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Second Home or Vacation Home Tax Benefits Legal Tax Angles: How to Save Taxes Without Going to Jail Investing in a vacation home offers the same basic tax benefits as owning your own home. It isn’t the deduction for interest and taxes that makes it a tax shelter. The major tax benefit is the value of the use of the property on a rent-free and tax-free basis. Instead of using your money to earn taxable investment income, you are using it to provide vacation facilities that would otherwise have to be paid for with after-tax income. The investment of $50,000 in a lakeside cabin might be equivalent to an investment earning about $4,500 tax-free. If it would cost $150 per night to rent comparable facilities, the vacation home would have to be used at least 30 days per year to generate that much in the way of benefits. However, a vacation home can be rented for up to 15 days per year, and the income will be tax-free. So, if you use the property only 15 days and rent it for another 15 days (at $150 per day), you would still receive a “yield” equal to 9% per year after taxes. In addition, you would be likely to realize some substantial appreciation in the price of the vacation home over a period of years, and any gain from the sale would likely qualify as a tax-favored, long-term capital gain, at a maximum rate of 15% if the property were not depreciated. To the extent that a vacation home is financed, the interest expenses are deductible in the same way as interest on a primary residence. Any real estate taxes are also deductible if you itemize your deductions. To the extent that you rent the vacation home for more than 15 days per year, the income and related expenses could be reported on Schedule E and you could allocate a portion of the interest and taxes to that schedule. The tax law permits homeowners to sell their principal residence without owing a capital gains tax for the first $250,000 of gain. ($500,000 for a married couple filing jointly.) The trouble with that tax break is that you still need a place to live and you will end up using the money to pay rent. Consequently, the $250,000/$500,000 tax free gain on selling your home is a mixed tax benefit. But ... there is a way to get the full benefit of that tax break and to also end up with a residence without a mortgage, when you retire. Use some of your investment funds to buy a second home that will be adequate for your needs when you are ready to retire. Buy the home in a location where you want to live after you retire. That could be in the same town where you live now, at the seaside, on a lake or in the mountains. Make sure the home is also in an area where it will be easy to keep it rented most of the time, with good quality tenants. If you don’t want to manage the property yourself (or if it’s located out of town) locate a reliable real estate management company or find someone you can rely on to take care of the property for you - for a fee, or for a part of the rental income. Buy the home with a mortgage if you need to, but be sure that you will be able to make use of any tax deductions and that you can afford to handle the debt payment obligations if the property isn’t always rented. Then, the tenants will help you to make the mortgage payments. In about 15 to 25 years you will have a second home that is all yours, with no mortgage. When you sell your current
residence and make the election to take up to $250,000/$500,000 of
gain tax free, you can move to your second home and use the exempt
income to increase your retirement income. CAPITAL GAINS If you own some rental property, you can convert the rental property into residential property without having to pay taxes on the property. If your rental property isn’t the kind you want to live in, you can do a tax free exchange of the rental property before you convert it to residential property. With some careful planning, you could swap a small office building for some rental residential property and later convert that property into a retirement residence. INCOME SHIFTING Some parents I know had two or more children who attended the same university at the same time. These parents bought a small rental property near the university, in which the children lived. After the last child graduated, the house was sold. (It could also have been kept as an investment.) Letting your dependents occupy a home without rent is not a taxable gift. Of course, this tactic might not appeal to you if your children are strongly motivated to join a fraternity/sorority or to live in a college dorm. If you do buy a residence for your college age children to live in, no gift is involved unless you buy the residence in the name of your children. ESTATE AND GIFT TAXES If you have owned your vacation home for more than ten years, it’s probably worth a lot more than you paid for it. When you die, that untaxed gain remains untaxed. The house is re-valued at the current market value at the date of death. Any unpaid mortgage loans are paid and deducted from the estate proceeds. In the case of a jointly owned home, it’s almost treated as if there were two properties. One half is re-valued as described above. The other half retains the tax cost that it had. Thus, if a jointly owned home cost $50,000 (including improvements) and was worth $200,000 when you died, it would have a new tax cost of $125,000 for your surviving spouse. That’s 50% of the $200,000 value at the date of death, plus 50% of the $50,000 cost. The $250,000/$500,000 tax
free gain is wasted in the sense that the tax free gain and a step
up in basis isn’t available on the same residence. In order to
get the benefit of both, one residence must be sold to realize the
gain and a second residence must be purchased or obtained from the
conversion of rental property to personal use. Then the
second home can get a step up in basis at the time of
death. When a home is kept by a surviving spouse, part
of the potential tax free gain is reduced by the re-valuation
described above. If a home is gifted, the gift tax value is based on
the market value, but the tax basis to the donee is the same as the
basis to the donor. If any debt on the home exceeds the fair
market value of the home and the property is transferred by gift,
subject to the debt, then the donor will have taxable income to the
extent of any debt in excess of the value of the
property. Related Articles and Links Vern Jacobs Copyright, 2003 |
Books and Services by Vern Jacobs
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