assessor’s Office temporarily reduced the assessed value on over 45,000 properties for a total reduction in excess of $5 billion.

"Everyone who received a reduction last year is nearly certain to receive at least the same level of reduction, and perhaps substantially more. While I rarely make predictions, I fully expect that the number of property owners receiving reductions will increase this year," said Stone.

Between now and June, the Assessor’s Office will review the assessed value of nearly 200,000 properties to determine if the market value, as of January 1, has fallen below the original assessed value.

Once all properties are assessed, the Assessor’s Office will mail an assessment notification card to every property owner. This year, that notice is expected to arrive during the last week of June, a tad later than usual because of the extra workload.

If a property owner disagrees with the value on the notification card, they are encouraged to contact the Assessor’s Office to request a review. A simple interactive form is available on line on the assessor’s website.

Again, the service is free.

Avoid official-looking solicitations that claim "due dates" and request "payments due."

© 2008 DeadlineNews.Com

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Broderick Perkins, an award-winning consumer journalist, parlayed 30 years of old-school journalism into a digital real estate news service, the San Jose, CA-based DeadlineNews Group -- DeadlineNews.Com, a real estate news and consulting service and Web site and the Deadline Newsroom, DeadlineNews.Com's news back shop. Perkins is also a National Real Estate Examiner. All the news that really hits home from three locations -- that's location, location, location!


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New tax breaks, on the house


Home sweet tax shelter.
When it comes to paying your dues in Club America, your home likely provides the best discount going. Your home offers more tax relief than any other acquisition, thanks, in part, to new federal laws designed to ease financial suffering in the recessionary economy.

by Broderick Perkins
© 2008 DeadlineNews.Com
Enter The Deadline Newsroom

Unauthorized use of this story is a copyright violation -- a federal crime

Deadline Newsroom - Talk about tax shelters.

When it comes to paying your dues in Club America, your home likely provides the best discount going.

Your home offers more tax relief than any other acquisition, thanks, in part, to new federal laws designed to ease financial suffering in the recessionary economy.

Building on a host of existing tax benefits for homeowners, new breaks also help you save money on buying a home, owning a home and selling a home.

Check your state or local jurisdiction for specific rules on income tax breaks levied locally. They may or may not match the federal deals.

Mortgage Forgiveness Debt Relief Act of 2007

First up? Breaks made available from the federal "Mortgage Forgiveness Debt Relief Act of 2007".

• Forgiveness of Debt Tax Break. When a lender allows the homeowner to forego repayment of principal and or interest the borrower owes and discharges the debt, the debt is considered ordinary, taxable income.

The new law provides for neither a credit or a deduction, but allows certain taxpayers to exclude discharged debt from taxes, provided the lender discharges the debt in 2007, 2008 or 2009.

The amount of debt that can be excluded is limited to $2 million and the exclusion is only available for loans used to buy, build or substantially improve a principal residence. Vacation homes, investment properties and other second homes don't qualify.

The provision is designed to help borrowers avoid foreclosure and use a "short sale" to bail out of a home they can't afford. A short sale occurs when a lender agrees to write off the portion of a mortgage that is higher than the value of your home (in an "upside down" mortgage), provided a buyer is ready, willing and qualified to purchase the property and the lender is willing to finance the deal. Previously, the forgiven portion could be considered income and taxed as such.

• Mortgage Insurance Deduction. The relief act also extends previous federal tax relief for qualified home owners who pay mortgage insurance. Qualified borrowers can deduct the full amount of their private or government mortgage insurance if their insured mortgage originates between 2007 and 2010.


Tax Glossary

Deduction - A tax "deduction" reduces your taxable income. Less income to tax means less taxes to pay. For example, a $100 tax deduction reduces your $50,000 taxable income to $49,900.

Credit - A tax "credit" is a dollar-for-dollar reduction in your actual taxes due. A $100 tax credit reduces your $1,000 tax bill to $900.


Housing and Economic Recovery Act of 2008

Next? Another set of new tax breaks -- and one partial take away -- come with the "Housing and Economic Recovery Act of 2008" (HERA) also called "Housing Assistance Tax Act of 2008".

• First-Time Homebuyer Tax Credit. HERA's most notable provision is called a $7,500 "tax credit," but it really is more like an interest-free loan.

