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By Jenny C. McCune
Bankrate.com
A lot more is riding on home improvements than making your house
nicer to live in or getting a better price when you sell. Remodeling
your kitchen, adding a bathroom or even planting some shrubs can
reduce possible capital gains taxes.
True, the tax code is generous in excluding from taxes a big chunk
of home-sale profit. A single seller can walk away with up to $250,000
tax-free when he sells his primary residence; a married couple won't
be taxed on double that profit.
But if you net more than that, you are in for a nasty capital gains
shock. And it's not just the super rich who are caught in this capital
gains trap. People who have owned their homes for a long time may
see substantial appreciation on the property. In some hot real estate
regions, especially large cities and their suburbs, home prices
have skyrocketed in only months, not years.
Robert Demmett, partner with the CPA firm of Eisner & Lubin
LLP in New York City, has personally witnessed this phenomenon:
"A client who lived in the Hamptons for 25 years and who sold
his home made a gigantic amount of money."
No one wants to drop their home's selling price just to lessen
taxes, but there are ways to work around the potential problem.
The easiest method is to boost your home's value, or as it's known
in tax talk, its basis. When you sell, you subtract your home's
adjusted basis from its sale price to come up with your profit.
If it exceeds the tax-exclusion amount, get ready to write a check
to the U.S. Treasury.
Building on your basis
Uncle Sam defines basis as the amount you paid for your house. It
includes settlement and closing costs and any debt. If you inherited
your home, your basis is the fair market value on the day the prior
owner died.
You can increase your home's basis by spending money on improvements.
Just make sure the upgrades meet IRS specs. A tax-acceptable improvement
must add to the value of your home, "considerably" prolong
your home's useful life or it must adapt your house to new uses.
"The overriding factor is doing something that improves or
enhances the value of your home," says Jamshed B. Gandi, partner
with the San Francisco CPA firm of Bertorelli Gandi Won & Behti.
"If the items are purely for maintenance, to maintain the home,
they are not included."
Simple common sense generally will help you determine what will
add to your property's basis. The addition of a bathroom or an in-ground
swimming pool, for example, add to basis. Installing fancy wallpaper
in the master bedroom does not.
The IRS provides a nifty chart on page 8 of its Publication 523,
Selling Your Home.
The list includes:
- Additions such as a bedroom, bathroom, deck, garage, porch or
patio
- Heating and air conditioning (for example, putting in new systems)
- Plumbing (for example, installing a filtration system to remedy
hard water)
- Interior improvements, such as built-in appliances
- Insulation additions
The IRS even includes such miscellaneous items as a central vacuum,
wiring upgrades or a satellite dish. So enjoy your DirecTV's 700
channels now and when you sell.
Another common and often-overlooked improvement, according to Demmett,
is landscaping. Paving your driveway, erecting a fence or even putting
in a retaining wall can all add value to your home, boost its basis
and reduce any capital gain when selling.
Also don't forget those myriad costs associated with your house
purchase. Land survey costs, attorney fees and your broker's commission
all add to the value or basis of your home, notes Demmett.
Documenting your tax improvements
Experts agree that the biggest mistake that home sellers make is
not documenting home improvements. Even if you have no plans to
sell, hold onto every Home Depot and contractor receipt.
"People tend to lose their receipts. They need to keep all
their receipts and invoices, throw them into a file," says
Jeffrey J. Spengler, a senior manager in the tax department of the
CPA firm of McCrory & McDowell LLC in Pittsburgh, Pa.
But don't go overboard. Homeowners often erroneously include home
improvements for which they were reimbursed.
"We had a pretty wicked ice storm here a few years ago, and
it seemed like everyone in my neighborhood had their roof replaced,"
Spengler recalls. "Since it was storm-related and paid for
by insurance, this doesn't add to the value of your home."
And don't discount something just because it doesn't fall neatly
into the home-improvement category. It still might be useful in
offsetting possible capital gains. If you spruce up your house with
a new paint job to make it more attractive to buyers, that counts
as a selling expense, Spengler says. Selling expenses lower the
amount you realize on the sale of home, which in turn lowers the
profit you make.
Home basis in black, white and gray
Remember, too, that home improvement vs. repair is a gray rather
than black-and-white tax issue. It makes good sense to run any construction
projects by your tax adviser, accountant or realtor for guidance
on whether the project will pass the IRS test for increasing home
value.
And if the project doesn't pass?
"When an audit question comes up with the IRS about a home
improvement, I'll have the auditor contact the president of the
local board of realtors here," says Michael Roberts, owner
of Creative Tax Solutions, a CPA firm in Laguna Hills, Calif., and
chairman of the California Association of Realtors' Taxation Committee.
Local realtors can advise the IRS on what they believe are legitimate
home improvements that add value. Indeed, Roberts points out that
such definitions can vary by region and neighborhood. For example,
in most cases, a stove replacement might be considered simple maintenance.
But if you live in a posh neighborhood and you replace a four burner
no-name electric stove with a six-burner upscale Viking, along with
adding other pricey built-in appliances, then you've transformed
your kitchen into a gourmet eatery worthy of Emeril and thus boosted
the basis of your home.
"It's really funny how in one area something that might be
considered an enhancement might be standard in a different area,"
Roberts says.
Figuring your home sale gain or loss
To determine whether you made a profit and might owe taxes on your
home's sale, start with the selling price. This is the total amount
received for your home, including money, all notes, mortgages or
other debts assumed by the buyer as part of the sale.
Next, subtract any selling expenses, including advertising, painting
or other upkeep performed to improve the appearance and marketability
of the property. This will give you the amount realized.
Now subtract your adjusted basis from the amount realized. The
result is your gain or loss.
You'll come out tax-free if your gain is $250,000 or less and you're
a single seller; twice that amount if you and your spouse sell the
house. You also must have lived in the home for two of the last
five years that you owned it. (There is an exception to the time
of residence requirement for military personnel.)
If your gain is more than the limits, it could be time to start
digging through your records to find documentation that could help
you increase your adjusted basis.
And if you sold at a loss, sorry. There is no tax break for these
unlucky sellers.
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