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What Is an Installment Sale?

11/17/2017

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What Is an Installment Sale?
​If you use an installment sale to help sell real estate, you can benefit from tax deferral and potentially lower your overall tax bill. But you need to watch out for certain tax traps if you do.

What Is an Installment Sale?

You create an installment sale when you receive payments for sold property in the tax year of the sale and at least one other tax year. For instance, if you sell real estate for a profit in 2017 and receive payments in 2017 through 2021, your real estate transaction is an installment sale.

​Tax Implications

An installment sale creates a tax event in each year you receive payments. In the above example, part of your gain is taxable in 2017 and each year through 2021.

Be aware that real estate held longer than one year qualifies for favorable capital gains tax treatment. The tax rate on long-term capital gains is from 0 to 20 percent, compared with the top ordinary income tax bracket of 39.6 percent.
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You could also to pay all the tax due on the sale upfront, to avoid paying tax on the installments in future years. In some cases, you'll reduce your overall tax bill this way, though it may require some help with tax planning.

​Benefits of an Installment Sale

​With an installment sale, you may be able to lower your total tax on the sale of the property by spreading this income out over several years. In addition, the buyer will typically pay a rate of interest to you higher than a typical bank loan for the rest of the amount due.

​Installment Sale Tax Traps

Related parties caution. If you sell property to a related party and the property is then disposed of within two years, in most cases, all the remaining tax comes due at once. The tax law definition of “related parties” is more expansive than you might think. It includes:
  • Spouses
  • Children
  • Grandchildren
  • Siblings
  • Parents
  • A partnership or corporation in which you have a controlling interest
  • An estate or trust you’re connected to

To avoid this major tax surprise, consider stipulating in the contract that the property can’t be disposed of within two years.

Depreciation recapture potential. Also be cautious if you took any depreciation on the property in prior years. In some circumstances you will owe extra tax related to that depreciation when you sell the property.

Gains not losses. Be aware that installment sale treatment is only available for gains, not losses. Other special rules may apply, so reach out if you need advice specific to your situation.

Of course, tax reform discussions now in Congress might impact how installment sales and long-term capital gains are treated. If you're planning an installment sale, consider contacting Ellsworth & Associates for a consultation to discuss the tax implications.
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State Tax Authorities Becoming Very Aggressive When You Move

10/19/2017

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State Tax Authorities Becoming Very Aggressive When You Move
​Suppose you retire to a new state with warm weather and lower taxes. If you keep a part-time home in your original state or you later decide to return, you could have a tax problem. State tax authorities may argue you never really left, and that you owe them a big tax bill for all the income you earned while away. Here are tips to ensure this does not happen to you.

​Understand "domicile"

Tax residency is usually based on the concept of "domicile." You may have many homes, but you can only have one domicile. A domicile is the place you intend to be your permanent home, and where you intend to return after being away. When these cases go to court, they are often decided by determining a person's intentions regarding their domicile. Consider this hypothetical example:

Illinois resident Steve Seeyoulater moved to an apartment to pursue a lucrative job opportunity in Indianapolis, leaving his wife and children behind in Chicago. Steve reasoned that since he spent more than 70 percent of his time in Indiana, he could file his state return there and take advantage of its lower tax rate. The state of Illinois could easily disagree with Steve's assumption, since on the surface Steve intends for his permanent home to remain where his family is, in Illinois. 

​Know the rules before you move

​Before moving, research the residency rules in your home and destination states. They often vary from state to state. Some states have specific guidelines on the number of days its residents must be in the state. Others are less exact.

​Keep good records

​If you say you are in a state for a certain period of time, be ready to support your claim. If during an audit your credit card receipts conflict with where you claimed to be at the time, you will have problems.

​Demonstrate your intentions

If you're going to file as a resident of a new state but also have a potential tax claim in another state, you have to be able to demonstrate your sincere intent to change your domicile. Here are some things you can do:
  • Change your driver's license to reflect your new home.
  • Register to vote in your new state.
  • Relocate your checking and savings accounts to a local bank.
  • Use local service providers. Start going to a new, locally based doctor, dentist and church.
  • Make sure as many things "near and dear" to your heart are located in the new state. These can include your loved ones, pets or favorite personal items.
  • Spend the required amount of time in your new home, according to the state's tax laws.
The last thing you want is a call from a state auditor looking for income tax. By being prepared, you can greatly reduce the risk of a surprising tax bill. Reach out if you would like to discuss your unique situation.
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7 Tips to Remember When Renting

