Showing posts with label tax shelter. Show all posts
Showing posts with label tax shelter. Show all posts

Tuesday, June 28, 2011

Housing to take center stage in 2012 election

Even when told that getting rid of the mortgage interest deduction would help ease the federal budget deficit, 65 percent of voters opposed any proposal to abolish the tax provision, with 69 percent of Republicans, 69 percent of Independents and 59 percent of Democrats opposing eliminating the deduction even it would help the federal budget deficit.

by Broderick Perkins
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Deadline Newsroom
- Housing-related tax breaks are as American as apple pie and politicians who want to cut the tax perks that come with housing may want to consider another line of work.

Nearly three out of four voters -- 73 percent of both owners and renters -- believe Uncle Sam ought to provide tax benefits to promote homeownership.

The sentiment cut across party lines with 79 percent of Democrats, 71 percent of Republicans and 68 percent of Independents supporting tax perks that come with homeownership.

Even when told that getting rid of the mortgage interest deduction would help ease the federal budget deficit, 65 percent of voters opposed any proposal to abolish the tax provision, with 69 percent of Republicans, 69 percent of Independents and 59 percent of Democrats opposing eliminating the deduction even it would help the federal budget deficit.

Legislators who vote to eliminate the mortgage interest deduction are more likely to be voted out of office than those who support the deduction, according to a recent National Association of Home Builders (NAHB) poll by Lake Research Partners and Public Opinion Strategies.

Fifty-eight percent of voters residing in House GOP freshmen districts, 58 percent in the House swing districts, 56 percent in Senate toss-up race districts and 54 percent of voters living in presidential swing states said that they would be less likely to vote for a candidate for Congress who proposed to eliminate the mortgage interest deduction.

"Despite the current housing downturn, Americans still see homeownership as a core value and a key building block of being in the middle class and creating strong jobs in their communities," said Celinda Lake, president of Lake Research Partners.

"The bottom line: The bipartisan consensus outside the Beltway is that owning a home remains an essential part of the American Dream and voters would strongly oppose any efforts by lawmakers to increase barriers to homeownership," Lake said.

Pollsters surveyed 2,000 likely 2012 voters from May 3 through May 9 to assess the public's attitude following he Great Recession and efforts to scuttle the mortgage interest deduction and create "Qualified Residential Mortgage" standards that could price even excellent-credit consumers out of the housing market.

The NAHB also found:

• Seventy-six percent of respondents in key U. S. Senate races, 75 percent of voters in swing U.S. House of Representative districts, 75 percent among presidential swing states and 71 percent of voters residing in GOP House freshmen districts support federal government tax incentives to encourage homeownership.

• Seventy-one percent of voters oppose proposals to eliminate the mortgage interest deduction, and 63 percent oppose efforts to reduce it. A majority are also against eliminating the deduction for interest paid on home equity loans, ending the deduction for interest paid on a second home, limiting the deduction for those earning more than $250,000 per year or capping the deduction for home owners with mortgages over $500,000.

• By a more than two-to-one margin (57 percent to 26 percent), voters said they would be less likely to vote for a candidate who supports eliminating the mortgage interest deduction, including 63 percent of Republicans, 56 percent of Independents, 55 percent of Democrats and 61 percent of Tea Party supporters saying they would be less likely to support a candidate who favored killing the deduction.

• Among voters who are aware of proposals under consideration by Washington policymakers to raise the down payment requirements for a home loan, 92 percent believe it will make it more difficult to buy a home.

• Six federal agencies are proposing a national standard to require a minimum 20 percent down payment, which would be opposed by households most likely to be affected – mortgage holders and renters ages 18 to 54. Among voters in these age groups, 59 percent of renters and 58 percent of those holding a mortgage oppose adding that obstacle to buying a home.

"The polling found that there is a significant disconnect between Washington policy makers and the nation's electorate when it comes to the mortgage interest deduction, the importance of homeownership and the need to keep housing a national priority," said Neil Newhouse, a partner and co-founder of Public Opinion Strategies.


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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, including DeadlineNews.Com, a real estate news and consulting service and Web site, and the Deadline Newsroom, DeadlineNews.Com's news back shop.

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Friday, July 2, 2010

President signs bill to extend home buyer tax credit closing deadline

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The "Homebuyer Assistance and Improvement Act of 2010" extends by three months the closing deadline for the already extended and expanded federal home buyer tax credit.

by Broderick Perkins
© 2010 DeadlineNews.Com
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Deadline Newsroom - President Obama today signed HR 5623, the "Homebuyer Assistance and Improvement Act of 2010" to extend the closing deadline for the already extended and expanded federal home buyer tax credit.

