Q&A: Capital gains tax on home sale profit

Dear Liz: I recently sold a home and am trying to escape the dreaded capital gains tax. I’ve done everything I can to reduce my overall tax bill, including maxing out my retirement contributions. I don’t want to buy a more expensive home to escape the gains tax. Any thoughts?

Answer: Buying a more expensive home wouldn’t change what you owe on your previous home. The days when you could roll gains from one home purchase into another are long gone.

These days you’re allowed to exclude up to $250,000 in home sale profit from your income (the limit is per person, so a couple can shelter $500,000). In other words, that amount is tax free, as long as you lived in the home for at least two of the previous five years. Beyond that your profit is subject to capital gains taxes. The top federal capital gains rate is 20%, plus a 3.8% investment surtax if your income is more than $200,000 for singles or $250,000 for married couples.

Here’s where good record-keeping may help. While generally you’re not allowed to deduct repair and maintenance costs from that profit, you can use home improvement expenditures to reduce the tax you owe. Home improvements are added to your cost basis — essentially what you paid for the property, including settlement fees and closing costs, and that’s what is deducted from your net sales price to determine your profit.

You’ll need receipts plus credit card or bank statements to prove what you paid. Improvements must “add to the value of your home, prolong its useful life, or adapt it to new uses,” according to IRS Publication 523, Selling Your Home. Examples of improvements include additions, remodels, landscaping and new systems, such as new heating or air conditioning systems. You can include repairs that are part of a larger remodeling job, but you can’t include improvements you later take out (such as the cost of a first kitchen remodel after you do a second one).

Are you buying a house or lottery ticket?

The same week legendary investor Warren Buffett put his California vacation house on the market, a friend told me her widowed mother had sold the family home in Cleveland.

Buffett bought his Laguna Beach place in 1971 for $150,000 and is asking $11 million. My friend’s parents bought their home for $24,500 in 1965 and just sold it for $104,000. Put another way: If Buffett gets his asking price, his house will have appreciated at an annual rate of 9.79 percent. The Cleveland house eked out a 2.82 percent annual return.

Neither buyer could have predicted what their homes would be worth now. One could score a healthy return, while the other didn’t even keep up with inflation. (If she had, her home would have been worth about $190,000.) In my latest for the Associated Press, how purchasing a home could be a gamble.

Q&A: The give and take of federal gift tax rules

Dear Liz: We are planning to build an addition to our home so that my mom can move in with us and will take out a loan to pay for it. Let’s say that we put down $50,000 and take out a loan for the remaining cost of $150,000. After the addition is built, my mom will sell her house and with the proceeds she will give us $200,000 to pay for the cost of the addition. Is this considered a gift? Or is it considered payment for a place to live (i.e. she gets something in return), and therefore it is not a gift?

Answer: What do you want it to be?

If you want it to be a gift, then it certainly can be. If your mother wanted to give you the money all at once, she would need to file a gift tax return because the amount exceeds the $14,000 per recipient annual exclusion. But she wouldn’t need to pay gift tax until the amount she gives away in excess of the annual exclusion reaches a certain limit (which is $5.49 million in 2017).

Gifts in excess of the annual exclusion also affect how much of a wealthy person’s estate can pass tax-free to heirs. If your mother is worth more than about $5 million, she should consult an estate planning attorney before making any gifts.

If she doesn’t want to bother with a gift tax return, she could give you and your spouse $14,000 each, or $28,000, per year until she’s given the $200,000.

If you or your mother prefer to make payments over time and treat the money as rent, you would need to declare the income. You could write off certain rent-related expenses, such as a portion of insurance premiums and repairs, that wouldn’t be deductible otherwise, plus you’d get another tax break from depreciating the portion of the property that’s considered a rental.

But that could trigger a big tax bill when you sell the home, so make sure you run this plan past a tax pro who can help you weigh the costs and benefits.

Q&A: The new reverse mortgage is safer but still expensive

Dear Liz: If you have never written about the new reverse mortgages, please consider it. I’m nearly 90 and this Home Equity Conversion Mortgage sounds too good to be true. Is it? I’ve talked to a broker and a direct lender and attended a two-hour seminar on the subject.

Answer: Reverse mortgages once deserved their bad reputation, but changes to the Federal Housing Administration’s HECM program in recent years have made them safer and less expensive. They’re still not a cheap way to borrow, though, because of significant upfront costs. Using a home equity loan or line of credit is often a better option if you can make the payments.

A reverse mortgage may be an option if you can’t make payments. These loans allow you to tap the equity in your home if you’re 62 or older. The amount you borrow plus interest compounds over time and is paid off when you die, sell or permanently move out. You can get the money as a lump sum, in a series of monthly checks or as a line of credit you can tap.

The older you get, the more you can receive from your home — but you can’t get the money all at once, as you could in the past. If you choose the lump sum option, you can only access 60% of your loan amount the first year. This restriction was put in place to keep you from blowing through your equity too fast.