8/29/2017

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Renting an apartment or condo, leasing a piece of equipment, renting business property, or leasing a car all involve the common practice of borrowing something that is owned by someone else. This experience can easily become a nightmare with a bad landlord or if you don't understand your obligations. Here are some tips you can use to become a smarter renter.
  1. Read all agreements. Read the lease agreement thoroughly prior to signing. Ask for clarification of anything you do not understand. Look for clauses in the agreement that might suggest this property owner has problems with its current tenants. If it seems unfriendly, don't sign it.
  2. Negotiate upfront. Be ready to negotiate your lease terms upfront. If anything is unclear in the lease, have it clarified and put in writing. Do not depend on word of mouth. Be very clear about security deposits, first- and last-month rents, and services included in the lease.
  3. Follow the terms. Be the tenant that pays a little early, not the one that always pays late. That way if you ever need a little extra time to pay, you have established the necessary trust to do so.
  4. Proactive disclosure. If you think you will need a temporary exception to part of the lease, try to include it in your upfront negotiations. This could be something like a specific rent schedule or allowances for a pet. If this is not possible, consider proactively disclosing the exception to your property owner. This will help build trust and a reputation as a good tenant.
  5. Keep the property clean. This is especially important if you have a pet in a rental home. When landlords come into your home, you will build confidence if the place looks like you treat it as if you owned it. The same is true with rented equipment. Always return it cleaner than you received it.
  6. Know the owner and neighbors. Building a relationship with the property owner and your neighbors helps. If your neighbor has a problem, wouldn't you rather have them come to you than your landlord? Establishing a good working relationship with a landlord will help you when you need help with a problem in your apartment or with the equipment you rent.
  7. Leave with a smile. This is especially true for home and vacation rentals. When you leave, have the property cleaned and hassle-free for the landlord. Request a reference from the landlord for future rentals.
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Renters Miss out on Homeowner Benefits

7/27/2017

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Renters Miss out on Homeowner Benefits
​If you rent rather than own a home, you could be missing out on tax benefits that favor home ownership. The current low interest rates make the cost of getting a mortgage relatively inexpensive, despite U.S. house prices at record highs.

Whether you decide to wait for the housing market to cool, or wish to take advantage of low interest rates while they last, take these tax benefits of home ownership into account:
  • Equity build. When you pay rent, you’ll never see that money again. But when you pay your mortgage, you build equity that you realize when you sell your home. As long as the value of your home stays the same or improves, it's like a savings account built into your house payments.
  • Tax-free profits. Profits you make selling your home for more than you paid for it are usually tax-free, up to $250,000 for individuals and $500,000 for married couples filing jointly.
  • Mortgage interest deduction. Homeowners get to deduct the cost of the mortgage interest they pay as an itemized deduction. Since interest payments are front-loaded onto the early years of a mortgage, it makes this a big tax deduction for new homeowners.
  • Property tax deduction. Property taxes are also deductible by homeowners as an itemized deduction. The average U.S. homeowner pays just over $2,000 in property taxes, but this can be much greater in high-tax areas.
  • Mortgage interest rate point deduction. When you buy a home, you often pay your lender an extra fee to lower the interest rate on your mortgage. These “mortgage points” can be deducted from your tax bill over time, or all at once when you sell your house.

Buying a home is a complicated decision, especially in a seller’s market. But the tax savings over time can be significant. If you need advice on this or other tax-related matters, don’t hesitate to call.
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Buying a Home in a Seller's Market

7/1/2017

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Buying a Home in a Seller's Market
It's not an easy time to buy a house, but it can be done. Nationwide, US house prices rose to their highest levels ever in November and have stayed elevated, according to the Case-Shiller Index tracking single-family home sales. Residential inventories also reached their lowest levels on record during the first three months of 2017, the real estate data site Trulia reported.

With high prices and low supply, homebuyers have to tackle the buying process differently than they would in a flat or down market. If you can, it may be worthwhile to wait to buy a house until the market cycle changes. However, that's not always an option.

​Preparation Is Key
In a seller's market you'll be competing with other motivated buyers for the house you want, so there's a benefit to acting quickly. If you take these steps to prepare, you can be fast and competitive without being frantic.
  • Have your finances in order. Repair any issues to your credit rating; save as much as you can for down payment; and apply for a preapproval from your mortgage lender. If you can come to the negotiating table with a large down payment (20 percent or more is ideal) and your financing secured, you will be able to close your purchase more quickly.
  • Research. Investigate the kind of houses you are interested in and the price range you can afford. Know your target neighborhoods before you start looking. When you search, start below your minimum range, with the expectation that you may have to make a better offer if there are competing bids.
  • Get a good agent. In a tight market, having a reputable real estate agent with a good track record can give you an edge. Spend some time finding an agent who knows your target neighborhood and who can lend their expertise in closing a deal in a competitive marketplace. Now may not be a good time to work with someone new to real estate.

​Land Your Dream Home
Your finances are ready; you've researched what you want; and you secured the help you need. Here are the next steps to landing your dream home in a tight market.
  • Be nimble, be flexible. Now you should be primed to quickly investigate new listings within hours of their first posting, if possible. If you're interested in a house but an inspection finds a few flaws, you may have to be flexible about accepting a house with a few quirks or in need of some repairs.
  • Make a strong offer. A seller's market isn't a time to lowball your first offer on a house you want. If you've prepared and set your expectations below your minimum price range, you should be able to make a strong offer to make sure you are among the most attractive bidders. You shouldn't wildly overpay, but making a strategic offer above the listing price may sweeten the deal enough to close quickly.
  • Earnest money. You may consider offering an "earnest money" deposit to show you are serious. Just understand that you may forfeit your deposit if you later change your mind.
  • Few strings. Try to make your offer as simple as possible. The more contingencies, the more room for someone else to sneak in and snap up your target home. Flexible move in dates may help the seller navigate their purchase. Having to sell your home before buying theirs may create a snag versus another offer.

There are many resources available to you to navigate the home-buying waters. Spend some time finding the resources that work best for you and your situation.
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Cincinnati: 9624 Cincinnati Columbus Road, Suite 209, Cincinnati, OH 45241

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