TAX PLANNING FOR YOUR HOME

 

 IRS Releases Final Home Sale Exclusion Regulations. If you have owned your home and used it as your principal residence for at least two out of the last five years, you can exclude up to $250,000 of the gain ($500,000 on a joint return) when you sell it. The IRS recently issued new regulations that, in several situations, expand this rule.  For example, contrary to an earlier IRS position, the new regulations generally allow you to exclude gain that would otherwise be allocable to your qualified home office (except gain is triggered to the extent of depreciation taken on the home office after May 6, 1997). The new rules also allow you to exclude gain when you sell land adjacent to your residence so long as the land is sold within two years of the sale of your home and the land has been owned and used as part of your residence for the required period. In addition, the regulations provide rules that will automatically allow you to claim a portion of the exclusion when you have not owned and used the residence for the required two-year period, but you sell the home because of a change in place of employment, for health reasons, or because of certain unforseen circumstances.  For example, the new regulations say that you are entitled to relief if you move: for health reasons pursuant to a physician’s recommendation; because of an employment change satisfying a 50-mile test; or because of a divorce, legal separation, or natural disaster. Tax Tip. These rules are retroactive (generally for three years) and provide relief in many situations. If you think that you have previously filed a return reporting a house gain that may be excluded under these new regulations, we can help you determine whether you should amend that return and recoup the taxes paid.


The Home Office Deduction.  Recent tax law changes have made it easier for you to qualify for home office deductions (e.g., depreciation, insurance, utilities, repairs and maintenance).  If you're self-employed, you only have to establish that you use your home office "regularly and exclusively" to perform management or administrative duties for your business and there is no other fixed location where you perform substantial  management or administrative duties relating to that trade or business.  If you are an employee, in addition to meeting the above requirements,  you must also establish that your home office is "for the convenience of your employer" (this generally means you're not provided an office at work).  Tax Tip.  The IRS says that if you have a qualifying home office, you can deduct any travel from your home office to another work location as a business expense. So, by having a qualified home office, you will generally have more deductible business travel. Furthermore, if you're an employee who qualifies for home office deductions, you should ask your employer to reimburse your home office expenses. This reimbursement should be excluded from your income if reimbursed under an "accountable reimbursement arrangement."  If you are an employee and your home office expenses are not reimbursed, the home office expense deduction will be reduced by 2% of your adjusted gross income.

 

Renting Your House To A Relative Can Be Tricky.  If you are renting a house to a relative as their principal residence and they pay you fair rental value, you will be able to deduct depreciation and your other rental expenses (e.g., utilities, insurance, repairs and maintenance). However, if they pay you less than fair rental value, you may only deduct interest and taxes. Tax Tip.  Always get independent, written confirmation of the market rental value of any house you rent to a family member, and charge at least that amount if you want to deduct depreciation, insurance, repairs and maintenance.