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Opportunity Can Disappear

In the last few years, some people who were unable to sell their homes, rented them instead. The market has improved in most places and the home may easily sell now and possibly, for a higher price.

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Even though the opportunity to sell in the near future might not change, there could be another opportunity that could quickly disappear for some homeowners.

Most homeowners are aware that there is a capital gain exclusion on the profits of a principal residence of up to $250,000 for single taxpayers and $500,000 for married taxpayers filing jointly. The rule requires that you must own and use the home as your principal residence for two out of the last five years.

A homeowner can rent their home for up to three years and still be eligible for the exclusion. As an example, if they had owned and lived in it for two years and then rented it for two and a half years, they would need to sell and close the transaction before the remaining six months expired.

If there was a $200,000 profit in the home that didn’t qualify for the exclusion, a 15% long-term capital gain tax of $30,000 could become due depending on the tax bracket of the owner. With some careful planning, the tax could be avoided. Awareness of the time frames and the right team of tax and real estate professionals could save a considerable amount of the homeowner’s equity.


Posted by Landa Pennington on July 4th, 2016 10:51 PM

Worth the Effort

“Anyone may arrange his affairs so that his taxes shall be as low as possible...” While Judge Learned Hand was talking about federal income taxes, it can be applied to property taxes as well.

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States have a process of assessing the value of a property based on a number of things that can include size, amenities, location and what the owner paid for the property. Most states make adjustments to that value annually. Once it has been published to the owner, there is a process available for those who disagree with the value.

  1. Learn the assessment process and what the filing deadlines are to apply. Since different states have different requirements, it is important to know the process in your area.
  2. Obtain your assessment records – they may be available online and you can find out how your value was determined. Check for mistakes in square footage, bedrooms, amount of land, etc. Then, verify if the comparable sales in the neighborhood support their position or not. Your real estate agent can be valuable in this area.
  3. Proceed to make your case from the lowest to the highest level necessary. It isn’t necessary to hire someone to represent you. Sometimes, just talking to employees at the tax assessor’s office may be enough. If not, there is a process for a hearing where you present your evidence and so does a representative from the assessor’s office. If this still doesn’t give you the remedy you want, you may need to proceed to the courts.

Challenging your assessment really isn’t an adversarial position. Their job is to assess a fair value and your job is to pay the least amount of taxes. Whether it be an employed assessor or a voluntary board, they have a job and they appreciate being treated professionally and courteously. 

Keep this last thing in mind: the people you’re presenting your case to have the ability to lower your taxes.

Posted by Landa Pennington on April 12th, 2016 9:01 PM

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