Ask Liz Weston

Get smart with your money

Taxes

Q&A: Capital gains tax

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Dear Liz: I am selling my house. After subtracting all selling costs, stepping up the basis for capital improvements over the years, and using the $500,000 capital gains exclusion from the IRS, I will still have a significant capital gains tax due. Does this tax need to be paid via the quarterly estimated tax in the quarter the house closes, or can I wait and pay the capital gains tax with the yearly tax filing?

Answer: If you are the sole owner of the home, then you can exclude up to $250,000 of capital gains from a home sale. If you’re married then the exclusion amount is doubled to $500,000.

Ours is a “pay as you go” tax system, which means you’re supposed to withhold the appropriate taxes as you earn or receive income. If you don’t withhold enough, you can owe penalties. People who don’t have regular paychecks or who experience windfalls, such as your home sale, may have to make quarterly estimated payments to ensure they’ve paid enough to avoid the penalties.

One way to avoid penalties is to make sure your 2022 withholding at least equals your 2021 tax bill, if your adjusted gross income is $150,000 or less. If your adjusted gross income is more than $150,000, your withholding needs to equal 110% of your 2021 tax bill. Another is to pay 90% of your 2022 tax bill. It’s tough to know what your tax bill is going to be before the year ends, though, so most people choose to withhold based on their 2021 tax bill. If your 2022 bill will significantly exceed your withholding, however, you’ll want to make sure you stash the appropriate cash in a safe, FDIC-insured savings account so it’s available when you have to pay Uncle Sam next year.

Q&A: How previous home sales might affect your capital gains taxes

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Dear Liz: I am selling my house and will not be buying another one. I believe that I know the rules of capital gains taxes in general. However, must I include the capital gains of previous homes, even those experienced many years ago?

Answer: Possibly.

Before 1997, homeowners could avoid capital gains taxes by rolling their profits into another home, as long as the purchase price of the new house was equal to or greater than the home they sold. Homeowners 55 and older could get a one-time exclusion of up to $125,000.

The rules changed in 1997. Now homeowners can exclude up to $250,000 of home sale gains as long as they have owned and lived in the home at least two of the prior five years. A married couple can exclude up to $500,000.

If you have not sold a home since the rules changed, however, any previously deferred gains would lower the tax basis on your current home.

Let’s say you bought your current home for $300,000 prior to 1997. Normally, that amount (plus certain other expenses, including qualifying home improvements) would be your tax basis. If the net proceeds from your sale were $500,000, for example, you would subtract the $300,000 basis from that amount for a capital gain of $200,000.

But now let’s say you rolled $200,000 of capital gains from previous home sales into your current home. That amount would be subtracted from your tax basis, so your capital gain would be $400,000 — the $500,000 net sale proceeds minus your $100,000 tax basis.

Before selling any home, you should consult with a tax pro to make sure you understand how capital gains taxes may affect the sale. You don’t want to find out you owe a big tax bill after you’ve spent or invested the proceeds.

Q&A: How to get tax return copies

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Dear Liz: Isn’t it the duty of an accountant to send their client the final tax forms that they filed with the IRS and the state? My accountant keeps “forgetting” to do so, and I’ve called him twice to do this. I’m not sure if his constant “forgetfulness” is due to laziness or a health issue such as dementia. I suspect it might be the latter, as he never used to be this way in past years.

Is there another way to get a copy of my returns? I will obviously be looking for a new accountant.

Answer: Yes, you can request copies or transcripts of your returns from the IRS and your state tax agency.

Transcripts are free, and are available for the previous three years. Personally identifiable information such as your name, address and Social Security number will be hidden, but you’ll be able to see all the financial entries, such as your adjusted gross income, taxes paid and so on. You can request transcripts online at irs.gov/individuals/get-transcript, by phone at (800) 908-9946 or by mail using either Form 4506-T or Form 4506-T-EZ and using the IRS address listed on the form.

Copies of your actual tax returns will cost you $43 each. You can request those by filling out and mailing Form 4506.

Your state will have similar procedures, which you can find by searching for your state’s name and the phrase “How do I get a copy of my state tax return?”

