Are You Voting on California Ballot? You Should.

If you are not registered to vote, please do so now so you can vote in the upcoming election.  

Did you know:

California is highest in state income tax - over 13%. (some states have no state income tax)

California is highest in sales tax - 7.25%, plus local city taxes on top of that.

California property tax - 19th out of all states.

Propositions affecting our property, aren't we paying enough taxes already?:

Proposition 5 - Allows local government to request bonds for affordable housing and public structure with only a 55% approval, down from 66.66% current requirement. Will raise our property taxes - vote NO.  

Proposition 33 - Expands local government authority to enact rent control on residential property. This is the 3rd attempt by Michael Weinstein and his multi-million dollar special interest group, AIDS Healthcare.  It will revoke the Costa-Hawkins Act which exempts single family homes, townhomes,  condos, the rent can be raised to market level. If Prop. 33 passes, these properties will come under rent control (Current Exemption from rent control: Single-family homes and condominiums, as well as construction after 1995, are exempt from rent control.)  Vacancy decontrol will not be allowed if law passed by municipality, this proposition can tell landlord what to charge for a vacant unit, owner may never be able to catch up to the current market rate by being forced to cap rents at lower amounts, thus causing owner to defer maintenance which now costs more than 10-15 years ago when the tenant moved in. Renters may think they will start getting lower rent if this passes, but first, cities have to pass local laws, and each city may be different. In spite of ads that say 33 will fight corporation takeover of rental properties, in actual fact the majority of rental properties in California are owned by small independent owners, i.e., families who inherited or bought years ago. This proposition is already causing private owners to sell their rental houses which are being bought up by new owner occupants, so that much more rental housing is being taken off the market, further decreasing the rental supply.  Vote NO.   Go to https://votenoprop33.com/

Proposition 34 - Health care providers, see previous paragraph, who get discounted federal money for their healthcare programs are turning around and reselling that program for a profit, and then are spending it on their tenant initiatives (see Proposition 5), not on their health care programs.  Vote YES to require discounted federal money profits to be spent on healthcare, not on special interest groups and their political propositions.

You should have received the booklet explaining all ballot propositions, please read it!

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

What California's Homeowners Should Know about Taxes After the 2017 Reform Act

• The limit on deductible mortgage debt was reduced.
• Mortgage debt may be refinanced up to $1 million and deduct interest if not higher than original mortgage.
• Equity loan interest is deductible if proceeds improve the residence.
• Second home mortgage interest deductible subject to limits.
• Itemized returns may deduct up to $10,000 on applicable taxes.
• Capital gains exclusions remain the same-$250,000 for single and $500,000 for married filers.
• The California housing market may see a 2018 decline in inventory as owners stay put, but an increase in home prices.
• Please contact your tax professional for your particular tax situation.

See this Chart on How Congressional Tax Reform May Affect California (and other states) Taxpayers

By the time the reader sees this, the tax "reform" bill may be a done deal, but here is how changes may very well affect California taxpayers. Visitors can see how homeowners will be impacted by the Tax Reform Bill. Check out this National Association of REALTORS resource, see Capital Gains exemptions and the impact on housing prices from the 2017 tax reform framework.

To see other tax scenarios for taxpayers in other states, click on this link and find a state in the drop down list.

Goodbye Income Tax Deductions

Where do you fit in to the Administration's tax plan?

Governor Jerry Brown Signs Bill to Stop Tax on Loan Modifications

If the principal on your mortgage was reduced in a loan modification, a new law may lower your taxes. Governor Jerry Brown recently signed AB 1393 (Perea), legislation that will prevent homeowners from being charged state income tax when they’ve had a mortgage loan modified to reduce the principal. Under current law, the forgiven debt created by a reduction in principal as a result of a loan modification isn’t subject to federal income tax, but is currently taxable under state law. The law will become effective immediately and is retroactive to January 1, 2014. This is great news for homeowners.

Thinking of Taking Money Out of Your California 1031 Exchange? Do It The Right Way

A basic feature/requirements of 1031 exchanges is that the taxpayer doing the exchange cannot have access to their funds--that's why there's an accommodator, or "qualified intermediary" (QI).  In real estate, 1031 exchanges are allowed where the property owner has not lived in the property as a principal residence, but has owned it usually as some form of income or investment property. There are certain exceptions to this, but they will not be covered here.  Just know that the rules surrounding IRS 1031 exchanges are specific and detailed, and must be complied with to the letter.  A principal 1031 exchange benefit is in deferring capital gains taxes on the sale of property by shifting funds into a new purchase, also a non-owner occupied property.  For a property owner who bought in a low market, and is selling in a much higher market, the tax savings can be significant. Simply, in this type of transaction, the taxpayer is not allowed access to funds which are handled through the QI, unless there is an agreement that the taxpayer is taking money out of the first sale, known as "boot", which will not be used in the acquisition of the next property.

