Understanding Capital Gains Tax

To understand the capital gains tax, we must begin by understanding exactly what is meant by “capital gains”. Capital gains is the income that a person gets from the sale of an investment. These investments may take the form of a piece of real estate property like a house or a farm. It can also be a family business or even a work of art. The capital gain is basically defined as the difference between the money that is realized from the sale of an asset and the price that was paid for it.

The amount of the tax that is imposed varies and actually depends on a variety of factors, which even include how long the seller has owned the investment/property as well as what type it is. The capital gains tax will not be asked for until the investment/property is actually sold. For instance, if the stocks in your portfolio have been appreciating in value, you can rest assured that you won’t have to pay any type of taxes on them unless you have actually sold the stocks.

Investors should also remember that unlike other taxes, the rate imposed on the capital gains tax is not fixed. The rate imposed will depend on how long the asset has been owned. A good example would be an asset that has been owned for less than year. The capital gains tax that will be imposed on the sale of this property will be at the same rate as an ordinary income. On the other hand, the tax rates that will be given on the sale of a property that has been in the possession of the owner for more than a year can end up being lower.

As with all other tax impositions, there are a few rules that you need to be aware of in order to prevent any kind of major tax liabilities.

One rule that you should remember is that in most cases you can completely avoid capital gains tax if the house that you are planning to sell is considered as your principal residence. In order for a house to be considered as the principal residence you must have taken residence there for two of the last five years. The two years imposed don’t necessarily have to be sequential years or even the most recent two years. Just as long as you fulfill the two-year rule the government will consider the house your principal residence. In fact, you don’t even need to be living at the house at the time that you sell your property.

Quentin James writes articles for the Common Sense Investor. Some of his recent articles focus on Real Estate. He also contributes to the blog Technology & Investing.

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Tax Tips for Home Buyers and Sellers in 2005

Primary residence buyers and sellers understand the fundamental tax benefits of owning a home. Many though aren’t aware beyond the typical deductions of mortgage interest and real estate taxes what and when other home buying or selling expenses can be deducted. The second step in determining the timeline for claiming an expense is separating deductions that can be taken now or costs that must be deferred that are considered part of the basis of owning a home.

-Basis is the starting cost for figuring a gain or loss when you sell your home. This starting cost is also used to determine depreciation if you use part of your home for business. Basis must be fair market value. Certain costs can be added to your basis or subtracted, which are called adjustments. Increases to adjustments are: putting an addition on your home, paving a driveway or installing central air-conditioning. Decreases to adjustments are: Casualty loss not covered by insurance, payments received for an easement granted, or depreciation if home is used for business or rental.

If you sold a home in 2005 the first step in deciding which column a home buying or selling expense goes under is to take a good look at the RESPA or Real Estate Settlement Proceedures Act form you received at closing or escrow. Take your RESPA and other home buying or selling expenses that you feel might apply to an experienced tax accountant, so they can organize and separate deductions from costs and eliminate non-deductible items. Deferred costs that figure into the basis of a home benefit sellers in the tax year they sold. Some of the out of pocket costs incurred by buyers in the purchase of a home might have to be delayed, which can come as a surprise to buyers.

To claim deductions you must itemize on Schedule A form 1040 and under IRS rules if you itemize you can’t claim the standard deduction. To see more tax information for first-time homeowners pick up Internal Revenue Form 530 for 2005. Many deductions or costs have exceptions that you must meet to claim a deduction or cost basis expense. Here are some basic guidelines that buyers and sellers should be familiar with before entering a contract to purchase or sell a home.

Deductions

-Mortgage interest. Your main or a second home must secure mortgages.

-Late payment charges on a mortgage. Only deductible if it wasn’t for a specific service in connection with your loan.

-Mortgage prepayment penalties. Only deductible if it wasn’t for a specific service in connection with your loan.

-Real estate taxes. Property taxes actually paid in the tax year.

-Home improvement, mortgage and refinancing loan origination points. You must meet set guidelines or spread costs over life of the mortgage.

Costs

-Transfer taxes. State, county or local. Charges you paid charged by governments when a home is bought or sold.

-Owner’s title insurance.

-Recording fees. Fees charge by governments to have mortgages, satisfactions, deeds and other legal documents registered into databases.

-Legal and Abstract fees.

-Property surveys.

-Real estate brokerage commissions.

-Local assessments that increase the value of your property. New sidewalks, streets, sewer and water systems are costs.

-Special homeowners association condominium assessments that cover capital improvements such as a new roof, not roof repairs.

-Charges for installing utility services for new construction.

Don’t plan on taking as a cost or deduction.

-Mortgage principal payments.

-Mortgage insurance premiums.

-FHA and VA funding fees.

-Credit report fees.

-Loan application fees.

-Loan assumption fees.

-Notary fees.

-Mortgage note preparation costs.

-Appraisal fees by mortgage lender.

-Home inspections.

-Moving costs. Unless you relocated to a new job, restrictions apply.

-Cleaning costs when moving in or out of a home.

-Condominium homeowner association assessments.

-Condominium homeowner association application, move-in and move-out fees.

-Rent for occupancy before closing.

-Homeowner’s insurance premiums.

-Wages for household help.

-Depreciation.

-Contributions to a tax escrow accounts that were not paid to a taxing authority.

-The cost of cable-TV, electricity, gas, telephone or water.

-Charges for services such as trash collection or periodic service charges for lawn mowing or snow shoveling when in violation of local ordinances.

-Repairs. An expense that keeps your home in ordinary and efficient operating condition such as fixing gutters leaks, broken windows and cracked drywall.

-Gifts to buyers or sellers such as flowers, gift baskets or entertainment.

-Your own labor for an improvement. An improvement is based on the actual costs of material labor except your own.

Cooperatives offer many tax benefits for homeowners, but they do have special tax rules. Consult a qualified tax accountant who specializes in cooperatives.

The IRS requires that you keep records that affect the basis cost and deductions until the limitations for income tax returns expires, typically a set period of time after you sell your home.

Mark Nash’s fourth real estate book, “1001 Tips for Buying and Selling a Home” (2005), and working as a real estate broker in Chicago are the foundation for his consumer-centric real estate perspective which has been featured on ABC-TV,CBS The Early Show, Bloomberg TV, CNN-TV, Chicago Sun Times & Tribune, Fidelity Investor’s Weekly, Dow Jones Market Watch, MSNBC.com, The New York Times, Realty Times, Universal Press Syndicate and USA Today.

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