The new closing deadline is Sept. 30, 2010.

The old closing deadline was June 30, 2010.

The extension applies only to homebuyers who had sales contracts in place as of April 30, 2010, but have not yet closed. Military personnel have until April 30, 2011 to close. That date is unchanged by the new legislation.

The National Association of Realtors estimated nearly 180,000 home buyers (from 390 in Wyoming to 17,700 in California) would have missed out on the tax credit had Congress and the president not taken action to extend the deadline to close escrow.

Contact the Internal Revenue Service or your tax professional for more details.

The Deadline Newsroom offers extensive coverage of the federal homebuyer tax credit, here.


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© 2010 DeadlineNews.Com

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You are reading a sample of "News that really hits home!", now available from several beats and published in a growing number of locations.

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, including DeadlineNews.Com, a real estate news and consulting service and Web site, and the Deadline Newsroom, DeadlineNews.Com's news back shop.

Perkins was the first Examiner to cover three beats for the Examiner.com news service:
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Monday, March 29, 2010

California's improved home buyer tax credit a day late, but still great

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California's new and improved home buyer tax credit provides $200 million in home buyer tax credits, double the original $100 million and the new version is not just for first-time home buyers.

by Broderick Perkins
© 2010 DeadlineNews.Com

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Deadline Newsroom - A repeat windfall for home buyers, and once considered as hopeless as a balanced budget in the Golden State, California's popular home buyer tax credit is back -- and it's better than ever.

In fact, it's twice as good as it was before.

The Golden State's home buyer tax credit sequel, AB 183, recently signed by movie star Governor Arnold Schwarzenegger, is back and it's upstaged the original deal by providing $200 milliion in home buyer tax credits, double the original $100 million for qualified first time home buyers who purchased new homes, and the new version is not just for first-time home buyers.

"I have been up and down the state pushing this important housing bill that will get people off the fence and into homes while creating jobs and stimulating our economy and today I am proud to take action and put it into law," said Governor Schwarzenegger at the legislation's signing ceremony.


At 12.5 percent, California has the fifth highest unemployment rate in the nation.

The new law's $200 million allocations is split 50/50 between eligible first time home buyers who purchase an existing home and anyone purchasing a new home. First-time buyers are defined as those who have not owned a home in the past three years.

"The American dream is on sale. It's the Blue Light Special of home buying in California!" exclaimed Julie Larsen Wyss, a broker associate with Intero Real Estate in San Jose, CA.

Unfortunately, the immediately obvious flaw in California's home buying carrot is that it takes effect May 1, 2010 the day after the existing and also expanded federal home buyer tax credit is scheduled to end, April 30, 2010.

When both the California and federal home buying tax credits were available simultaneously, Californians struck a mother lode of a home buying tax credit up to a maximum total of $18,000.

The first $100 million tax credit, approved in February 2009 was only for first time home buyers who purchased only new homes. Funds ran out after just four months with 10,659 Californians claiming the credit.

Under the new California home buying tax credit there's $100 million for first-timers purchasing resale homes and $100 million for anyone buying a new home. There's no limit on the price of the home and no income limitations on buyers.

The tax credit is equal to the lesser of 5 percent of the purchase price or $10,000. It is not a refundable tax credit like the federal tax credit but must be taken in equal installments over three consecutive years to offset state taxes due.

Home buyers taking the credit will be required to live in the home as their principal residence for at least two years or forfeit the credit by repaying it to the state. Buyers also must be at least 18 years old and be unrelated to the seller.

First come-first served eligible taxpayers must close escrow between May 1, 2010 and Dec. 31, 2010, or after December 31, 2010 and before August 1, 2011, pursuant to an enforceable contract executed on or before December 31, 2010.

Watch for clarifications from the states Franchise Tax Board

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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, including DeadlineNews.Com, a real estate news and consulting service and Web site, and the Deadline Newsroom, DeadlineNews.Com's news back shop.

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Tuesday, January 26, 2010

Qualified for a home buyer tax credit? Expect refund delay

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Looking to weed out fraud, the Internal Revenue Service recently released new forms and instructions for taxpayers filing for the home buyer tax credit.

by Broderick Perkins
© 2010 DeadlineNews.Com

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Deadline Newsroom - Taxpayers filing for the homebuyer tax credit had better have all their verifying docs in a row if they expect to collect the windfall of up to $8,000.

