Ask Liz Weston

Get smart with your money

q&a

Q&A: Loans, taxes and home sales

By

Dear Liz: You recently answered a question about determining home sale profits for a widow. My question is how you calculate taxes when there’s a loan in the mix. For instance, when I bought my home, I took out a mortgage. Subsequently, I took out a second mortgage to pay for a pool and landscaping. I also refinanced several times, but never took a mortgage with cash out. Please advise me how to calculate my cost basis given these loans. Of course, you can broaden your response to include other loan scenarios and how they play into cost basis.

Answer: This will be a short answer, because they don’t. What you owe the mortgage lender(s) is typically irrelevant for calculating your capital gain.

Q&A: Facing retirement with parent student loans? Transfer them to the kids

By

Dear Liz: I’m 60. Should I take a $50,000 distribution from my 401(k) to pay down my $146,000 parent Plus college loan and then try to refinance the balance with a private lender at a lower interest rate? I have $364,000 in my 401(k). I’m paying 8% interest on the parent Plus loan and planning to retire at age 66 years and 10 months, my full retirement age for Social Security.

Answer: Are you sure you can afford to retire?

You would still have a massive amount of education debt even after paying it down, plus a smaller nest egg. Unless you have a substantial amount of savings outside your 401(k) or another source of income besides Social Security, you could run a substantial risk of running short of money even if you can persuade a private lender to refinance your debt.

That may not be the best option, in any case. Federal loans have more consumer protections, including deferral and forbearance options and income-contingent repayment plans that could lower your payments.

Refinancing with a private lender might make the most sense if you can transfer this debt to the child or children who benefited from the education. Several private lenders offer this option if the kids have good credit and decent incomes.

In any case, you’d be smart to consult a fee-only financial planner who can review the specifics of your finances and offer advice.

Q&A: Student loan forgiveness fail

By

Dear Liz: You recently answered a question from someone who had defaulted on federal student loans. You mentioned ways to get out of default and qualify for income-driven repayment plans that could reduce her monthly payments. Couldn’t she also qualify for student loan forgiveness?

Answer: There are programs that are supposed to allow federal student loan balances to be forgiven after 10 years of payments for people in public service jobs and after 20 or 25 years for other borrowers. It’s questionable how much anyone should count on getting this relief, however.

Last year was the first time borrowers qualified for forgiveness under the 10-year public service program, which was enacted under President George W. Bush in 2007. The Department of Education has denied the vast majority of applicants their expected relief. Nearly 40,000 people had applied by Dec. 31 and fewer than 300 people have been approved, according to the Washington Post.

Critics say the U.S. Department of Education has set much more rigid standards for approval than anything Congress envisioned when creating the program. Many applicants also relied on erroneous advice given by the private companies that service federal student loans.

It’s possible that lawsuits, or Congress, will force the Education Department to forgive more of the debt. But if this is what can happen to people who have given a decade of their lives to public service, one has to wonder how much relief other borrowers can expect to get.

Liz Weston, certified financial planner, is a personal finance columnist for NerdWallet. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizweston.com.Distributed by No More Red Inc.

Q&A: Figuring home-sale taxes

By

Dear Liz: My husband and I bought a home in Los Angeles in 1976 for $200,000. He died in 1992. The value of the house was at that time about $850,000. (I had it appraised.)

I want to sell the house now. The value is about $2 million. How much would be the stepped-up base for capital gain tax when I sell it?

Answer: In most states, only your husband’s half of the home would have gotten a new tax basis at his death. (A tax basis is used to determine potentially taxable profit.) In community property states such as California, however, both halves of a property get the step up in basis when one spouse dies.

You can add to your basis any commissions or fees paid to purchase the property and the cost of any additions or improvements. What you spent on maintenance and repairs doesn’t count. The improvement must add to the value of your home, prolong its useful life or adapt it to new uses to qualify, according to the IRS.

