
Your Home as a Tax Shelter
by Broderick Perkins
From the Nolo.com Real Estate Center
Your home shelters you from the elements, but it
is also a valuable tax shelter.
Your home provides many tax benefits -- from the time you buy it until
it's time to sell. Here's a summary of the tax benefits of home ownership;
you can get details by visiting the IRS website at
http://www.irs.gov.
Mortgage Interest
Joint tax filers can deduct all the interest on a maximum of $1 million
in mortgage debts secured by a first and second home. The maximums are
halved for married taxpayers filing separately.
You can't use the $1 million deduction if you pay cash for your home
and later use it as collateral for an equity loan.
Points
There are a variety of lender fees associated with getting a mortgage,
notably points. Each point equals 1% of the loan principal. One to three
points are common on many home loans, which can easily add up to thousands
of dollars. You can fully deduct points associated with a home purchase
mortgage. You cannot deduct a mortgage broker's commission.
Refinanced mortgage points are also deductible, provided they are amortized
over the life of the loan. Homeowners who refinance, however, can immediately
write off the balance of the old points and begin to amortize the new.
Mortgage Tax Credit
A homebuying program called Mortgage Credit Certificate (MCC) allows
qualifying first time homebuyers to benefit from a mortgage interest tax
credit of up to 20 percent of the mortgage interest payments made on a
home (it varies by jurisdiction). This credit is available each year you
keep the loan and live in the house purchased with the certificate.
The credit is subtracted, dollar for dollar, from the income tax owed.
For example, if you paid $10,000 in interest, your tax credit would be
$2,000. The remaining 80 percent of the interest -- $8,000 -- is taken
as a typical mortgage interest deduction.
Equity Loan Interest
You may be able to deduct some of the interest you pay on a home equity
loan. However, the IRS places a limit on the amount of debt you can treat
as home equity debt for this deduction. Your total home equity debt is
limited to the smaller of:
- $100,000 for a married couple filing jointly ($50,000 for those who
file separately), or
- the total of your home's fair market value -- that is, what you would
get for your house on the open market -- less certain other outstanding
debts against it.
The IRS rules about the home equity loan interest deduction are complicated.
IRS Publication 936 explains the details.
Home Improvement Loan Interest
There is no limit on interest deductions for home improvement loans,
provided the work is deemed "capital improvements" rather than
repairs.
Qualifying capital improvements are those that increase your home's value
or prolong your home's life, including a fence, driveway, new room, addition,
swimming pool, garage, porch or deck, new built-in appliances, insulation,
new heating/cooling systems, a new roof, landscaping and the like. (Do
keep in mind that capital improvements that increase the square footage
of your home could trigger a reassessment and higher property taxes.)
Work that doesn't qualify you for an interest deduction includes painting,
plastering, wallpapering, replacing broken or cracked tiles, patching
your roof, repairing broken windows and fixing minor leaks. Wait until
you are about to sell your home to gain tax benefits from repair work.
(See
Selling Costs, below.)
Property Taxes
Often referred to as "real estate taxes," property taxes are
fully deductible from your income. You can't deduct escrow money held
for property taxes until the money is actually used to pay your property
taxes. A city or state property tax refund reduces your federal deduction
by a like amount.
Home Office Deduction
Along with ordinary business expenses, such as photocopies and professional
memberships, you can deduct part of your rent or take a depreciation deduction
to the extent that a portion of the home you own is used for business
purposes.
Selling Costs
Real estate broker's commissions, title insurance, legal fees, administrative
costs and inspection fees are all considered selling costs. They also
include items otherwise considered repairs -- painting, wallpapering,
planting flowers, maintenance and the like -- provided you complete them
within 90 days of your sale and provided they were completed to make the
home more saleable.
All selling costs are deducted from your gain. Your gain is your home's
selling price, minus deductible closing costs, minus your basis. Your
basis is the original purchase price, plus capital improvements, minus
any depreciation.
Thanks to the Taxpayer Relief Act of 1997, many home sellers no longer
suffer a taxable gain. Married taxpayers who file jointly now get to keep,
tax free, up to $500,000 in profit on sales of homes used as a principal
residence for two of the prior five years. Single folks and married taxpayers
who file separately get to keep up to $250,000.
Moving Costs
If you move because you got a new job, you can deduct some of your moving
costs. To qualify for these deductions, your new job must be at least
50 miles from the old and you must work full-time at the new workplace
for 39 of the 52 weeks following the move. Deductions include travel or
transportation costs and expenses for lodging and storing your household
goods.
If you are self-employed, you must work full-time for at least 39 weeks
during the first 12 months and a total of 78 weeks during the first 24
months after arriving at the new job location.
Other Tax Benefits
Many federal tax benefits are also available from local and state tax
agencies. Contact your local tax agency for more information.
| Tax Law Information
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| For more information on tax laws involving
real estate transactions, visit the IRS website at
http://www.irs.gov. You will find much useful information,
including publications about selling your house (IRS Pub.
523), business use of your home (Pub. 521), moving expenses
(Pub. 587) and home mortgage interest deductions (Pub. 936).
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