Even with the correct documents, home buyers seeking the extended and expanded tax credit can't file electronically. So they can expect to wait to get their credit or any refund several weeks longer than taxpayers who aren't filing for the credit.

Read the full story here, on Sphere: "Filing for Homebuyer Tax Credit? Expect Refund Delay".

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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, including 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 the first Examiner to cover three beats for the Examiner.com news service:
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Thursday, December 31, 2009

New, improved home buyer tax credit boosts economy

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The vast majority of current home owners say they would use the expanded version of the home buyer tax credit for "smart spending" on things that could ultimately increase income available for more spending -- the fuel that really powers the economy.

by Broderick Perkins
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Deadline Newsroom - A new survey reveals that savvy consumers are cashing in on the new and improved home buyer tax credit and that behavior bodes well for the economy.

The vast majority of current homeowners say they would spend the expanded version of the homebuyer tax credit on repaying existing debts, home improvements, savings and investments and household expenses, according to a Coldwell Banker survey of 1,000 homeowners.
Improved Home Buyer Tax Credit

The new law extends the existing credit for first-time homebuyers, worth up to $8,000, through April 30, 2010.

A new credit of up to $6,500 is available to qualifying existing homeowners who buy a new primary residence (or have one built) by April 30, 2010, if they owned their existing home for five consecutive years over the last eight years. Second homes don't qualify.

Home buyers have to repay the credit if they live in their primary residence less than 36 months and are not members of the military.

The new rule also raises the qualifying income limits to $125,000 for single taxpayers and $225,000 for joint taxpayers, from the current $75,000 and $150,000.

The maximum allowed home purchase price is $800,000.

Both first-time home buyers and others must close escrow by June 30, 2010.

Military personnel, deployed overseas for a minimum of 90 days in 2008 or 2009, would have until April 30, 2011 to claim the tax credit.

Buyers can claim the credit on their 2009 taxes, even if the purchase is made in 2010 by filing an amended return. Buyers who don't owe taxes can have the credit refunded to them.

More information is available from the Internal Revenue Service (IRS), including its question and answer page.

Paying off debts affords consumers more spending power, home improvements likewise put more equity money in their pockets and savings and investments generate income.

Consumer spending, of course, is the real fuel for the economy's engine. And much consumer spending is fueled by the housing market -- provided the housing market is energized.

Helping to energize the housing market and the economy is the idea behind the homebuyer tax credit and it's recent extension and expansion.

By October 2009, before President Obama signed the latest extension and expansion, more than 1.2 million tax returns had claimed about $8.5 billion in the refundable tax credit, for both new and resale homes - according to the Treasury Inspector General for Tax Administration (TIGTA).

As a tangible asset with a host of other tax breaks and the potential for equity gain, a home is often a consumer's most valuable asset.

As the economic theory goes, when more consumers buy homes, the economy gets a boost.

Coldwell Banker's survey appears to confirm the theory.

Among those surveyed, 83 percent said if they purchased a home and qualified for the tax credit they would engage in "smart spending" on things that could ultimately increase income available for spending.

Only 6 percent said they would squander the money on luxury items such as vacation or shopping spree.

According to the survey most consumers would spend their tax credit:

• To pay off debts (34 percent). Paying off debts leaves more money to spend or save and invest for returns that again generate spending money.

• To make home improvements and potentially increase the value of their home and home equity (29 percent). Home equity, can be a way to consolidate other, more expensive debt or spend further on capital improvements that generate more returns on the money.

• To put into savings and investments (28 percent). Saving and investing for returns is a much better personal financial approach than using credit for purchases.

Coldwell Banker also found, after learning about the tax credit expansion, 20 percent of those surveyed said they were more likely to consider purchasing a home than they were six months ago.

Of course, what will happen when the tax credit expires in 2010, without another extension, is anyone's guess.


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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, including 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 the first Examiner to cover three beats for the Examiner.com news service:
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Friday, December 4, 2009

California home buyer tax credit extension dead

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California's $10,000 tax credit on new home purchases only, combined with the new and improved federal $8,000 tax credit to give thousands of Californians a Mother Lode of a tax credit. It was also a boon to home sales in high-priced California. Now, it's gone.

by Broderick Perkins
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Deadline Newsroom - California won't renew its home buyer tax credit any time soon, if at all.

The California Building Industry Association's Allison Barnett told the Sacramento (CA) Bee, plans to extend the quickly depleted funds for the $10,000 tax credit for new home buyers in the Golden State died in both houses of the state's legislature.

