For Homeowners

         
         
         
                              For Homeowners
         
         
          16) Selling your home?  Be sure you qualify for these
          tax breaks.  Fix-up expenses incurred prior to the sale
          will reduce the amount realized from the sale.  This in
          turn reduces the amount you have to invest in a new
          home to defer your gain, or the amount of taxable gain
          you will have.  But fix-up expenses must meet several
          tests before they can be used to reduce the amount
          realized.  The work must be performed during the 90
          days before the making of a sales contract that results
          in a final sale.  The expenses also must be paid no
          later than 30 days after the sale is completed.  The
          costs must not be capital expenditures or improvements
          (in which case they are added to your property's basis)
          and must not be otherwise deductible.  If your fix-up
          expenses do not meet these tests, you have
          non-deductible personal expenses.  So time your fix-up
          work carefully.
         
          17) Sell your home, but don't move.  The tax benefits
          can be outstanding.  When you are over age 55 and sell
          your principal residence, you can exclude from income
          up to $125,000 of gain on the home.  You must have
          lived in and owned the home for three of the last five
          years, though the ownership and residence need not be
          for the same three years.  You can use this provision
          to sell the home to your children or other family
          members.  The buyers won't need to put up any cash or
          qualify for a commercial mortgage.  The sale can be a
          private loan to the buyer, installment sale, or private
          annuity.  In any case, you will be receiving regular
          payments for a period of years or for the rest of your
          life.
               You will have turned your home's equity into cash
          without moving.  You also will have removed the home
          from your estate and transferred it to your children.
          The children can let you live in the home rent-free.
          The fair rental value of the home would be a gift from
          them to you.  An alternative is for the children to
          charge you fair market rent.  If you are charged rent,
          the children get depreciation deductions and other
          rental tax breaks.  Thus you will have helped them
          reduce their tax bills.  This strategy is extremely
          flexible and can be adjusted to meet the particular
          needs of you and your children.  (Letter Ruling
          8502027).  This is a good way for children to put a
          couple of hundred dollars a month into their parents'
          hands without tax consequences.  All that's needed is
          for the loan payments to exceed the rent received from
          the parents and the parents will come out cash ahead.
          Since the children will be receiving depreciation and
          other deductions, their tax savings will enable them to
          afford the difference.  This arrangement could be
          subject to the limitation on "passive" losses, but it
          should be easy for your children to argue that they are
          actively managing the property and are entitled to the
          loss deductions.  At any rate, the tax losses probably
          will not exceed the $25,000 per year limit on passive
          losses.  Beginning in 1994 the rules on passive losses
          have become more liberal.
         
          18) Double dip with tax exempt bonds.  This is another
          way to use the $125,000 exemption or the provision
          allowing you to defer gain on the sale of a home by
          rolling it over into another home.  First you sell your
          home for cash and buy a new home.  But you aren't
          required to use the actual cash proceeds from your old
          home to buy the new home.  You can make a down payment
          with some of the cash and take out a standard mortgage
          for the rest of the purchase price.  The remainder of
          your cash can be used to buy tax-exempt bonds.  The
          bonds will pay you tax-exempt income that can be used
          to make the mortgage payments.  In addition, the
          interest on the mortgage payments will be deductible.
          The IRS has ruled that this arrangement works.  (Letter
          Ruling 8530024)
         
          19) Help your child buy a home -- with the aid of the
          tax code.  Here are five ways to do it.  (1) Give your
          child the downpayment.  Make sure that the gift is less
          than the annual exclusion, so you won't owe any gift
          tax.  The exclusion is $10,000 per recipient per year,
          $20,000 if the gift is made jointly with your spouse.
          If both you and the child are married, you and your
          spouse can give $20,000 to the child and $20,000 to the
          spouse for a total of $40,000 gift tax free.  (2) Lend
          your child money to "buy down" the mortgage interest
          rate.  By making an advance deposit with the lender,
          your child might qualify for, say, a 7% mortgage
          instead of an 11% rate.  This low starting interest
          rate will eventually rise, but you hope your child's
          income will also.  (3) Buy the home yourself and rent
          it to your child with an option to buy.  This entitles
          you to deduct cash expenses plus depreciation, provided
          you charge the child a fair market rent.  (4) Your
          child buys the home but borrows the downpayment from
          you.  On a loan of less than $10,000 you need not
          charge your child any interest, and on a loan of less
          than $100,000 you have to charge interest only if your
          child's net investment income exceeds $1,000.  (5) You
          can enter into an equity sharing arrangement with your
          child.  Each of you puts up part of the downpayment and
          you take title as co-owners.  You each pay a
          proportionate share of the mortgage installments and
          upkeep.  Your child must also pay rent to you for your
          share of the house, and you can deduct rental expenses
          for your share.  You also share in the profits if the
          home goes up in value.
         