To figure your taxable profit, you’ll take the net amount you receive from the sale — the sale price minus any commissions or fees paid to sell the home — and subtract your basis from that. You can exempt up to $250,000 of the home sale profit, but you would pay long-term capital gains rates on the rest.

Let’s say you invested $150,000 in improvements over the years. That would be added to your $850,000 basis for a total adjusted basis of $1 million. Let’s also assume you pay $100,000 in commissions to sell your home, netting $1.9 million. Your $1 million basis would be subtracted from the $1.9 million, leaving you with a $900,000 home sale profit. Because $250,000 of that would be exempt, you would owe long-term capital gains tax on $650,000.

Q&A: When student loan payments overwhelm, here’s a pathway out

By

Dear Liz: I went to college in 2004. I did it the American way with student loans. Well, my son had a bad seizure that put him on life support for three weeks. I had to quit college to take care of him. So now I’m in hock with no degree. He is on disability but that doesn’t cover much.

The federal government is now taking my tax refund. I used to get money back that helped him and me. So now what? I still don’t make enough and never will to pay back the loans.

Answer: Because these are federal student loans, you have some options to get out of default and get a payment plan you can afford. Otherwise, the government will continue taking your refunds until the debt is paid back. (The feds can even take a chunk of people’s Social Security checks, which are protected from other creditors.)

Since you can’t pay the debt in full, the fastest way out of default would be to make three full, on-time monthly payments and then consolidate the loans into a new Direct Consolidation Loan. (It’s important to know these terms, because the private companies that service federal loans don’t always give complete or accurate information.)

Once you have a Direct Consolidation Loan, you can qualify for an income-driven repayment plan. Your payments would be 10% of your discretionary income, defined as the difference between your total income and 150% of the poverty guideline for your family size and state of residence. Your payments can be reduced to zero if your income is low enough.

Another option is to “rehabilitate” your loan, which would require you to make nine monthly loan payments within 10 consecutive months. You can’t be more than 20 days late on any payment. Your new monthly payment will be 15% of your discretionary income as defined above. You also may request a lower amount.

You can find more information about getting out of federal student loan default at the Education Department’s student aid website StudentAid.ed.gov.

Q&A: Rules for inherited property

By

Dear Liz: If someone owns an asset, such as a home or stocks, and passes away, the heirs can get a stepped-up cost basis. What if that same person also owned a second home, vacation property and rentals? Do those properties also get a stepped-up cost basis for the heirs?

Answer: Typically, yes. A step-up in cost basis means that the increase in value that happened during a person’s lifetime isn’t subject to capital gains taxes. Let’s say your mom bought a stock for $2 and it was worth $10 at her death. If she had sold it herself just before she died, or given it to you to sell, taxes would be owed on the $8 gain. If she bequeathed the stock to you in her will instead, you could sell it for $10 and owe no tax. If the price went up to $11 before you sold, you would owe tax on the $1 gain since her death.

The step up in basis also wipes out the need to recapture depreciation taken for rental and commercial properties, says tax expert Mark Luscombe, principal analyst at Wolters Kluwer Tax & Accounting. (Depreciation is the loss in value over time due to age and wear and tear. Depreciation write-offs allow owners to deduct over several years the costs of buying and improving a rental or commercial property.) If your mom owned an apartment building and wrote off the depreciation, she would need to pay depreciation recapture taxes if she sold it. If you inherit the building, by contrast, you not only don’t owe taxes on the depreciation she took, but you can start depreciating the building all over again.

There’s an important exception to these general rules, however. If your mom placed the asset in an irrevocable trust before her death, it would be treated the same as a gift when you inherit it after her death, Luscombe says. You would get her basis, which means you would owe taxes on all the gain that happened during her lifetime plus any depreciation recapture taxes when you sold the asset.

Irrevocable trusts aren’t the same as the revocable living trusts people use to avoid probate, but are sometimes used when people are trying to get assets out of their estates to reduce future estate taxes. For the vast majority, though, estate taxes are no longer an issue, so irrevocable trusts can cause potentially unnecessary tax issues.