Selling your home? What about the capital gains tax?

Ask the Biz Brain found in the Star-Ledger answers a question about the payment of capital gains tax upon sale of your home. It’s a worthwhile article, so it’s set out in full.

Q. I plan to sell my house in the spring of 2012 and relocate to another state. After I get a job and become familiar with the area, in about 18 months, I would like to buy another house. How long can I wait to buy a house before I have to pay capital gains on the money? Where would be a good place to invest or put the money until that time? -- Homie A.

The Brain hopes the housing market sees an upturn before your target selling date. But then again, a housing recovery will mean a higher purchase price for your new home.

If you are single, you can sell your home and any gain up to $250,000 is not taxable, and you do not have to ever buy another house, said Alan Meckler, a certified financial planner with Cornerstone Financial Group in Succasunna. If you are married you can exclude up to $500,000 in gain.

Meckler offers this example: If you are single and you originally paid $250,000 for your house and over the years you spent another $100,000 on improvements, the cost basis in the house would be $350,000. If you now sold it for $550,000, that would be a net gain of $200,000.

“You would not owe any capital gains or any form of taxes,” Meckler said.

You are also under no constraints to ever buy another home again. This law came into effect in 1997, under the Taxpayer Relief Act of 1997, he said. As always with tax rules, there are other qualifications you must pass.

“The individual or the couple need to have owned and lived in the property as their main residence for at least two years of a five-year period ending on the date of sale to qualify for the exclusion, and they may not have excluded the gain of another personal residence within the two-year period ending on the date of sale,” said Robert Bacino of Insight Financial Services in Flemington.

He recommends you consult with your tax preparer with regard to your particular circumstances in computing the actual gain or loss on the sale of the personal residence -- including state tax laws -- to determine to what extent the federal exclusion may apply and to properly report the sale on your personal federal and state income tax returns, Bacino said.

Now to the cash you’ll have to park after selling your current home but before you buy the new one. Meckler recommends you stay very conservative because you’re working with a relatively short time horizon. “You could look for a short term CD at the bank or money market account,” he said. “I would not recommend you investing in the stock market unless you had a five-year time frame.”

Good luck with your move, and Jersey will miss you!

If you would like to read the article on line, go here. 

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Stephen's Title Agency, LLC

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Fairfield, NJ 07004

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Sign of the times - mortgage assistance and income taxes

From Bankrate.com comes this question and its answer;

Is mortgage payment help taxable?

By George Saenz • Bankrate.com

Dear Tax Talk,

I am receiving money from my mortgage lender as part of a job loss mortgage protection insurance program. Are these payments taxable and if so, how would I report them?  -- Karen

Dear Karen,

I'm sure you had enough bad news when you lost your job. However, more bad news is that the mortgage assistance payments are considered other income by the Internal Revenue Service. The good news is that you can still deduct your mortgage interest as long as you itemize your deductions on Schedule A.

According to IRS Publication 525, if you receive benefits under a credit card disability or unemployment insurance plan, the benefits are taxable to you. These plans make the minimum monthly payment on your credit card account if you cannot make the payment due to injury, illness, disability or unemployment. Report on Form 1040, line 21, the amount of benefits you received during the year that is more than the amount of the premiums you paid during the year.

I don't see that there would be any distinction between credit card and mortgage insurance that would change the tax consequences. However, unlike credit cards, the interest on your mortgage is tax deductible.

Read more: Is mortgage payment help taxable?

For your next title order or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Stephen's Title Agency, LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-227-4724 - Fax 973-556-1628

E-mail Stephenstitle AT comcast.net - www.stephenstitle.com

Mortgage interest deduction in trouble

We’ve written previously about the threat to the mortgage interest tax deduction. Will it happen? There’s a good chance. The unanswered question is – what happens to the real estate marketplace?


Realty Times’ Carla Hill writes,

“For months now, experts have been debating the fate of the home mortgage interest deduction (MID). So why exactly are politicians targeting the MID? With a federal deficit of around $13 trillion, officials are hard-pressed to find ways to curb the growing the debt.

“ Some say there are better options available than keeping the MID, following suit of many European nations who have in recent years nixed the deductions themselves, but the National Association of REALTORS® (NAR) disagrees. They feel that this deduction is a strong incentive for homeownership. For nearly 100 years homeowners have been allowed to deduct the interest paid on mortgages for their primary residences, second homes and most home equity lines of credit.”

Frankly, the deduction of mortgage interest helped expand primary- and second-home ownership. Although not the primary incentive to home ownership, the deduction, when taken into account for budget planning, allows the buyer to buy a little bigger and better than her net income will allow. Call it a subsidy, if you will.