While reverse mortgages have improved, some of the people touting them have not. Investment salespeople and scam artists sometimes try to push older people into reverse mortgages as a way to come up with cash to invest in their schemes.

You’re required to get counseling from someone approved by the U.S. Department of Housing and Urban Development to discuss how reverse mortgages work and how much one may cost you. In addition, consider hiring a fee-only financial planner to give you advice.

Tuesday’s need-to-know money news

Today’s top story: A financial advisor’s tips for starting an emergency fund. Also in the news: How small homes can offer big returns, why partner’s wealth is very important to only 5% of OKCupid users, and how to raise financially savvy kids.

Emergency Funds: A Financial Advisor’s Tips for Getting Started
Start your fund today.

Small Homes Can Offer Big Returns
Bigger homes aren’t always better.

Partner’s Wealth ‘Very Important’ to Only 5% of OkCupid Users, Survey Finds
Why money doesn’t seem to matter.

How to raise financially savvy kids
Getting them off on the right foot.

Friday’s need-to-know money news

mortgage2Today’s top story: Why you should front-load your IRA in January. Also in the news: Rideshare insurance for drivers, why January is the best time to buy a home, and how fifteen minutes a day can get your finances in order.

Front-Load Your IRA in January for a Bigger Payoff
It’s all about compound interest.

Rideshare Insurance for Drivers: Where to Buy, What It Covers
What Uber and Lyft drivers need to know.

Why January Is the Best Time to Buy a Home
Timing is everything.

Commit to Fifteen Minutes of Financial Literacy a Day to Get Your Finances in Order
Make it a daily habit.

Q&A: Don’t bequeath trouble to your descendants

Dear Liz: I have two grown children, neither of whom owns a home, and three grandchildren. I would very much like to keep my house in the family for all to use, if and when needed. It is not large, and it would be somewhat difficult for two families to live here at the same time. I have a trust that splits everything between the two children. I also have handwritten a note and had it notarized explaining I would like the house kept in the family and not sold or mortgaged. Can you advise me?

Answer: Please think long and hard before you try to restrict what the next generation does with a bequest, particularly when it’s real estate. Is your desire to keep the house in the family worth causing rifts in that family?

It would be hard for two families to share even a large home. You could be setting up epic battles, not only over who gets to live there but how much is spent to maintain, repair and update the home. It’s difficult enough for married couples to own property together; siblings are almost certain to disagree about how much to spend and the differences may be even greater if only one family is actually using the house.

If your house is sold, on the other hand, it could provide nice down payments for each family to buy its own home. Alternatively, one family could get a mortgage to buy out the other and live in the house. Or the home could be mortgaged to provide two down payments and then rented out. Your notarized note wouldn’t prevent your children from doing any of these things, but it may cause them unnecessary guilt and disagreements about honoring those wishes.

Wednesday’s need-to-know money news

images-2Today’s top story: NerdWallet’s 2016 American Household Credit Card Debt Study. Also in the news: The best places in American for first-time homebuyers, why Christmas loans are the coal in your financial stocking, and the best free online courses to help with your finances.

2016 American Household Credit Card Debt Study
Creeping back up.

Best Places in America for First-Time Homebuyers
Where you should be looking.

Christmas Loans: The Coal in Your Financial Stocking
Bah humbug.

The Best Free Online Courses to Help With Your Finances
It doesn’t get better than free!

Monday’s need-to-know money news

refinancingToday’s top story: How to find and finance bank-owned properties. Also in the news: Tips for handling holiday financial stress, how to have the money talk with your parents, and what to do when financial aid and scholarships don’t fully cover course fees.

How to find and finance bank-owned properties
It’s easier than you might think.

5 tips for handling holiday financial stress
Don’t let stress ruin the holidays.

How to have the ‘money talk’ with your parents
Tackling a difficult subject.

Financial Aid and Scholarships Don’t Always Cover Course Fees
Making sure you can cover your costs.

Q&A: Sheltering home profits

Dear Liz: I understand that the profit realized on the sale of a home is not subject to tax, as long as that money is reinvested in another home. What if the couple divorces before or after the sale? If they split the profit from the sale and one or both put those funds into another house as single buyers, is each exempt from the tax? Does the fact that both are in their 70s have any effect on this matter?

Answer: Your information about home sale profits is about 20 years out of date. In 1997, Congress changed the law that once allowed people 55 and older to roll up to $125,000 of home sale profits into another home tax-free. That was a one-time tax break.

Now you can shelter up to $250,000 per person in home sale profits before owing any tax, and you can use the tax break repeatedly. You have to live in the home for at least two of the previous five years to qualify for the exemption.

Divorce can change your tax situation dramatically, and you don’t want to make decisions based on obsolete information. Please consult a tax professional to make sure you understand all of the implications of your split.