Q&A: Homeownership and taxes

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Dear Liz: Five years ago I co-signed on a mortgage for my daughter’s condo in another state. I provided the down payment and paid to upgrade the water, HVAC and kitchen appliances. She paid the mortgage and all other expenses. She also claimed the mortgage interest on her taxes every year. She just sold the condo and is moving to another state. The net proceeds will mostly be used for the down payment on the next property. My name will not be on that one. She will pay me back for the down payment in installments.

I’m aware that the year a property is sold is the only time to claim the upgrades for a deduction. I haven’t been claiming any part of the condo in the last five years. Is there some way to do that on my 2022 taxes? Or should she take the deduction and pay me back in more installments down the road? Obviously, I don’t want to make a claim that will hurt her 2022 taxes, but it would be nice to recoup some of it.

Answer: Home improvements on a personal residence aren’t deductible. If your daughter had paid for the upgrades, she could use the cost to reduce the amount of home sale profits that might otherwise be subject to capital gains taxes. These upgrades can be added to the home’s tax basis, which is typically the amount that was paid to purchase the home. The basis is what is deducted from the amount realized from the sale. It’s the sales price minus any selling costs, such as real estate commissions.

People who live in a home for two of the five years prior to the sale can exclude up to $250,000 of those profits from taxes. (Married couples can exclude up to $500,000.) Unfortunately, those limits haven’t changed since 1997 even as the average home sale price has nearly tripled.

Too often, people don’t discover they owe a tax bill until after they’ve invested the money in another home or otherwise spent it. If your daughter hasn’t already, she should consult a tax pro so she understands what, if any, taxes she may owe on her sale.

Q&A: This retiree’s tax preparer allowed IRS fines to accumulate for 15 years. Now what?

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Dear Liz: I have a question about an unethical accountant. I am a retiree living on my investments. My accountant continually put me on extension and every October told me how much to pay. Finally, I created an account with the state tax agency and discovered I was being billed for interest, fees and penalties for failing to pay estimated quarterly taxes. What really gets me angry is how I was never told I needed to pay these taxes each quarter. This has been going on at least 15 years. What are my options? Is there an entity that governs the behavior of accountants?

Answer: There is — if your tax preparer is actually an accountant. Some tax preparers use that title even if they don’t have an accounting credential, said Henry Grzes, lead manager for tax practice and ethics with the American Institute of CPAs.

If your tax preparer is in fact a certified public accountant, then you can make a complaint to your state’s board of accountancy. You can find a list of boards here. Otherwise you can consider contacting the Better Business Bureau, your state’s consumer protection agency or the Consumer Financial Protection Bureau, Grzes said.

A good tax preparer will alert clients to ways they can reduce their tax bill and will discuss the reasons for filing an extension as well as the need to make quarterly estimated payments, Grzes said. But there are no federal regulations governing tax return preparation, although some states have such laws, he said.

For example, anyone who is physically in California and prepares tax returns for a fee, and who is not an attorney, CPA or enrolled agent, is required to register with the California Tax Education Council, Grzes said. The CTEC site has information about how to file a complaint against a tax preparer who isn’t governed elsewhere.

Q&A: Reducing taxes in retirement

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Dear Liz: It appears required minimum distributions will force me to take an additional $3,500 per month from my retirement funds starting in four years at age 72. This added taxable draw will greatly impact my income tax liabilities as I’m now fully retired. Are there any strategies at this time to reduce the hit? As my current income tax rate is 12% federal and 9% state, perhaps I should convert some of these funds to Roth IRAs?

Answer: Partial Roth conversions when your tax bracket is low can be an excellent way to reduce future mandatory withdrawals and save on taxes in the long run.

Let’s say you’re married filing jointly and have $60,000 in taxable income. The 12% federal tax bracket ends at $83,550, so you could convert more than $23,000 of your retirement funds without increasing your marginal federal tax rate. Conversions can affect other aspects of your taxes and finances, so consult a tax pro before proceeding.

Another way to potentially lower your tax bill may be to temporarily suspend your Social Security payments and take more from your retirement funds. Because of the peculiar way that Social Security is taxed, people often face a sharp rise and then fall in marginal tax rates when they have other income, something known as the “tax torpedo.” A tax pro should be able to determine if delaying or suspending Social Security payments could help you reduce the effects.