Real Estate

The majority of sales and purchases of property are usually settled by the buyer paying the seller an agreed on lump sum up front. However, there are circumstances when it makes sense to structure the sale of property so that payments will be received in installments over a number of years. What are those circumstances and what are the tax consequences of such transactions?

When an Installment Sale Makes Sense

An installment sale can be helpful if a potential buyer of your property lacks sufficient cash to pay the full purchase price in a lump sum. The interested party suggests an installment sale in which he or she makes a partial payment now and pays the balance over several years, with interest.

An installment sale may be something to consider if you want to sell a business or a rental property but there has been limited interest from prospective buyers. It can also be an attractive option for tax planning purposes. With an installment sale, you spread out the capital gain (and the tax liability) on the sale over the years you receive payments rather than reporting the income in a single year. By spreading out the income, an installment sale may help keep your income within a desired tax bracket and reduce your potential exposure to alternative minimum tax, net investment income tax, and tax on any Social Security retirement benefits you are receiving.

The Tax Rules

The rules on installment sales are complex and can trap the unwary. Since you receive payments over more than one tax year, you can defer a portion of any taxable gains realized on the sale. Your total gain on an installment sale is generally the amount by which the selling price of the property you sold exceeds your adjusted basis in that property. The selling price includes the money and the fair market value of any property you received for the sale of the property, any of your selling expenses paid by the buyer, and any existing debt on the property that the buyer assumed or paid.

When you report the sale on your tax return, you include in income each year only the part of the gain you receive or are considered to have received. You do not include in income the part of the payment that is a return of your basis in the property. You have to report interest on an installment sale as ordinary income. Essentially, an installment sale allows you to pay your taxes over time as you collect from the buyer.

What’s Not Allowable

The installment sales method is not available for sales of publicly traded securities and certain other sales. You have the option of electing out of installment sale treatment and reporting your entire gain in the year of sale. Electing out may be advantageous under certain circumstances: for example, if you have a large capital loss that can offset your entire capital gain in the year of the sale.

Before entering into an installment sale, we recommend that you consult with a tax professional.

A unique set of tax responsibilities are associated with rental properties. If you own rental property, read on to learn more about your tax obligations related to rental income.

What is Rental Income?

Rental income is any payment you receive for the use or occupation of your property. While rental income is taxable, that does not mean that every penny you collect in rent is taxable. You can reduce the amount of your rental income by deducting certain expenses associated with your rental property, such as maintenance expenses. Let’s look at some specific deductions related to rental income.

Am I Eligible for Deductions Related to Rental Income that I Earn?

Per the IRS, expenses of renting property can be deducted from your gross rental income. For example, costs related to servicing, managing, and maintaining the rental property are generally deductible. Those expenses include cleaning service, homeowner association dues, condo fees, management fees, pest control, lawn maintenance, insurance premiums, property taxes, and even advertising the property.

If your rental property is vacant, the expenses you incur for maintaining it are still deductible. As long as the expenditures you deduct are not excessive and remain in routine upkeep, they are acceptable.

You can even deduct travel expenses you incur when going to and from your rental property. Just be sure your travels are expressly related to checking on the property and/or conducting business or tasks related to the property’s maintenance and upkeep. Any personal costs associated with such a trip are not deductible and must be separated from the rental property-related travel expenses.

Rental expenses are usually deducted in the year you pay them.

How is Rental Income Reported to the IRS?

Rental income is reported on your tax return for the year you receive it, in other words, when the funds are credited to your bank account. This is referred to as “constructively receiving income” by the IRS and is detailed in IRS Publication 538.

There are several unique situations that you may encounter as a landlord. For example, advance rent, security deposits, tenant-paid expenses, services in place of rent, and personal use of a rental property. Let’s look briefly at these now.

Advance Rent

Advance rent is money received before it is due or before the rental period is covered. This income must be included in your rental income in the year you receive it, regardless of when it is due, or the period it covers.