An Assembly bill to extend the credit failed to get the vote in the Senate and a similar Senate bill likewise failed in the state's Assembly.

"We were disappointed neither of those bills panned out this year," she told Bee writer Jim Wasserman.

"We're looking for options next year," Barnett said, according to Wasserman's story.

The news comes during hard times for California's new home building industry.

New home permits for 2009 are on track to be, by far, the lowest on record, according to the nonprofit Construction Industry Research Board (CIRB), which predicts permits for just 36,000 total units this year.

Compare that to the nearly 213,000 housing starts in 2004 and the more than 322,000 starts in 1963, according to the California Building Industry Association's (CBIA) own data.

Last year, housing starts numbered about 65,000, CBIA statistics show.

CIRB said builders pulled just 29,901 permits during the first 10 months this year, a 46 percent drop from the 55,632 permits pulled in the same period in 2008.

Thus far this year, permits for single-family units are down 30 percent, while permits for multifamily units are down 64 percent.

California's $10,000 tax credit on new home purchases only, combined with the new and improved federal $8,000 tax credit to give thousands of Californians a Mother Lode of a tax credit.

It was also a boon to home sales in high-priced California.

According to California's Franchise Tax Board, more than 10,600 household benefited from a portion of the $100 million plan to subsidize new home purchases with a tax break.

The board is no longer accepting applications.

Last week CBIA called on state legislators to reconsider the tax credit, given the home building industry's potentially positive impact on the state's economy.

And as is often said, as goes California, so goes the nation.

"The state tax credit generated much positive momentum earlier this year by way of helping to generate new-home sales, and in turn, job-generating new-home construction. California lawmakers should reexamine these benefits and work to implement a new tax credit in hopes of continuing that positive momentum and encourage a broader economic recovery in the coming year," said Liz Snow, CBIA's President and CEO.

"Bolstering the housing sector would only help to foster a broader economic recovery," she added.

California home buyers, like others nationwide, are left with a federal tax credit of up to $8,000.

The extension and expansion of the popular federal home buyers tax credit gives both new and move-up buyers a tax incentive to buy a home until at least April 30, 2010, longer for military personnel.

The new law extends the existing credit for first-time homebuyers, worth up to $8,000, through April 30, 2010.

A new credit of up to $6,500 is available to qualifying existing homeowners who buy a new primary residence (or have one built) by April 30, 2010, if they owned their existing home for five consecutive years over the last eight years.

Home buyers have to repay the federal tax credit if they live in their primary residence less than 36 months and are not members of the military.

The new rule also raises the qualifying income limits to $125,000 for single taxpayers and $225,000 for joint taxpayers, from the current $75,000 and $150,000.

The maximum allowed home purchase price is $800,000.

Both first-time home buyers and others must close escrow by June 30, 2010.

Military personnel, deployed overseas for a minimum of 90 days in 2008 or 2009, would have until April 30, 2011 to claim the tax credit.

By October 9, 2009, more than 1.2 million tax returns had claimed about $8.5 billion in the refundable federal tax credit, for both new and resale homes, according to the Treasury Inspector General for Tax Administration (TIGTA).

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You are reading a sample of "News that really hits home!", now available from several beats and published in a growing number of locations.

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, including 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 the first Examiner to cover three beats for the Examiner.com news service:
National Offbeat News Examiner
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Monday, June 29, 2009

Mother lode $18,000 tax credit for Californians about tapped out

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Legislation-in-limbo likely won't pour more money into the ground-breaking new home buyer tax credit in California, even though the credit has been a savior for thousands of buyers.

by Broderick Perkins
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Deadline Newsroom - California homebuyers who want the maximum $18,000 combined federal-state tax credit for buying a home this year are just about out of time as the Golden State runs out of cash, leaving only the smaller federal tax break.

Nearly 20,000 Californians who have qualified for the Golden State's new home buyer tax credit -- a maximum of $10,000 -- may have also enjoyed the maximum $8,000 federal first-time home buyer tax credit -- together an $18,000 tax credit and one of the best New Deals of the Great Recession.

But, by June 24, California had allocated $45 million of the credit's budgeted $100 million and had received applications for more than $100 million.

The state tax credit program was financed by a state budget perennially beleaguered by partisan in-fighting and lethargic legislative procedure -- not unlike the federal government during the Bush Administration.

