Author: Howard Tax Prep LLC

Howard Tax Prep LLC is authorized to represent our clients in front of the IRS, and we are your #1 source for tax reduction & wealth building strategies. Our practice is focused on showing clients how to LEGALLY reduce their taxes, and properly structure their small/medium business in the areas of accounting, bookkeeping, and compliance. You can research our credentials on the IRS.gov directory of CREDENTIALED & QUALIFIED tax preparers under Howard, 60647, and check the box that reads: Annual Filing Season Program Participant. In addition to tax preparation, we also provide tax help for notices received from the IRS. Howard Tax Prep LLC Chicago tax resolution services can help you settle tax debt, negotiate monthly payments, or apply for a tax debt hardship. If you have received an IRS notice CP2000, IRS notice CP504 intent to levy letter, or a notice before collection action letter, please contact us IMMEDIATELY. The longer you wait, the worse the situation becomes.
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Tax Consequences of a Short Sale of Your Principal Residence.

Howard Tax Prep LLC

Here in our Chicago South Loop Tax Preparation office, we are meeting more taxpayers who are struggling to meet their financial obligations. Reasons for taxpayers’ lack of funds range from being laid off from work to increased property tax bills, in some cases with increases of up to 200%. Of course, with reduced incomes, some homeowners are unable to pay their mortgages on time, if at all. Read on to see the tax consequences of choosing the alternative option to foreclosure.

Many homeowners don’t want to go through the stress and embarrassment of a foreclosure, and most don’t want to damage their credit rating any further than necessary. While a short sale will still impact the homeowner’s credit rating, it will not have as significant an impact on the credit rating as a foreclosure would. Fortunately, there is an alternative for homeowners having trouble making their mortgage payments: a short sale.

Short sales avoid foreclosure, but they can result in tax liabilities. In a short sale, homeowners sell their home in a regular sale through a real estate agent for less than the amount of their mortgage. The lender accepts the sale proceeds, releases the mortgage lien on the property, and typically writes off the remainder of the loan as an uncollectible debt.

Lenders agree to short sales only where it’s clear that

  • the home is worth less than what the homeowner owes, and
  • the homeowner is financially unable to keep up the mortgage payments due to job loss, health issues, death, or other hardship circumstances.

Typically, a short sale involves forgiveness of part of the mortgage debt owed by the homeowner. Debt forgiveness can constitute taxable income to the borrower. Whether the debt forgiven in a short sale is taxable income depends on several factors, including whether

  • the mortgage is a recourse or a non-recourse loan,
  • the forgiven debt qualifies for the qualified principal residence indebtedness exclusion, or
  • the homeowner was insolvent at the time of the debt cancellation.

Forgiveness of a non-recourse loan (a loan for which the borrower is not personally liable) does not result in taxable income to the borrower. Twelve states allow only non-recourse home loans, but recourse loans (click here to read about recourse loans) are standard practice in the other 38 states.

Fortunately, for underwater homeowners who have recourse loans, Congress passed the Mortgage Forgiveness Debt Relief Act in 2007. Thanks to this law, up to $750,000 of “qualified principal residence indebtedness” forgiven by a lender is excluded from tax. This exclusion remains in effect through 2025 and applies only to debt to acquire or build the taxpayer’s principal residence.

Example. Susan Taxpayer’s primary residence has a $750,000 recourse mortgage loan, for which she is personally liable. Since she purchased the home, its value has declined to between $600,000 and $650,000.

Susan lost her job and can’t find another job with a salary large enough to pay her mortgage. Presented with these facts, Susan’s lender agrees to allow a short sale of the property for $635,000 and cancels the remaining $115,000 of mortgage debt. The $115,000 is qualified principal residence indebtedness that Susan may exclude from income tax.

Homeowners who don’t qualify for the qualified principal residence indebtedness exclusion can still avoid paying tax on their canceled indebtedness if they were insolvent when the debt was canceled. Taxpayers are insolvent if their total liabilities exceed the fair market value of all their assets immediately before the cancellation of the debt. It’s likely that most homeowners who can get their lenders to agree to a short sale qualify as insolvent.