As previously covered in other posts, the State of California wants all of the money it's entitled to, so recently a tax audit of an exchange failed because the State said the taxpayer didn't follow the 1031 exchange agreement.  So that means the taxpayer is now probably paying a lot of taxes which otherwise would not have been the case.  The State didn't like the taxpayer giving the escrow officer, not the QI, instructions to exclude $150,000 from the purchase of the next property and send it over to the taxpayer.  The Franchise Tax Board said the taxpayer thus really had access to the funds, which he/she was not supposed to have, and so the exchange was violated.

Moral of this story:  If you're doing a 1031 exchange transaction and you want to take out money from it, make sure it's included in the actual written agreement with the QI, because the QI is who is responsible for handling all funds in the exchange, not the escrow officer. Make sure you are using an experienced and known professional accommodator, are following the advice of an experienced tax professional, and are working with an experienced REALTOR as well.  It could make a huge difference to your bottom line.  Read more at Asset Preservation.

The Fiscal Cliff - or Tax Breaks That Could Be Gone

At the end of 2012, depending on what happens between the political parties, there could be many expiring tax provisions that originated in the George W. Bush Administration, when 2012 was the sunset year for so many breaks.

Federal income tax rates are scheduled to increase in 2013, with tax brackets currently spread from 10%-35% changing to 15%-39.6%. Long term capital gains will increase from 15% to 20%, and other long term capital gains tax rates which apply to qualifying dividends will be taxed as ordinary income.

The 2% reduction in the payroll tax  for Social Security will expire, something which concerns many businesses.

Estate taxes will return to 2001 and the $1,000,000 exclusion for taxes, and the top tax rate increases from 35% to 55%.  (In 2001, there weren't nearly as many $1,000,000 properties to inherit as there are now.)

Earned income tax credits, child tax crfedit and the Hope tax credit will revert to lower limits.

Student loan interest will no longer be deductable after the first 60 months of repayment.

Have you been affected by the Alternative Minimum Tax? the exemption amounts will be lowered, affecting many more individuals (a tax that was only supposed to affect the highest income earners has been affecting more and more of the middle class).

Will tax rates for income earners under $200,000 or $250,000 (households) annually change, or will the tax rates for the vast majority of Americans be impacted as well?

And, once again, there are issues about the "debt ceiling", and what measures may have to be enacted in order to allow the government to meet its obligations.

The Mortgage Debt Relief Act is also set to expire; this act is what allows short sale sellers and individuals who took out a mortgage in a certain time period and were foreclosed on under certain conditions to not be taxed on the forgiven or cancelled debt. Should this Act not be extended, the tax burden of many distressed sellers will be increased.

And, last but not least, there is the issue of whether the mortgage interest deduction will continue and in what form--In California 89% of those who took the mortgage interest deduction earned less than $200,000. Losing the deduction would cost the average California taxpayer over $3,900.

Are you concerned? I hope you are and that you contact your Congressional representative to express your opinion.

www.juliahuntsman.com
www.longbeachrealestate.blogspot.com
www.facebook.com/longbeachhomesandcondos

Does the 3.8% Healthcare Tax Affect You?

The Healthcare Measure was recently passed, which imposes a 3.8% tax which will affect some people.

Important things to know about this tax are that, first of all, there may be some analyses which may not be correct.  For instance, this Measure does not mean that you will be paying a 3.8% tax on the sale of your home after 2012.

As stated in columnist Kenneth Harney's article of July 15th:  "Yes, there is a new 3.8% surtax that takes effect Jan. 1 on certain investment income of upper-income individuals — including some of their real estate transactions. But it's not a transfer tax and not likely to affect the vast majority of homeowners who sell their primary residences next year." 

The surtax does not change the current capital gains exclusions of $250,000 (single tax filers) or $500,000 (joint tax filers, i.e., couples) for the sale of your principal residence.  But, basically, any gains above those amounts on the sale of your residence and if your income is above the $200,000 (single filer) or $250,000 (joint filer) annual income thresholds, you may then be exposed to the 3.8% surtax.

Therefore, it will be important to gather documentation on your property concerning improvements and expenses--including your closing costs--which increase your tax basis in order to lower your capital gains.

The National Asssociation of REALTORS at their website shows the following sample:

Say you and your spouse have adjustable gross income (AGI) of $325,000 and you sell your home at a $525,000 profit. Assuming you qualify, $500,000 of that gain is wiped off the slate for tax purposes. The $25,000 additional gain qualifies as net investment income under the healthcare law, giving you a revised AGI of $350,000. Since the law imposes the 3.8% surtax on the lesser of either the amount your revised AGI exceeds the $250,000 threshold for joint filers ($100,000 in this case) or the amount of your taxable gain ($25,000), you end up owing a surtax of $950 ($25,000 times 0.038).

Capital Gain: Sale of a Principal Residence

AGI Before Taxable Gain  $325,000

Gain on Sale of Residence  $525,000

Taxable Gain

(Added to AGI) $25,000 ($525,000 – $500,000)

New AGI $350,000

($325,000 + $25,000 taxable gain)

Excess of AGI over $250,000 $100,000

($350,000 – $250,000)

Lesser Amount

(Taxable) $25,000 (Taxable gain)

Tax Due $950

($25,000 x 0.038)

See Kenneth Harney's article and Health Reform scenarios at Realtor.Org.

Please consult your tax advisor for information that directly pertains to your situation.