As claims against the few-months-old state tax credit mounted, two pieces of state legislation designed to pump more time and money into the state credit -- SB 49 by Sen. Robert Dutton (R-Rancho Cucamonga) and AB 765 by Anna Caballera (D-Salinas) and Jose Solorio (D-Santa Ana), were parked in legislative purgatory.

On June 26, DeadlineNews.Com learned from sources inside both Dutton's and Caballera's offices that the bills were either in "suspense" or "awaiting committee assignment" -- often a death knell for wannabe law.

California new home buyer tax credit

To qualify for the $10,000 (single, married filing jointly) California tax credit, you needn't be a first-time home buyer, but you must buy a new, never-occupied California home -- single-family detached, condo, coop unit, manufactured or houseboat.

• You must also purchase the home as your primary residence between March 1, 2009 and March 1, 2010 and apply within a week of closing.

• You get the tax credit over three years, one-third of the credit each year.

• Stay put for two years or you must repay the credit.

For updates, visit California's Franchise Tax Board.

Federal first-time home buyer tax credit

For the maximum $8,000 (singles, married filing jointly) federal tax credit you must

• Never have owned a home or have not owned a home in the past three years.

• Purchase a new or resale home -- single-family detached, condo, manufactured or houseboat -- as your principal residence in 2009.

• Have a modified adjusted gross income (MAGI) of $75,000 or less (singles), $150,000 (married taxpayers filing a joint return). The tax credit falls incrementally for buyers with larger MAGIs. It disappears at $95,000 or $170,000.

• Keep your home for three years, or repay the credit.

More info? Search "First-Time Homebuyer Credit" on IRS.gov.

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You are reading a sample of "News that really hits home!", now available from several beats and published in a growing number of locations.

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, including 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 the first Examiner to cover three beats for the Examiner.com news service:
National Offbeat News Examiner
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Sunday, March 22, 2009

Irony: IRS hand-holding helps homeowners pay fewer taxes

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OMG! The Internal Revenue Service is reaching out to tell you how to pay fewer taxes through a new home buyer tax credit that you can get a lot faster than you might think. It's the brave new world of economic stimulus.

Golden State homebuyers hit tax credit mother lode

by Broderick Perkins
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Deadline Newsroom - The federal agency charged with collecting dues in Club America -- the Internal Revenue Service -- is advising first-time homeowners how to cash in on a new $8,000 tax credit that could also amount to a sizable refund.

Among other provisions available in the American Recovery and Reinvestment Act of 2009 (ARRA), qualifying taxpayers -- first time home buyers -- who purchase a new or resale home this year can receive up to $8,000 (singles, married filing jointly), or $4,000 (married individuals filing separately).

But first-timers don't have to wait until they file their 2009 tax returns next year. People can claim the credit much sooner and keep much needed cash in their purses.

A tax credit, by the way, reduces your tax due on a dollar-for-dollar basis. If you owe $10,000 in taxes one year and get an $8,000 tax credit, your tax due bill is only $2,000. If you don't own any taxes, the tax credit can come to you as a tax refund.

The IRS has taken on the role of tax saving advocate because ARRA's provisions are designed to stimulate the economy -- especially the housing component, which is considered an economic cornerstone. Putting more money in the hands of consumers, faster, gives them quick spending power. Consumer spending is the real force that fuels the economy and more spending ultimately means more jobs, more workers and, inevitably, more incomes to tax.

It sounds like a dirty job, but the IRS would be remiss not to do it.

"The new credit can get money in the pockets of first-time homebuyers quickly," said IRS Commissioner Doug Shulman in the federal tax agency's prepared statement.

"For people who recently purchased a home or are considering buying in the next few months, there are several different ways that they can get this tax credit -- even if they’ve already filed their tax return," he added.

Here are the options.

  • Get a filing extension. If you haven't filed your 2008 return, but plan to buy a home, you can request a six-month extension to October 15. File then and you'll get the credit faster than waiting until next year to file your 2009 tax return. File the extension electronically and the refund could be in your hands in 10 days, via direct deposit.
  • File now, amend later. If you are already due a hefty refund from your 2008 tax return and plan to buy a home soon, file your tax return on time for your refund due, but claim the credit later with an amended tax return.
  • Amend now. If you've already filed your tax return, but plan to buy a home, after the purchase file an amended tax return.
  • Wait. It may make sense to wait to claim the homebuyer credit next year on your 2009 return, say if you've got less income in 2009 than in 2008. However, you may want to grab the cash now if you have a good investment vehicle or say, want to make some improvements on your home.

Whatever decision you make, make it with the input of a tax professional to help you sort through the options.