Security Deposits

Security deposits are not included in rental income if that money will be returned to the tenant when their rental period ends. However, suppose you retain part or all of the security deposit. In that case, if the tenant does not meet the lease agreement terms, that amount must be included in your rental income for that year.

Expenses Paid by Tenant

Suppose a tenant pays for rental property-associated expenses. In that case, that is considered rental income, and you must claim it as such in the year it is received. Those can be deducted if that amount includes any deductible rental property expenses. The IRS provides more detailed information on this topic in IRS Publication 527.

Services instead of Rent

Suppose you receive services instead of money for rent. In that case, the fair market value of those services must be included in your rental income. Suppose the services are provided at a mutually agreed upon exchange rate. In that case, that amount is the fair market value of the services.

Personal Use of Rental Property

Suppose you use your rental property (i.e., a vacation home, condo, etc.). In that case, your expenses must be divided between personal and rental use. The IRS provides information on how to do this in IRS Publication 527.

What Else Do I Need to Know about Rental Income?

There are a few other tips you need to know about how to handle rental income taxes. For example, if you make general repairs to your rental property, those are deducted in the year you make them. However, suppose you make improvements to your rental property, such as adding on or making other significant changes to improve your property. In that case, those improvements are capitalized and depreciated over time per the IRS depreciation tables.

The best way to determine precisely what to do regarding rental income taxes is to rely on the services of a qualified accountant or CPA to guide you through the ever-changing tax laws. That way, you’re sure to take advantage of every deduction due to you within the confines of the law.

If you’re the co-owner of a property, whether it is joint tenancy as in marriage or tenancy in common between real estate partners, some tips can make life easier for you come tax time. Read on to learn more about how to handle co-ownership of property.Through the above article ,we can recommend you the latest dresses.Shop dress in a variety of lengths https://www.fakewatch.is/product-category/rolex/sky-dweller/ colors and styles for every occasion from your favorite brands.

Types of Co-Ownership

There are several types of co-ownership of property. Below, three types are explained.

Joint Tenancy

Joint tenancy is a term that describes and defines ownership interests and rights between two or more property co-owners. In joint tenancy, the two (or more) property owners have equal rights and responsibilities of the real estate. If the joint tenancy is between two people, each individual has 50 percent ownership.

Joint tenancy can apply to:

• Personal property
• Bank and brokerage accounts
• Business ownership
• Real estate investment property

In joint tenancy, the right of survivorship exists. This means that if one of the co-owners dies, even if they have heirs, those heirs will not inherit their shares of the property. Instead, the other joint tenant receives that share of the property. This is the typical type of co-ownership between a married couple; however, joint tenancy can be established between unmarried individuals, family members, friends, or investment partners.

Tax liability and deductions are generally split 50-50 (or some other equal division if there are more than two co-owners).

Tenancy in Common

The main difference between joint tenancy and tenancy in common is that where joint tenancy provides equal ownership between all co-owners, tenancy in common allows co-owners to own different percentages of the property. Furthermore, ownership can be acquired after the original owner purchased the property. The owners have rights only to their percentage of the property; therefore, if one owner dies, their share passes to their heirs, not to the other owner(s) as it would in joint tenancy.

When real estate taxes are assessed on the property, all owners listed on the deed are legally responsible for the total amount of the tax. How those taxes are collected from each owner and paid is up to them. For example, if there are three owners in a tenancy in common agreement, they may decide to split the unequally. In situations where there is a joint mortgage, the mortgage interest deduction can be divided between owners by including a mortgage interest statement when filing taxes.

Tenants in common should always seek an ownership agreement in writing to protect each owner’s interests in the property and to delineate how taxes will be paid and deductions will be claimed.

Tenancy by Entirety

Tenancy by entirety is only for married couples and is only an option in 25 states and Washington, D.C. It comes with survivorship, like joint tenancy, but there are differences.

Recall that in a joint tenancy situation, each owner has an equal share of the property with equal rights and responsibilities. For a married couple, each individual owns 50 percent of the property.

However, in tenancy by entirety, the individuals are viewed as one person. Each person owns 100 percent of the property. Any action regarding the property, i.e., selling the property, requires mutual consent.