Example. Tina Taxpayer’s main home has a $3,000,000 recourse mortgage loan. The home has declined in value to between $2,000,000 and $2,250,000.

Tina’s lender agrees to a short sale for $2,150,000 and cancels the remaining $850,000 of mortgage debt. Tina does not qualify for the exclusion for qualified principal residence indebtedness because more than $750,000 of debt was discharged, but she may still exclude the $850,000 from her income if she was insolvent when her lender canceled the debt.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure tojoin our newsletter for more tips on reducing taxes, and increasing your wealth.

Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a Homewood IL, &  South Loop of Chicago tax preparation and accounting office.

Family Taxes, General Information, General Tax Topics, Tax Credits, Tax Debt, Tax Deductions, Tax Planning, Tax Reduction

Energy Tax Credits for Homeowners

Howard Tax Prep LLC
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Here in our Chicago South Loop Tax Preparation office and our Homewood Il Tax Preparation office, we work with homeowners and real estate investors that are looking to save on their taxes. As we always say, when it comes to taxes, the best tax benefit is a tax credit, because you receive the amount on a dollar-for-dollar basis, versus tax deductions which only slightly reduce your taxable income. To say it another way, a $2,000 tax credit saves you $2,000 in taxes.

Energy Efficient Home Improvement Credit

Per the IRS, “if you make qualified energy-efficient improvements to your home after Jan. 1, 2023, you may qualify for a tax credit up to $3,200.” The Efficient Home Improvement Credits help homeowners pay for various types of energy efficiency improvements. The credit is 30% of energy property cost up to $1,200, and $2,000 per year for qualified heat pumps, biomass stoves, or biomass boilers. Since more people will qualify for the energy-efficient improvements, we’ve outlined the details below.

  • Exterior doors (energy star approved). Max 2 doors, $250 each, total credit amount $500. Example, door cost $1,300; 30% of $1,300 is $390. Although 30% of the cost is $390, the taxpayer can only get $250 of the $390 (per door up to $500).
  • Exterior windows & skylights that meet Energy Star Most Efficient certification requirements; max credit amount $600.
  • Electric panel upgrades. 30% of the cost up to $600.
  • Home insulation. 30% of the cost up to $1,200.
  • Central air conditioner. 30% of the cost up to $600.
  • Furnace, heat pumps, water heaters, and hot water boilers. 30% of the cost.
  • Home energy audits. 30% of the cost up to $150.
  • Heat pumps, biomass stoves, or biomass boilers. $2,000 per year.

What if I earn a high income?

The great thing about this credit is that even those that earn higher incomes can take advantage of the credit (because there are no maximum income thresholds).

How many times can I claim this credit?

Although the Energy Efficient Home Improvement Credit has a $1,200 annual cap (with limits on specific items), you can claim the credit each year through 2033. Some homeowners are choosing to perform energy efficiency projects over several years, so that they can claim the credit each year.

Will this credit increase my tax refund?

It depends! The credit is nonrefundable, meaning if you don’t owe any tax, you will not receive the credit as a refund check. However, the credit can reduce what you owe, helping you to receive a refund of the income taxes withheld by your employer.

Can I carry this tax over to another year?

No, you can’t carry the credit over to a future tax year.

Who can claim the credit

Homeowners that use the property as their main residence, or a vacation home.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure tojoin our newsletter for more tips on reducing taxes, and increasing your wealth.

Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a south loop of Chicago tax preparation and accounting office.

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How to write off startup cost/ expenses on a rental property.

Howard Tax Prep LLC

In our South Loop of Chicago Tax Preparation office, and our Homewood, Il tax preparation office, we often encounter taxpayers who want to generate additional revenue without having to take on a second job or a time-consuming activity. In most cases, taxpayers express an interest in becoming a commercial or residential landlord; however, prior to becoming a rent-collecting landlord, you’ll likely have to spend a lot of money researching and preparing the property for rental. The good news is that the tax code treats some of those monies as start-up expenses.

