Posts Tagged ‘tax exemption’

Serial Home Seller Tax Exemption, Part 3

Thursday, January 10th, 2008

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Advantages of selling a home every two years and claiming the exemption:

1. No more dealing with tenants

One of the biggest gripes of real estate investors is dealing with problem tenants. In fact, based on what I have heard from former investors that I have talked to, that is probably the biggest reason that investors decide to get out of the business. The next best thing to biting the bullet and learning how to deal with tenants through the school of hard knocks (or reading a copy of Property Management for Dummies), is to have no tenants.

Who wouldn’t want a world without tenants? It’s a dream come true! No more weekend calls about clogged garbage disposals and toilets not flushing. No more staying up late balancing the books. No more late payments and far-fetched excuses. No more rush to put the place back together and quickly rent it out again, when someone moves out. No more surprise midnight moves by tenants who get out under the cover of darkness.

2. Lower interest rate

Owner occupants can pay 1% less for their mortgages than people who don’t live in their investment properties. For a $200,000 house that can be an additional $132 a month, or $1,584 per year, that you don’t pay for your mortgage.

3. You control the whole process

If you become a serial home buyer/seller and move from one house to another every two years, you alone are in total control of your investment future. You’re captain of the ship.

Since you live in the house, maybe while you fix it up, you’re just making mortgage payments that you would be making anyway, if this wasn’t a business for you. So, you’re not out any extra money, except for the closing costs when you buy or sell.

If you decide you want to live in the house a few years longer, no problem. You can live there as long as you want to, 20 years if you like, and still take the tax exemption.

But you can also decide to buy and sell every few years, and each cycle buy a nicer home, like Suzanne Brangham did, as described in her book Housewise: the Smart Woman‘s Guide to Buying and Renovating Real Estate for Profit. She started in San Francisco in 1972 when she couldn’t find a job that she liked. She decided to create her own career. She started by investing $9,600 in a condo and wound up renovating and selling 71 houses and apartments.

Regarding self-reliance, Ms. Brangham says:

“The biggest lesson I learned in the property business in that there are no absolutes except yourself. Prices fluctuate; products change. Markets move up and down. Tax laws are rewritten every year. Interest rates are as predictable as unwired champagne corks. But there is one stable element in all of this: the person who renovates for profit.”

Disadvantages of utilizing the exemption every two years

1. No long-term profits

In addition to losing the headaches associated with tenants, you also lose many benefits by selling rather than renting. You lose:

a. An monthly rent payment. Its easy to get used to those once they start coming in.

b. Tenants are gradually paying off your mortgage for you.

c. Tax deduction for depreciation and for interest on your loan.

d. You lose the long-term appreciation of 5% per year. Its nice to have the option of cashing in on that appreciation by selling off a house or two when you are ready to retire.

2. It’s difficult to time the market

This is not a disadvantage of the exemption as much as a disadvantage of operating a business of buying and selling every two years. Under this investment strategy, you may not be able to time your house buying and selling to accommodate the fluctuations of the market. For example, many would say that now is not the best time to sell. Some real estate analysts say that cycles usually last between 2 and 10 years, and naturally the ideal time is to sell is when demand is high and the prices are up.

A similar problem exists for buying your properties, you may be caught in a cycle when prices are artificially high.

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What is the secret to overcoming these seemingly insurmountable obstacles? Where do you turn? What’s that up in the sky? A bird? A plane? Who was that masked man?

The next installment of this series will address some of those questions.

Part 4 of Serial Home Buyers/Sellers, What properties do serial home buyer/seller buy?

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Tax Exemption for Serial Home Buyers/Sellers, Part 2

Tuesday, January 8th, 2008

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How it works

Utilization of this tax exemption is one of the safest investment strategy for the conservative investor who wants to take few risks, not to mention for fixer upper house investors. Under this strategy, the investors can quality for the least expensive loan, the owner-occupied loan. There is no need to worry about tenants destroying your rental property or not paying the rent. You completely control the investment by living in the property yourself. When you sell, you have the opportunity to bring in up to $500,000 tax-free money every two years.

Here is an example to show how the exclusion works, illustrated in Table 1. You and your wife file jointly and you continuously buy and sell homes over the years, each time purchasing a more expensive home as a replacement. Let’s say that you bought a house for $300,00. For the last 5 years you have owned the home and it is now worth $600,000, with $300,000 worth of accumulated gain. If you were to sell your home now for $600,000, without the tax exemption you would be subject to a capital gains tax on $300,000. The amount of taxes saved with the tax exemption would be $84,000. Table 1 also illustrates other amounts of gains.