• More details about the evolving tax credit are available on the IRS's "First-Time Homebuyer Credit" page.
• Learn more about ARRA tax benefits.
• For more tax breaks news that really hits home, read "New tax breaks on the house."
• For still more tax shelter news that hits home, visit the "Tax Shelter, On The House" section.

© 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, including 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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Monday, February 9, 2009

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
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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




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Wednesday, July 30, 2008

Bush Signs Landmark Housing Act

President Bush today signed legislation designed to ease the housing crisis and prevent similar collapses in the future. Read the $300 billion "Housing and Economic Recovery Act of 2008" and the new National Association of Home Builders' tax credit-related Web site to learn how the credit works.

by Broderick Perkins
© 2008 DeadlineNews.Com

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Deadline Newsroom - President Bush today signed legislation designed to ease the housing crisis and to prevent similar collapses in the future.

In the final back-and-forth between the U.S. House of Representatives and the U.S. Senate on the legislation, the House last week voted 272 to 152 to approve the "Housing and Economic Recovery Act of 2008". In a rare weekend session, the Senate followed with a 72 to 13 vote of approval.

President Bush agreed to sign the housing rescue package after initially voicing reservations about money for local communities to buy up distressed properties.

Unfortunately, the impact of the new legislation won't be felt until administrative issues are hammered out, likely by this fall or later.

In addition to helping communities with vacant properties, the package comes with stronger regulations for Fannie Mae and Freddie Mac, tax credits for first-time home buyers and higher limits (up to $625,500) on Federal Housing Administration (FHA) loans.

Not only is the government effort expected to save an estimated 400,000 homes from foreclosure, the legislation could raise the profile of an unconventional creative financing tool and push it into the mainstream of housing finance.

The give and take in the legislative fight has always included the creation of an FHA-sponsored equity sharing program (Hope For Homeowners) to refinance loans at a discount for home owners facing foreclosure. In return, home owners would share future equity gains with the FHA.

"The feds are about to take equity sharing to the next level," says Jeff Langholz, founder and CEO of HomeEquityShare.com, an online network that matches equity sharing partners.

First-time home buyer tax credit

Among other provisions is a maximum $7,500 tax credit for first-time home buyers or buying couples who have never owned a home or who haven't owned a home in the past three years. In the case of a couple, both cannot have owned a home ever or during the prior three years.

Eligible home owners are also those with homes that closed 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 full tax credit. In a "married filing separately" household a maximum credit of $3,750 can be claimed on each return.

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.

The credit, designed to provide a financial incentive for home buyers, 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 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. Details were still being ironed out, but taxpayers will likely be able to claim the credit on IRS Form 1040 and more information should be available in the next version of IRS Publication 530 "Tax Information For First-Time Homeowners."

Second home owners foot the bill

Unfortunately, the same law that gives home buyers some tax relief, takes away a tax-break windfall previously enjoyed by second home owners. To help foot the bill for the relief act Congress closed a loophole second home owners used to avoid capital gains taxes.

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 the housing relief act 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. For more information, see Publication 523, "Selling Your Home."

Other provisions include:

• GSE (government-sponsored enterprise) reform. The law reforms the regulation of Fannie Mae and Freddie Mac and permanently increases the conforming loan limit to help buyers in high-cost markets (to what) as the government temporarily expands its line of credit to Fannie and Freddie. It also permit the U.S. Treasury to purchase an equity stake in the companies through the end of 2009.

• Mortgage revenue bond program gives states the ability to issue an additional $11 billion in mortgage revenue bonds to help strapped borrowers seeking to refinance their home loans.

• An enhancement of the low-income housing tax credit to expand the supply of affordable rental housing.

The legislation is also based on five principles.

1. Long-term affordability. The program is built on the idea that creating new equity for troubled homeowners is likely to be a more effective way to avoid foreclosures. New loans will be based on a family’s ability to repay the loan, ensuring affordability and sustainable home ownership.

2. No investor or lender bailout. Investors and/or lenders will have to take significant losses in order to benefit from the proceeds of the loans refinanced with government insurance. However, these losses would be less than the losses associated with foreclosure.

3. No windfall for borrowers. Borrowers will share their new equity and future appreciation equally with FHA. Borrowers will pay for the FHA insurance.

4. Voluntary participation. This will be a voluntary program. No lenders, servicers, or investors will be compelled to participate.