What Are Start-Up Expenses?
“Start-up expenses” are certain costs (money spent) you incur before a new business begins. In the case of a rental property business, these are costs incurred before you offer the property for rent.

Unlike operating expenses (the cost you spend on monthly bills such as internet, rent, office software etc.) for an existing business, start-up expenses can’t automatically be deducted in a single year because the money you spend to start a new rental (or any other) business is a capital expense—a cost that will benefit you for more than one year.

Normally, you can’t deduct start-up expenses until you sell or otherwise dispose of the business. But a special tax rule allows you to deduct up to $5,000 in start-up expenses the first year you are in business, with the remaining cost being deducted over the next 15 years.

There are two broad categories for startup cost:

  1. Investigatory–Cost incurred as part of a general search to determine whether to acquire or enter a new business and which new business to enter. For example, you may deduct fees paid to a market research firm to analyze the demographics, traffic patterns, and general economic conditions of a neighborhood.
  2. Pre-opening costs, such as advertising, office expenses, salaries, insurance, and maintenance costs.

Your cost of purchasing a rental property is not a start-up expense. Rental property and other long-term assets, such as furniture, must be depreciated (cost spread out over time) once the rental business begins.

On the day you start your rental business, you can elect to deduct your start-up expenses.

The deduction is equal to

  • the lesser of your start-up expenditures or $5,000, reduced (but not below zero) by the amount by which such start-up expenditures exceed $50,000, plus
  • amortization of the remaining start-up expenses over the 180-month period beginning with the month in which the rental property business begins.

When you file your tax return, you automatically elect to deduct your start-up expenses when you label and deduct them on your Schedule E (or other appropriate return).

Additionally, travel expenses to get your rental business going are deductible start-up expenses with one important exception: travel costs to buy the targeted rental property are not start-up expenses. Instead, they are capital expenses that must be added to the cost of the property and depreciated.

Costs you pay to form a partnership, limited liability company, or corporation are not part of your start-up expenses. But under a different tax rule, you can deduct up to $5,000 of these costs the first year you’re in business and amortize any remaining costs over the first 180 months you are in business.

Note that the cost of expanding an existing business is a business operating expense, not a start-up expense. As long as business expansion costs are ordinary, necessary, and within the compass of your existing rental business, they are deductible.

The IRS and tax court take the position that your rental business exists only in your property’s geographic area. So, a landlord who buys (or seeks to buy) property in a different area is starting a new rental business, which means the expenses for expanding in the new location are start-up expenses.

You can’t deduct start-up expenses if you’re a mere investor in a rental business. You must be an active rental business owner to deduct them.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure tojoin our newsletter for more tips on reducing taxes, and increasing your wealth.

Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a south loop of Chicago tax preparation and accounting office.

General Information, General Tax Topics, Small Business, Tax Deductions, Tax Planning

Make The Closing Statement Work for You When Buying Rental Property.

Howard Tax Prep LLC
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In our South Loop of Chicago Tax Preparation office, and our Homewood, Il tax preparation office, we often come across taxpayers that want to reduce their tax bill and save money (legally). Because we specialize in small business owner and real estate investor tax preparation & tax planning, we often come into contact with new landlords.

Most of your purchase costs when acquiring a rental property will be detailed in the real estate closing statement or the closing disclosure. The closing statement is a financial instrument, not a tax document.

You need to go through each line item in the statement and assign it to one of the three following tax categories:

  • Basis
  • Loan Acquisition
  • Operations

Then, once you have divided your expenditures into these three categories, you often need to consider the best tax strategies for each. For example, in the basis category, you assign costs to land, land improvements, buildings, and personal property. Each dollar assignment has an impact on your profits.

This article provides a useful guide of information to help you build your rental property profits on the day you close escrow.

1. Basis

Generally, your basis (a fancy way of saying the money you put into something) is the total cost you pay for the property, including your costs of obtaining and perfecting the title. Once you have this total cost, you allocate that cost to land, land improvements, buildings, and equipment, and then you depreciate all but the land.

