Tax Considerations

Can I deduct the loss I suffered when I sold my home?

The IRS allows no deductions for losses on the sale of your own home. There’s no way to use a loss to your advantage on your income tax return. It won’t matter what type of misfortune you may have run into, write Edith Lank and Miriam Geisman in Your Home as a Tax Shelter, Dearborn Financial Publishing, Chicago; 1993.

What are the rules on capital gains when inheriting a house?

When children inherit a home, the Internal Revenue Service determines their basis in the property on the date of the person’s death. The cost basis is not the amount the owner originally paid for the house. It is the property’s fair market value on the date of the mother’s death, says Pamela MacLean, assistant public affairs officer with the IRS.

Cost basis is a tax term for the dollar amount assigned to a property at the time it is acquired, for the purpose of determining gain or loss when it is sold. Assume the property was divided up equally. If one of the three siblings sold her share, she must pay capital gains tax for whatever profit she made over one-third of the new basis, MacLean said.

Other tax consequences include estate taxes. However, the estate must total $600,000 or more before tax issues become a concern. The IRS allow residents to pass on property, cash and other assets worth up to a total of $600,000 before charging the heirs any taxes, according to MacLean.

Regarding the transfer of ownership, quit claim deeds often are used between family members in situations such as this when an heir is buying out the other. All parties must be agreeable to dropping a name from the title. Other resources: IRS Publication 448, “Federal Estate and Gift Taxes.” Order by calling 1-800-TAX-FORM.

How are fees and assessments figured in a homeowners association?

Homeowners association fees are considered personal living expenses and are not tax-deductible. If, however, an association has a special assessment to make one or more capital improvements, condo owners may be able to add the expense to their cost basis. Cost basis is a term for the money an owner spends for permanent improvements throughout their time in the home and is used to reduce eventual capital gains taxes when the property is sold. For example, if the association puts a new roof on a building, the expense could be considered part of a condo owner’s cost basis only if they lived directly underneath it. Overall improvements to common areas, such as the installation of a swimming pool, need to be considered on a case-by-case basis but most can be included in the cost basis of any owner who can show their home directly benefits from the work. Check with your real estate tax professional.

To find out more about how the IRS views condo association fees, look to IRS Publication 17, “Your Federal Income Tax,” which includes a section on condos. Order a free copy by calling (800) TAX-FORM.

How do I reach the IRS?

To reach the Internal Revenue Service, call (800) TAX-1040.

Where do I get information on IRS publications?

The Internal Revenue Service publishes a number of real estate publications. They are listed by number:

  • 521 “Moving Expenses”
  • 523 “Selling Your Home”
  • 527 “Residential Rental Property”
  • 534 “Depreciation”
  • 541 “Tax Information on Partnerships”
  • 551 “Basis of Assets”
  • 555 “Federal Tax Information on Community Property”
  • 561 “Determining the Value of Donated Property”
  • 590 “Individual Retirement Arrangements”
  • 908 “Bankruptcy and Other Debt Cancellation”
  • 936 “Home Mortgage Interest Deduction”

Order by calling 1-800-TAX-FORM.

Are points deductible?

Points paid by the buyer or the seller are deductible for the year in which they are paid.

What are the rules for mortgage credit certificates?

To qualify for a mortgage credit certificate, both your income and the purchase price of the home must fall within established city guidelines. These guidelines vary by city but generally only permit people who earn an average income or slightly higher than average income.

A limited number of cities have authorized the MCC program. Contact your municipal housing department for more information.

Why buy a house?

Here are some frequently cited reasons for buying a house:

  • You need a tax break. The mortgage interest deduction can make home ownership very appealing.
  • You are not counting on price appreciation in the short term.
  • You can afford the monthly payments.
  • You plan to stay in the house long enough for the appreciation to cover your transaction costs. The costs of buying and selling a home include real estate commissions, lender fees and closing costs that can amount to more than 10 percent of the sales price.
  • You prefer to be an owner rather than a renter.
  • You can handle the maintenance expenses and headaches.
  • You are not greatly concerned by dips in home values.

How do I save on taxes?

Here are some ways to save money on taxes:

  • * Mortgage interest on loans up to $1 million is completely deductible for the year in which you pay it to buy, build or improve your principal residence plus a second home.
  • Points, or loan origination fees, also are deductible no matter who pays them, the buyer or the seller.
  • Most homeowners, except the wealthy and those living in high-priced markets, no longer need to worry about capital gains taxes. The exemption has been raised to $500,000 for married couples and $250,000 for single owners. It can be taken every two years. Homeowners should always keep all receipts of permanent home improvements and of mortgage closing costs. If you do have to pay capital gains taxes, these costs can be added to your adjusted cost basis. Consult your tax adviser for more information.

Resources:
* “Tax Information for First-Time Homeowners,” IRS Publication 530, and “Selling Your Home,” IRS Publication 523. Call (800) TAX-FORM to order.

Are seller-paid points deductible?

As of Jan. 1, 1991, homeowners have been able to deduct points paid by the seller. This deduction previously was reserved only for points actually paid by the buyer.