5. Restore confidence, liquidity, and transparency. Credit markets frozen with risk aversion, in part, because banks and other financial institutions do not know what their subprime mortgages and related securities are worth. The uncertainty is forcing lenders to hoard capital and stop the lending necessary for economic growth. This program is designed to help restore confidence and get markets flowing again.

Learn more about equity sharing here.

Click here for a copy of the "Housing and Economic Recovery Act of 2008".

Click here for the new National Association of Home Builders' tax credit-related Web site which explains how the buyers' tax credit works.

Also see: "$700 Billion Bailout Overshadows $300 Billion 'Hope' "

Read still more bailout news that really hits home.

© 2008 DeadlineNews.Com

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Broderick Perkins, an award-winning consumer journalist of 30 years, is publisher and executive editor of San Jose, CA-based DeadlineNews Group -- DeadlineNews.Com, a real estate news and consulting service and Web site and the new Deadline Newsroom, DeadlineNews.Com's news back shop. In both cases, it's where all the news really hits home.


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Thursday, March 27, 2008

12 Tax Breaks, On The House

The definitive beginner's guide to the top tax breaks most homeowners are likely to encounter. This is a signature DeadlineNews.Com article you can't get anywhere else. Buy a copy, share it, but don't steal it.

by Broderick Perkins
© 2008 DeadlineNews.Com

Deadline Newsroom Special - Your home is more than just a shelter from the elements.

It's also a tax shelter -- about a dozen times over.

Here's an introduction to the 12 most common federal tax breaks -- new and old -- you are likely to encounter as a homeowner.

Keep in mind, tax rules and regulations are often complicated, confusing and rarely easy to decipher. Chances are, you'll need professional help to make sure you benefit from as many tax breaks as possible. A tax pro can also help you with California's state tax rules which sometimes jibe with federal rules, but sometimes don't.

First, two terms you need to know.

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.

Two of the newest home-based tax breaks are available from the federal Mortgage Forgiveness Debt Relief Act of 2007.

1. Forgiveness of Debt Tax. In some cases, when a lender allows the homeowner to forgo repayment of principal and or interest the borrower owes and discharges the debt, the debt is considered ordinary, taxable income. The new law 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.

"California does not conform to this new rule and you may still be subject to California taxes. It gets complicated," said Sam Kahn, an enrolled agent with Tax Reducers in San Jose.

2. Mortgage Insurance. The relief act also extends 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. The initial one-year provision for the deduction was set to expire Dec. 31, 2007.

Those qualified are families with an adjusted gross income of $100,000 or less. Families with incomes up to $109,000 are eligible for a partial deduction.

"For people who can't get a mortgage without mortgage insurance, the fact that it is now deductible is wonderful," said Leon Sivils who is an enrolled agent and real estate agent with HomeAmerica.net in San Jose

3. Energy Tax Credits. Another relatively new tax break was made possible by the Energy Policy Act of 2005. Tax credits of up to $500 are available for upgrading heating and air conditioning systems, insulation, windows, doors and thermostats, caulking, installing metal roofs and for otherwise putting the bite on energy waste. Qualified solar energy and fuel cell systems can net tax credits of up to $2,000. Related tax credits are also available for consumers who install clean-fuel vehicle refueling property at their principal residence.

4. Mortgage Loan Interest. This is considered the Mother Of All Tax Breaks, because mortgage interest payments comprise a large portion of your mortgage payment in you loan term's early years. Mortgage interest is deductible on a maximum of $1 million in mortgage debt secured by a first and second home. The $1 million level applies to married tax filers who file jointly and single taxpayers. Married taxpayers who file separately split the maximum 50-50.

Kahn says, "The $1 million applies basically to the amount of the original purchase, plus any capital improvements. It's not just a blanket $1 million."

Home equity loan interest is also deductible, but limited to the smaller of $100,000 (half as much for each member of a married couple if they file separately), or the total of your home's fair market value as determined by a complicated formula. You'll really need professional help deciphering this one.

5. Home Improvement Loan Interest. The interest on a home improvement loan is also deductible, but calculated differently. You can deduct all the interest on a home improvement loan, provided the work is a "capital improvement" rather than repairs, or maintenance. Capital improvements typically increase your home's value (say, because you added a room), prolong it's life (a new roof) or adapt it to new uses (Universal design improvements to assist older people or people with disabilities). You can get tax benefits from repair work (painting, repairing, etc.), but only when you sell your home. However, you could use a home equity loan to make repairs and deduct the interest -- up to the available limits.