1.1 What Goes into Basis

Examine the closing statement to identify expenditures that you should include in your basis. The following list gives you some of the items you usually would include:

  • Contract price
  • Personal property
  • Abstract (title search) fees
  • Escrow fees
  • Legal fees (for the title search, sales contract, and deed but not for the loan)
  • Real estate commissions (generally paid by the seller; include in your basis if paid by you, the
  • buyer)
  • Recording fees
  • Surveys
  • Transfer or stamp taxes
  • Title Examination
  • Amounts you paid on behalf of the seller, such as back taxes, back interest, recording fees,
  • mortgage fees, charges for improvements and repairs, and sales commissions
  • In addition to what appears on the closing statement, make a review of your credit card statements and checkbook
  • to identify other costs that apply to the purchase of this property.

1.2 Allocating Basis to Assets

You allocate basis to land, land improvements, buildings, and equipment based on fair market values at the time of purchase.

2. Loan Acquisition

When you buy rental property, tax law divides your loan costs into two categories:

  • Costs you incur to obtain the loan
  • Costs, like points, that decrease the mortgage interest rate

2.1 Costs to Obtain the Loan

You write off the costs of obtaining the mortgage over the life of the mortgage using the straight-line amortization method. Costs you include in this write-off include:

  • Mortgage commissions
  • Abstract fees
  • Mortgage recording fees
  • Mortgage stamp and other taxes
  • Credit report
  • Lender’s inspection report
  • Appraisal fee for the loan
  • Mortgage insurance application fee
  • Mortgage assumption fee

Example. You incur $8,000 in costs to obtain a 10-year mortgage loan. You deduct $800 a year.

Loan origination fees, brokers’ fees, maximum loan charges, and premium charges are not points. These are costs of obtaining the loan and, like the costs above, you amortize them on a straight-line basis over the life of the loan.

2.2 Loan Costs That You Treat Like Interest

Points. The term “points” is often confusing. In a financial sense, the point represents a prepayment that you make to obtain a discount on the loan interest rate. In general, the more points you pay, the lower the interest rate.

Essentially, the payment of points is the payment of interest in advance, and the tax law gives special treatment to your payment of points.

Since points are nothing more than prepayment of interest on your loan, tax law treats points as original issue discount (OID). The amount of your OID determines which method you may use to write off points paid on a rental property acquisition.

3. Operating Items

At closing, you might pay real property taxes, fire and property insurance premiums, and city and town taxes. Look at these expenses. See whether they apply to your current and future holding of the property. If so, you may deduct these costs as current-year operating expenses, assuming you place the property in service at closing.

Per IRS publication 551, “If you pay real estate taxes the seller owed on real property you bought, and the seller didn’t reimburse you, treat those taxes as part of your basis. You can’t deduct them as taxes. If you reimburse the seller for taxes the seller paid for you, you can usually deduct that amount as an expense in the year of purchase.” 

You also want to look through your checkbook and credit card statements for other operating expenses and perhaps some start-up expenses.

Takeaways

The closing statement examination in this article is the perfect place to start your property on the track for maximum profits by getting the best tax benefits at inception.

When you are thinking about acquiring a rental property, make it a point to review this article so that you can get the most out of both your closing costs and your cost to buy the property.

Although we’ve given you the basics, this is not an all-inclusive article. Should you have questions, or need business tax preparation, business entity creation, or business compliance assistance please contact us online, or call our office at 855-743-5765. Do you owe the IRS, or your state back taxes? Do you have unfiled tax returns? Is the IRS threatening to garnish your paycheck, or levy your bank account? Are you ready to get back on track with the IRS? Howard Tax Prep LLC will help you get back on track with the IRS, get into a settlement, or setup a payment with the IRS. Reach out to us now! Make sure tojoin our newsletter for more tips on reducing taxes, and increasing your wealth.

Author information: Trudy M. Howard is a managing member of Howard Tax Prep LLC, a south loop of Chicago tax preparation and accounting office.