Posts Tagged ‘tax’

The Truth About Obamacare’s Real Estate Sales Tax (It Doesn’t Exist)

Tuesday, July 3rd, 2012

Income TaxIt didn’t take long for old rumors to resurface about President Obama’s Affordable Care Act.

When “Obamacare” was first passed the blogosphere was up-in-arms that the AHA included an additional 3.8% tax on any real estate sale, and claimed, “that’s $3,800 on a $100,000 home.”

There were email chains passed along that said that anyone who sold a home would be subject to this tax.

Which is absolutely true, except for the fact that it is complete fiction.

The rumors have long since been debunked, yet after the Supreme Court upheld the Affordable Health Care Act earlier this week, I’ve heard some conservatives once again pushing this narrative.

But just like Bloody Mary or death panels, it’s just another urban legend that just won’t go away.

So kids once more with feeling, “There is no real estate sales tax in Obamacare.”

Now there is an additional capital gains tax included in the Affordable Care Act, and yes it will affect a narrow field of real estate transactions.

But here is what you need to know; the majority of taxpayers will not have to pay it.

So here is the truth, plain and simple.

There is a new tax on investment income which will cover the income from interest, dividends, rents, as well as capital gains. It’s not a transfer tax on real estate sales.

While the sale of a home can be subject to this tax, it is only if a number of criteria are met.

If you are a married couple making less than $250,000 or an individual making less than $200,000, then you cannot be taxed.
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Thinking of Doing a Short Sale? Better Act Fast!

Thursday, March 1st, 2012

It’s a great time to do a short sale.

Banks have finally realized they have much more to gain by agreeing to a short sale rather than allowing a home to go through foreclosure.

Data released by RealtyTrac today shows pre-foreclosure sales, which are often short sales, were up 15% in the fourth quarter of 2011.

It’s easier than ever before to walk away without a deficiency and maybe even thousands of dollars in your pocket.

And to top it off you usually don’t have to pay taxes on the debt you walked away from when you agreed to the short sale on your primary residence.

If you can’t stay in your home, this is frequently the best possible scenario.

You don’t have to pay taxes on that debt because of the Mortgage Forgiveness Debt Relief Act, which was enacted in 2007 as President George W. Bush was leaving office.

But like all good things, it may not last.

There is growing speculation that this tax break, which will expire at the end of 2012, will not be renewed.

Even though the bill passed with overwhelming bipartisan support and was enacted by a GOP President, tea partiers and Republican strategists alike seem fixated on the ‘moral contagion’ factor as well as the program’s $2.7 billion price tag.

Which means that if you agree to a short sale on your $200,000 home for only 150K, you could have to cough up taxes on the $50,000 of forgiven debt.

Currently the Debt Relief Act allows for up tax relief on up to $1 million of debt if you’re single, $2 million if you are married.

Once again there’s a lot of talk from some conservatives about the cost to the taxpayer. Never mind the fact that President Obama and the $25 billion settlement has made principal reductions and loan modifications the centerpieces for stabilizing the housing market.

So even the idea that this tax break might not see the light of day in 2013 is a slap in the face to everything the Attorneys General spent months haggling over.

The same government that is dangling the carrot of refinancing in front of you might very well bat it away with a massive tax bill.

Bottom line, if you’re thinking about a short sale, get started NOW. Short sales can sometimes take months to complete, and if you wait til one minute after the clock strikes midnight on December 31st, you run the risk of your beautiful stage coach turning back into a pumpkin.

It is of course an election year, so this lame brain duck Congress cannot be counted on to come through for homeowners. I thoroughly expect them to let the Debt Relief Act lapse, and once again you’ll be on the hook for taxes on ‘loan forgiveness income’.

Loan forgiveness income. If that’s not an oxymoron, then I don’t know what is!

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