Table 1
Home Selling under the Taxpayer Relief Act Exemption
(assuming a 28% tax bracket)

Home/ purchase price/sales price/ capital gain/ tax saved

#1/ $150,000/ $200,000/ $50,000/ $14,000
#2/ $200,000/ $300,000/ $100,000/ $28,000
#3/ $300,000/ $600,000/ $300,000/ $84,000

Ownership and Use Tests

To qualify for the tax exclusion, you must pass both the ownership and use tests. This simply means that during a 5-year period, ending of the date of sale, you have:

1.) Been owner of the house for 2 years (ownership test)
2.) Lived in the home for w years and it was your main residence (use test)

Maximum Amount of Exclusion

A total amount of $250,000 can be excluded if all of the following are true:

1. You meet the ownership test
2. You meet the use test
3. You did not exclude the gain from another home sale during the 2-year period

A total amount of $500,000 can be excluded if all of the following are true:

1. You are married and filed a joint return for the year
2. Either you or your spouse meets the ownership test
3. Both you and your spouse meet the use test
4. Neither you nor your spouse excluded gain from the sale of another home during the 2-year period ending of the date of the sale.

Can You Get a Partial Exemption?

Unforeseen circumstances may allow you to claim a reduced exclusion if either one of the following is true:

1. You did not meet ownership and use tests due to :
– a change in location of employment
– health problems
– unforeseen circumstances (see below).

2. Your exclusion would have been disallowed because you sold more than one home during a 2-year period, except that you sold the home due to :
-a change in location of employment
-health problems
-unforeseen circumstances

Unforeseen circumstances can include:

1. Death
2. Divorce or separation
3. Not eligible for unemployment compensation
4. Multiple births from the same pregnancy
5. Damage to the home from natural disaster, war, or terrorism.
6. Condemnation, seizure, etc.

In these cases, the amount of capital gains tax the could be excluded would be based on the number of months that the home owner lived in the home during a 24-month period. If a home owner couple lived in their home for 12 months, they could exempt 50% of the $500,000 exclusion, or $250,000.

What are the advantages and disadvantages of becoming a serial home buyer/seller using the tax exemption?

The next installment we will examine that question.

Serial Home Seller Tax Exemption, Part 3

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Take Advantage of Tax Exemption When Selling, Part 1

Thursday, January 3rd, 2008

One of the most useful advantages for fixer upper house investors is also one of the most under-utilized. My wife and I bought a house we are presently repairing that we plan to sell utilizing the federal tax exemption. This generous gift from the all-wise lawmakers in Washington DC is part of the 1997 Taxpayer Relief Act.

The 1997 Taxpayer Relief Act was a great boost for average people who wanted to sell their home and buy a new one. It was also a great boost for investors. Couples are allowed to exclude up to $500,000 of the capital gain on the sale of their primary residence. Single individuals can exclude up to $250,000. In other words, the sale of the house is never reported on your federal IRS forms if the capital gain is less than the $500,000 and $250,000 limits. This exclusion is based on compliance with two requirements:

1. The home must have been the primary residence for both spouses during two of the last five years. The two years do not have to be consecutive but if you rent out the primary residence for more than three years you would be required to occupy it again for two years.

2. The exclusion is available only once every two years.

Capital gains above $250,000 for singles and $500,000 for couples are taxed at the applicable rate. What if you sell your house before meeting the two year requirement? If you qualify under one of the unforeseen events listed in the IRS publication, such as a job change, illness or an unusual hardship, you can still qualify for a prorated exclusion. Check Publication 523 for a complete list of unforeseen circumstances, at:

http://www.irs.gov/pub/irs-pdf/p523.pdf

There are many advantages to buying, repairing houses and selling after two years, while utilizing the tax exemption. My wife and I maintain rental properties that provides regular monthly income, but we are also buying and selling with the tax exemption, to generate cash for future investments, and just to have more cash on hand. I will cover more details of the tax exemption in up-coming posts, such as how it works, advantages to investors of using the exemption, what properties to buy, and other topics.

Tax Exemption for Serial Home Buyers/Sellers, Part 2

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