“NAR President Ron Phipps, states, "Recent progress has been made in bringing stability to the housing market and any changes to the MID now or in the future could critically erode home prices and the value of homes by as much as 15 percent, according to our research. This would negatively impact home ownership for millions of Americans, including those who own their homes outright and have no mortgage."

“Will Washington continue to allow taxpayers who own their homes to reduce their taxable income by the interest paid on the loan? Time will tell. It is dependent on finding alternative ways to curb growing anxiety over our growing debt.”

Good luck to us all.

Read the full Realty Times article.

For your next title order or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Stephen's Title Agency, LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-227-4724 - Fax 973-556-1628

E-mail Stephenstitle AT comcast.net - www.stephenstitle.com

Taxpayers to lose mortgage interest deduction? Yes, if commission has its way.

The New York Times reports on a new commission report urging the elimination of the mortgage interest deduction from income taxes.

“By proposing to curtail the tax deduction for mortgage interest, the president’s deficit commission is sounding an alarm.”

“The home mortgage deduction is one of the most widely used and expensive tax subsidies. More than 35 million Americans claim it, and the federal government estimates it will cost the Treasury $131 billion in forgone revenue in 2012. Its size, popularity and link to the emotionally charged American notion of homeownership has made it so politically sacrosanct that there are serious doubts whether Congress will even entertain the idea.”

So why raise it as an issue? “[T]o jar the public into recognizing the magnitude of the nation’s budget deficit and some of the drastic steps that might be needed to close it.”

But the mortgage interest deduction is a great benefit to middle-income homeowners. Won’t this dump more of the deficit reduction responsibility on this group? The answer is yes.

“The proposal, part of a draft by co-chairmen Alan K. Simpson and Erskine B. Bowles, suggested that the tax code could be streamlined, and income tax rates drastically lowered, by eliminating the $1.1 trillion in annual tax expenditure entitlements — subsidies and breaks given to targeted businesses and individuals. The commission chairmen also offered the option of capping the deduction at $500,000 on mortgages, rather than the current limit of $1 million.”

Once again, the specter of class-warfare is brought to the fore as

“The prospect brought an angry outcry. House Speaker Nancy Pelosi blasted the commission’s suggestions, saying it would force middle-class homeowners to subsidize tax breaks for the wealthy.”

“The mortgage interest deduction is one of the pillars of our national housing policy,” said Michael D. Berman, chairman of the Mortgage Bankers Association. “Limiting its use will have negative repercussions for consumers and home values up and down the housing chain.”

“But tax policy experts say that for all its popularity, the value of the deduction in public policy is debatable. It was intended to encourage homeownership, but housing economists point out that countries like Canada and Australia, which do not allow mortgage interest deductions, have homeownership rates similar to those of the United States.”

That may be true, but we are not in Canada or Australia.

Read the full article and see how the proposal may impact us all.

For your next title order or

if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Stephen's Title Agency, LLC

165 Passaic Avenue, Suite 101

Fairfield, NJ 07004

Tel 973-227-4724 - Fax 973-556-1628

E-mail Stephenstitle AT comcast.net - www.stephenstitle.com

Selling a vacation home? Tax treatment of furniture can catch you.

Karin Price-Mueller, the BizBrain at the Star-Ledger, fields questions from readers on a variety of matters. Here's one regarding tax treatment of furniture when selling a furnished home. (The question is shown in full.)

Q. When selling a furnished vacation home, can I add to my original basis the replacement costs of the furniture and accessories that came with my condo and that I have replaced over the years, such as TVs, rugs, couches, chairs, drapes and air conditioners? The condo unit was originally purchased for $80,000 plus a $5,000 furniture package, and we sold it furnished for $250,000. While I rented it out at times, I didn’t depreciate it. It was primarily a vacation home.

— Bob

"A. Even though you bought the home furnished all those years ago, you can’t include the furniture as part of your cost basis."

Essentially, you can only add improvements to the cost basis of the home, not furniture.

"Some examples of capital improvements that would qualify as an increase in cost basis include the cost of putting an addition on the home, replacing the whole roof, installing central air-conditioning, paving the driveway or rewiring the home."

"Adding the furniture to the cost basis is only asking for trouble, said Douglas Duerr, a certified financial planner and certified public accountant with U.S. Financial Advisors in Montville. "

Read the full article Furniture sold with home does not count toward cost basis.

And, as always, we recommend you speak to your tax advisor when undertaking any major financial transaction.

If you have questions about what you see here,
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Stephen's Title Agency, LLC
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