6. Points. Points, each equal to 1 percent of the loan principal, are charged by lenders as a loan cost on some loans. Refinanced mortgage points are deductible too, but only when they are amortized over the life of the loan. Once you refinance a second time, the balance of the old points from a refinanced loan offer an immediate write off, as you begin to amortize the new points.

"There's one booby trap here for the unwary. If you refinance through the same lender, then the remaining unamortized points on the existing loan can't be deducted as a lump sum if it is replaced with a new loan from the same lender," said Leonard Williams, a certified public accountant in Sunnyvale.

7. Property Taxes. Property taxes or real estate taxes are fully deductible. Any local, city or state property tax refunds reduces your federal property tax deduction by an equal amount.

8. Capital Gains Exclusion. Home buying investors' best tax shelter comes from provisions in the Taxpayer Relief Act of 1997 which allows married taxpayers who file jointly to keep, tax free, up to $500,000 in profit on the sale of a home used as a principal residence for two of the prior five years. The amount is halved for those filing single or separately. The exclusion is available as often as you qualify (one home every two years) on an unlimited number of homes.

"The capital gains tax exclusion is huge around Silicon Valley," said Russell Barnett, an enrolled agent in San Jose.
Barnett says years of home price appreciation has piled on the gains for many homeowners. When it's time to sell, a half million in untaxed gain opens a lot of financial planning doors.

"Where else are you going to get tax free capital gain like that?" asked Barnett.

Kahn says the home can be owned by either spouse.

"It doesn't matter which spouse, as long as at least one spouse owns it," said Kahn.

Alfred Giovetti certified public accountant says "Tax preparers need to counsel their individual income taxpayers (clients) to be careful to establish a permanent file for the house, similar to a permanent file for vehicles, investments, and other long lived assets. This permanent file should contain, in chronological order, all work performed on the house, all refinance HUD-1 documents, all financing paid on home improvements and the home improvements themselves, and basically all money spent on the house just to be sure nothing is missed due to a misunderstanding.

Many items such as fences, outbuildings, permanent landscaping, trees, bushes, flowers, and other improvements outside of the house count toward the basis of the home just like new kitchens, roofs, bathrooms, additions, sunrooms. Items placed inside the house also increase basis, such as washers, dryers, refrigerators, stoves, light fixtures, carpets, and drapes that might be or will be sold with the house.

Taxpayers can discuss the file and what is in the file yearly with their tax professional at tax time or perhaps after tax time at a special appointment. The tax professional can give additional advice concerning how to keep the file. Many taxpayers get confused by the IRS statement that taxpayers only need keep their tax records for three years and forget the numerous exceptions to this general rule.

9. Home-Based Business Deduction. Home-based business owners who use a percentage of their home exclusively for business can deduct the same percentage of certain home-related costs. Included are a percentage of insurance and repair costs, utility bills, improvements and depreciation. You may still have to face a recapture tax if you've taken a depreciation deduction because of the home-based business.

Kahn says, "You can also deduct a percentage of your mortgage interest and real estate taxes to reduce your self-employment tax as well as income tax and put the rest of your mortgage and property taxes on Schedule A."

10. Selling Costs and Capital Improvements. When you sell your home, you can reduce any taxable capital gain by the amount of your selling costs, which include real estate commissions, title insurance, legal fees, advertising and inspection fees. Costs typically stemming from decorating or repairs -- painting, wallpapering, planting flowers, maintenance, and the like -- are no longer considered deductible selling costs.

11. Moving Costs. A move triggered by a new job comes with some deductible moving costs. To qualify, you must meet certain requirements including, moving within one year of starting your new job, moving 50 miles farther from your old home than your old job was and working full-time at the new job for 39 of 52 weeks following the move. Deductions include travel or transportation costs and expenses for lodging and shipping an storing your household goods.

"The deduction for lodging doesn't include temporary housing but in transit housing plus one night at the new employment location," said Kahn.

12. Mortgage Tax Credit. Mortgage Credit Certificates (MCCs) allow qualifying low-income, first-time home buyers to take a mortgage interest tax credit of up to 20 percent (the amount varies by local jurisdiction) of the mortgage interest payments made on a home. This credit is available every year you keep the qualifying loan and live in the house purchased with the certificate. To benefit, you must enter your local MCC program and adhere to its guidelines.

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Broderick Perkins, an award-winning consumer journalist of 30 years, is publisher and executive editor of San Jose, CA-based DeadlineNews.Com, a real estate news and consulting service, and the new Deadline Newsroom, DeadlineNews.Com's new backshop. In both cases, it's where all the news really hits home.



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