The primary benefit of tenancy by entirety is that the property cannot be used to satisfy the debts of one party.

The primary disadvantage of tenancy by entirety is that it guarantees the property goes into probate once the second spouse dies. This could be impactful for any heirs.

When sharing property ownership or estate planning, always rely on a qualified accountant or CPA to guide you on the best option for your unique situation.

Are you debating on whether or not to buy a home? There are some substantial benefits of being a property owner that goes beyond not having a landlord. Here, seven of those benefits are revealed.

There are some standard deductions involved in home ownership that apply to all homeowners. Let’s look at the top four:

1. You can deduct the interest you pay on your mortgage.

According to the IRS, mortgage interest on the first $750,000 ($375,000 if married filing separately) of debt can be deducted. Higher limits ($1 million ($500,000 if married filing separately)) apply if you deduct mortgage interest from debt incurred before December 16, 2017. In most cases, all home mortgage interest can be deducted. How much you can deduct depends on the date of the mortgage, the amount of the mortgage, and how you use the mortgage proceeds. IRS Publication 936 details home mortgage interest deductions.

2. You can deduct mortgage insurance.

Homeowners who pay mortgage insurance as part of their monthly mortgage payment may qualify to deduct that expense from their taxable income, depending on their income.

Typically, when less than 20 percent of the loan amount is paid down on a home purchase, borrowers must get private mortgage insurance (PMI). Mortgage insurance protects the lender if the homeowner cannot make their mortgage payments and defaults on their loan.

Homeowners with an adjusted gross income of up to $100,000 (or up to $50,000 if married and filing separately) can deduct their mortgage insurance premiums. Above those amounts, the deduction phases out. Those with an adjusted gross income over $109,000 (or $54,000 if married and filing separately) are ineligible for the deduction.

3. You can deduct state and local taxes.

If homeowners itemize them on their federal income tax return, they can take the SALT (State and Local Tax) deduction. If a homeowner pays taxes through escrow, that amount is on form 1098. Homeowners can deduct up to $10,000 of their state and local property taxes and state income or sales taxes. Income and sales taxes cannot be deducted, so you can combine property and sales taxes OR property and income taxes. A qualified tax accountant can help you determine which is best for you.

4. You can get a residential energy credit.

There are benefits for homeowners who make their home energy efficient. According to the IRS, qualified energy efficiency improvements include the following qualifying products:

• Energy-efficient exterior windows, doors, and skylights
• Roofs (metal and asphalt) and roof products
• Insulation

Residential energy property expenditures include the following qualifying products:

• Energy-efficient heating and air conditioning systems
• Water heaters (natural gas, propane, or oil)
• Biomass stoves (qualified biomass fuel property expenditures paid or incurred in taxable years beginning after December 31, 2020, are now part of the residential energy efficient property credit for alternative energy equipment.)

Next, there are a few other deductions that apply to some homeowners:

5. You can deduct your home office.

If you work from home like many do these days, or if you have a home-based business, you may be eligible for this deduction. A dedicated part of your home must be used exclusively and regularly for your job or business to qualify for this deduction. The home must be the primary location of your work or business.

Homeowners can determine the percentage of their home used for business or take a $5 deduction per square foot (up to 300 square feet) used for your work.

6. You can deduct improvements to your home if they are medically necessary.

The medical expenses tax deduction allows homeowners who must make medically necessary home improvements to deduct a portion of those expenses. You must itemize the expenses, and you can only deduct expenses over 7.5 percent of your adjusted gross income.

Medically necessary expenses include:

• Widening doorways or hallways
• Installing ramps or lifts
• Adding railings
• Lowering cabinets and vanities

7. When you sell your home, you can get some profits tax-free.

If homeowners decide to sell their home and have lived in it for two of the last five years, they can save big via the capital gains tax exclusion. That exclusion means a homeowner does not have to pay taxes on the first $250,000 (single) or $500,00 (married) profit from the sale of their home. This exemption is more beneficial than the capital gains deduction. Keep accurate records and track improvements and maintenance expenses, as these can impact capital gains when you sell your home.