          20) If you don't want to leave your home to your kids,
          a strategy you should not ignore is to give the home to
          charity.  You can take a deduction for this gift now,
          though you continue to live in the home until you die.
          Here's how it works.  You give the charity what is
          known as a remainder interest in the home, and you keep
          a life estate.  The home is yours for as long as you
          live, but at your death the house becomes the charity's
          property.  You take a deduction now for the remainder
          given to the charity.  The size of the deduction is
          based on mortality tables issued by the IRS.  Since the
          deduction is for the value of the remainder interest,
          the older you are, the greater the deduction will be.
          If you are 50, for example, you will be able to deduct
          about 15% of the home's fair market value.  At age 75,
          you can deduct about 47% of the value.  A tax advisor
          can consult the current IRS tables to determine the
          exact amount of what your deduction would be.
               You might want to use this strategy even if you
          have children to whom you would ordinarily leave the
          home.  The children might end up with more money
          overall if you take the charitable deduction now and
          use the tax savings to buy a single premium whole life
          insurance policy payable to the children.  The policy
          can be kept out of your estate, and thereby avoid
          estate taxes.  This approach makes sense when the value
          of the policy is expected to exceed the value of the
          estate.  Since SPWL policies earn market returns and
          homes in many areas are appreciating at very low rates,
          this could be a sensible strategy.
               The 1993 tax law made this strategy better.  In
          the past, there was a possibility that the alternative
          minimum tax could take away the tax benefits of this
          transaction.  But the new law eliminates charitable
          contributions of appreciated property from the
          alternative minimum tax.
         
          21) Become a landlord before selling and boost your
          cash flow.  This strategy is useful for homeowners in
          areas with soft or depressed housing markets.  If your
          home is difficult to sell at a decent price, rent the
          home out while continuing to seek a seller at your
          price.  This will give you cash flow to continue making
          payments on the house.  In the past it was assumed that
          if you took regular rental deductions such as
          depreciation, you would not be able to use the $125,000
          exclusion or deferral of gain if the home were
          eventually sold for a profit.  But a federal appeals
          court has ruled that you can get both tax breaks.
          While renting the home you can depreciate it and get a
          year or two of tax sheltered income.  Then when the
          home is sold at a gain you can protect that gain.  If
          you plan to use the $125,000 exclusion you cannot rent
          the home for more than two years because the home must
          have been your principal residence for three of the
          five years prior to the sale.  In addition, the basis
          of the home for computing depreciation or capital
          losses is the lower of your regular basis and the fair
          market value on the date of conversion.  (Regs. Section
          1.167(g)þ1;1.1165þ9(b)).
         
          22) Your corporation can build you a house, on your
          land, then "give" it to you.  When you lease land to a
          tenant, any improvements the tenant makes (including
          the erection of a new building) become your property
          tax free when the lease is up.  This angle creates an
          interesting loophole whereby you can purchase raw land
          and lease it to your corporation.  The corporation then
          builds a house (the kind you happen to like) and rents
          it to you.  The corporation's lease payments to you for
          the use of the land are deductible to the corporation,
          and the company can also depreciate the house.  Your
          rental payments for the use of the house are income to
          the corporation.  When the land lease ends (say after
          20 years) the land and building are both yours.  You
          need not recognize any income as a result of the
          improvements the corporation made to your land, and
          your basis in the house will be zero (because you
          recognized no income).  If you sell the house, all the
          proceeds will be long term capital gain.  If you occupy
          the house as your residence, you can take advantage of
          the one-time $125,000 exclusion.  On the other hand, if
          you leave the property to your heirs, the basis to them
          will be the fair market value at the time of your
          death, and the capital gain will never be taxed.  Do
          not undertake the leasing arrangements we've described
          without expert tax and legal advice.
         
         
         

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