This deal is for buyers or couples who have never owned a home or who haven't owned a home in the past three years and closed or close a deal from April 9, 2008 to July 1, 2009. Only single taxpayers with adjusted gross incomes up to $75,000 and married couples filing a joint return with incomes up to $150,000 qualify for the benefit. In a "married filing separately" household a maximum credit of $3,750 can be claimed on each return.

(President Obama recently signed an economic stimulus package that boosted the credit to $8,000 for homes purchased in 2009. The tax credit is a real credit that doesn't have to be paid back.)

Partial credits of less than $7,500 are available for some taxpayers whose adjusted incomes exceeds the limits. The credit is not available for individual taxpayers with adjusted incomes of $95,000 or more and for married taxpayers filing joint returns with incomes of more than $170,000.

All or a portion of the home buyer credit can be claimed as a refund even if the taxpayer has little or no federal income tax owed.

Here's the kicker. Designed to provide a financial incentive to get more people to buy homes in the down market, the $7,500 is actually a no-interest loan that must be repaid over 15 years, beginning two years after taking the credit. If the home is sold within 15 years, the remaining balance of the tax credit payback is due, provided there is ample capital gains. The credit payback is forgiven if there's no capital gain at the time of the sale.

A better deal?

A move is afoot, with backing from the National Association of Homebuilders to legislate a real tax credit for buyers, double the current interest-free loan amount or $15,000. Former real estate broker, U.S. Senator Johnny Isakson (R-GA), introduced legislation to make the deal a real tax credit (not to be paid back) -- the lesser of $15,000 or 10 percent of the purchase price for any homebuyer purchasing any home. The legislation unanimously passed the Senate in early February.

• Standard Deduction for Property Taxes. HERA also allows homeowners to claim an additional standard deduction for property tax if they do not itemize deductions. The additional amount is limited to $500 or $1,000 for joint filers. The amount is claimed as an additional amount on top of their standard deduction. The deduction is valid for the 2008 tax year only.

• Prorated Capital Gains Exclusion for Residential Real Estate. Second homeowners are helping foot the bill for HERA.

Under current law, married homeowners can exclude from taxation, up to $500,000 in gains from a home sale, provided the property was the primary residence for two out of the previous five years. The maximum exclusion for a single person is $250,000.

Vacation and rental property owners can legally double dip the exclusion by first selling their primary residence and capturing the tax-free gain. Then, after moving into the second residence for two years to qualify it as their primary residence, they are able to cash in again on the tax-free gain after selling the second home.

That ends January 1, 2009 when HERA eliminates the capital gains exclusion for the portion of gain that came while the home served as a vacation or rental property. The act retains the tax benefit for any gain achieved during the period when the property served as a principal residence.

Here's an example for a homeowner who sells a residence after 10 years of ownership and the home was a vacation property for eight years. If the home owner realizes a $100,000 gain when the home is sold, $80,000 would be subject to capital gains tax. The remaining $20,000 would qualify for the exclusion. Of course, if the home is never used as a vacation property, and is the primary residence for two years out of the last five, the full $100,000 gain would still be tax free.

Because the law doesn't take effect until 2009, home owners who move into the vacation home before the end of 2008 will still be eligible for the benefits of the old law.

Whenever it comes to taxes? See a professional -- unless you are one.

For other tax benefits that come with homeownership, see:
A dozen tax breaks, on the house.

For some details on the capital gains exclusion see:
U.S. Taxpayer Relief Act of 1997.

For related reading, see:
Foreclosure prevention efforts grow
Bush signs landmark housing act
$700 billion bailout overshadows $300 billion 'Hope'
Still MORE tax information




© 2008 DeadlineNews.Com

Advertise on DeadlineNews.Com

Shop DeadlineNews.Com

Get news that really hits home for your Web site or blog from DeadlineNews.Com.

Broderick Perkins, an award-winning consumer journalist, parlayed 30 years of old-school journalism into a digital real estate news service, the San Jose, CA-based DeadlineNews Group -- DeadlineNews.Com, a real estate news and consulting service and Web site and the Deadline Newsroom, DeadlineNews.Com's news back shop. Perkins is also a National Real Estate Examiner. All the news that really hits home from three locations -- that's location, location, location!


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