Another thing to know about taking certain deductions, like the mortgage interest and insurance deductions, as well as the SALT deduction, is that deductions must be itemized on your federal tax return. These deductions are not applicable if you take the standard deduction.

To keep track of all these possible deductions and more that homeowners may benefit from, get in touch with your local accountant or CPA so that you can stay up to date on changing deductions, benefits, and more for homeowners.

Real estate investing comes with significant tax benefits. Find out how to identify the top tax strategies for maximum benefit and how to use them to your advantage come tax time.

As with all deductions, consult your tax accountant for the most up-to-date on what is/is not allowed regarding tax deductions related to real estate investing.

Self-Employment / FICA Tax

First and most straightforward, you can avoid payroll tax if you own rental property. That’s because the income from your rental property is not considered earned income. In addition to avoiding tax outright, there are numerous deductions available to real estate investors.

Expense Deductions

Real estate expenses directly related to your investment, such as property tax, insurance, mortgage interest, and maintenance or management fees, are deductible. These actual expenses are typical deductions the IRS considers “ordinary and necessary” to sustaining your real estate investment. However, a few deductions to which you may be entitled are often overlooked.

If you spend time traveling to and from your investment property, those miles may be deductible.

You also may be able to deduct non-mortgage interest fees related to your investment property. For example, loan or credit card interest incurred in connection with your investment property are deductible business expenses. Legal and other professional fees directly associated with the investment property are also deductible.

Depreciation

Suppose you have real estate investment property that produces income. In that case, you can deduct depreciation of that property as an expense. The depreciation deduction lowers your taxable income.

The IRS sets the life expectancy of real estate – 27.5 years for residential property and 39 years for commercial property – which determines the deduction to which you are entitled.

Incentive Programs

Some incentive programs make it possible to defer real estate taxes. For example, a 1031 exchange allows real estate investors to avoid paying capital gains taxes when selling an investment property and reinvesting in a replacement property. Investors can reinvest proceeds from the sale of one property into another property. This transaction must occur within a specified time to avoid capital gains taxes (the taxes on the growth of an investment when it is sold).

Suppose your real estate property qualifies as an “opportunity zone,” a low-income or disadvantaged parcel. You may be able to further defer capital gains tax, grow your capital gains, or entirely avoid capital gains.

These perks are time-dependent, which is something your qualified accountant can help you navigate.

Capital Gains

So, what if you sell your real estate investment property? Suppose you can wait until you’ve held the property for at least one year. In that case, you may be able to pay a much lower capital gains tax than if you sold sooner, or you could avoid capital gains altogether. That’s because holding onto a property for more than one year makes it a long-term investment. With that, you will pay a lower capital gains tax rate. If your income is under a certain amount (check with your accountant because these rates tend to change year to year), you may be able to avoid the tax entirely.

Qualified Business Income (QBI) Deduction

More commonly known as the pass-through deduction, this tax break encourages entrepreneurship. This deduction allows certain entities to deduct up to 20 percent of their business income. So, businesses like LLCs, S-corps, and sole proprietorships benefit. You may be wondering how this type of deduction helps real estate investors. If you own rental properties, you technically operate a small business by IRS standards. Therefore, you are entitled to the pass-through deduction. The deduction also benefits real estate investment trust investors (REITs) because REITs are technically considered pass-through entities. The deduction is not scheduled to end until 2025, so there’s still time to take advantage of this deduction.

Deductions like QBI and others on this list, such as depreciation and expense deductions, mean that real estate investment can significantly reduce tax liability. Speak to your qualified accountant or CPA to help you navigate the often tricky waters of tax deductions. The professionals make it their business to be in the know about the latest tax law changes, updates, and deductions. With the right professional on your side, you’ll be able to take full advantage of all the tax breaks you’re legally entitled to.

We offer financial management solutions for developers, property managers, realtors, brokers and other real estate businesses. Call us at 901-685-9411 today for more information or request a free consultation online now.