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Saturday, October 10, 2009
Short Sale 1099 Made Simple to Understand
Many sellers are under a great deal of misinformation about the applicability of the issuance of IRS 1099 forms as they relate to short sales.
When a bank forgives debt in reality the benefit the taxpayer receives is the same as receiving income. Banks that accept short sales and forgive all or part of the debt are obligated, as a matter of law, to issue a 1099 to the taxpayer. In many instances banks are so overwhelmed they simply have been derelict in issuing 1099’s to their sellers. Although many IRS regulations can be confusing it is easy as 1, 2, 3 to understand as they relate to short sales.
1. Principal Residences. The Mortgage Forgiveness Debt Relief and Debt Cancellation Act is in effect until December 31, 2012. Under this law, sellers of a primary residence are forgiven up to Two (2) million of debt, if married and one (1) million if single or married filing separately. Do not confuse this with the capital gain exclusion of $500,000.00 and $250,000.00 respectively. Put another way, if an individual sells his primary residence there basically will be no tax consequence for a short sale.
2. Rental Properties. If the property is a rental property or has been rented in the past and appeared on previous tax returns then the transaction may be treated as a business loss. In this instance, the income received (debt relief) will be washed away by the business loss (sale of the property) on a dollar for dollar basis. In short, for income producing properties, provided the property is sold at a loss, typically there will be no tax consequence for a short sale.
3. Solely Second Homes, Vacant Lots or Speculative Buying. In these instances you may get spanked by the IRS. If you never rented out your property, find a way to do so. Without treating the property like a business a taxpayer cannot claim the corresponding business loss. If a lot or a condo was purchased for purposes of flipping and was never rented you will feel the pain of a 1099. Provided money was lost on the investment capital losses may be carried forward to offset some of the gain, however, these losses are deemed capital losses as opposed to ordinary business losses. As a result, the 1099 will only be marginalized slightly by the capital loss.
In summary, principal residences are virtually immune from 1099’s. As to all other properties it is time to find a creative CPA that will classify and treat this property as a business and just not a bad investment. This was a general discussion of the impact of 1099’s on short sales. Be sure to seek qualified advise as it may relate to your specific facts and circumstances.
Courtesy of Ronald S. Webster,
Attorney at Law
Offices of Ronald S. Webster,
985 North Collier Blvd,
Marco Island,
FL 34145
When a bank forgives debt in reality the benefit the taxpayer receives is the same as receiving income. Banks that accept short sales and forgive all or part of the debt are obligated, as a matter of law, to issue a 1099 to the taxpayer. In many instances banks are so overwhelmed they simply have been derelict in issuing 1099’s to their sellers. Although many IRS regulations can be confusing it is easy as 1, 2, 3 to understand as they relate to short sales.
1. Principal Residences. The Mortgage Forgiveness Debt Relief and Debt Cancellation Act is in effect until December 31, 2012. Under this law, sellers of a primary residence are forgiven up to Two (2) million of debt, if married and one (1) million if single or married filing separately. Do not confuse this with the capital gain exclusion of $500,000.00 and $250,000.00 respectively. Put another way, if an individual sells his primary residence there basically will be no tax consequence for a short sale.
2. Rental Properties. If the property is a rental property or has been rented in the past and appeared on previous tax returns then the transaction may be treated as a business loss. In this instance, the income received (debt relief) will be washed away by the business loss (sale of the property) on a dollar for dollar basis. In short, for income producing properties, provided the property is sold at a loss, typically there will be no tax consequence for a short sale.
3. Solely Second Homes, Vacant Lots or Speculative Buying. In these instances you may get spanked by the IRS. If you never rented out your property, find a way to do so. Without treating the property like a business a taxpayer cannot claim the corresponding business loss. If a lot or a condo was purchased for purposes of flipping and was never rented you will feel the pain of a 1099. Provided money was lost on the investment capital losses may be carried forward to offset some of the gain, however, these losses are deemed capital losses as opposed to ordinary business losses. As a result, the 1099 will only be marginalized slightly by the capital loss.
In summary, principal residences are virtually immune from 1099’s. As to all other properties it is time to find a creative CPA that will classify and treat this property as a business and just not a bad investment. This was a general discussion of the impact of 1099’s on short sales. Be sure to seek qualified advise as it may relate to your specific facts and circumstances.
Courtesy of Ronald S. Webster,
Attorney at Law
Offices of Ronald S. Webster,
985 North Collier Blvd,
Marco Island,
FL 34145
Saturday, May 23, 2009
How to Avoid 8 Costly Moving Mistakes
If you have a move in your future, there are definite ways to make the process go as smoothly as possible. Plan ahead and you'll avoid these 8 costly moving mistakes.
1. Scheduling your move on the same day of closing
While most buyers take possession of their new home on the day of closing, there are a lot of conflicts that can arise unexpectedly. Be sure to keep in constant communication with your escrow company so as not to delay your moving plans.
2. Not requiring a written estimate
It's fine to have moving companies give you an estimate over the phone or Internet. But to get a firm price, you need to ask the company to send a representative to walk through your home while you point out exactly what you want transported. Be sure you understand the conditions of the estimate - can they raise your bill on delivery? Does the contract allow them to bill you for more later?
3. Choosing a moving company based on price alone
You could end up spending more time and money in the end trying to fix a moving disaster. Check out the company's references (try to get two), licensing, insurance and length of time in business.
4. Not making a first night survival kit
Better to be safe than sorry. If your shipment hasn't arrived or you're simply too tired to unpack everything, you'll be thankful to have an accessible overnight bag with some essential items you'll need for the first night in your new place. Don't forget toiletries, medication, children's and pet's necessities - and maybe even a bottle of champagne to celebrate.
5. Not using a dolly or a hand truck
Whether you're moving yourself or just rearranging things after a professional move, the money you spend to rent or buy moving equipment will pay for itself by dodging back strains and chiropractic visits.
6. Refusing extra coverage for loss and breakage
The basic limited liability coverage offered to you, free of charge, by the movers will not be sufficient. And most homeowners' policies don't cover items broken or lost in a move. Extra insurance can be purchased through an independent insurance company, which will cover you for the duration of the move. Your mover will be able to direct you to a company that will bind your move.
7. Not labeling boxes
When packing boxes, make sure you label the top and sides of boxes with contents, location of contents in your house and any special instructions, such as "fragile" or "open first." Also, by keeping a list of the contents on the outside of the box, you won't have to dig through several boxes marked "kitchen" just to find a pan.
8. Not keeping your receipts
If you're moving closer to a job, your moving costs may be tax-deductible. Keep receipts for moving household goods, utility change fees and lodging and travel expenses. However, if your employer covers those costs, you won't be allowed to deduct them.
Source: HomePages.com
Monday, May 4, 2009
Inspirational Video
For those of us who think times are tough, take a look at this inspirational video, then think again....
Thursday, April 2, 2009
Stoneybrook @ Gateway - Approved Short Sale and Ready to Go
Listed by Vanessa Franklin Amerivest Realty, 239.290.5627
Gemstone Ct, Ft Myers
Rappatoni MLS: 200904477
Sunshine MLS: 209003655
Approved shortsale at $249,000 for this beautiful two story, 4 bedroom plus Den home has everything you need with almost 3000 square feet of living space and $30,000 in upgrades. This home has closet space and pantries galore and boasts wood laminate floor tray ceilings and much more. Stoneybrook at Gateway has a Tom Fazio designed golf course and the amenities include an aerobics studio, clubhouse, fitness center, fitness trails, playground, volleyball/soccer/baseball fields, swimming pool, tennis court and tot lot. With the Southwest Florida region airport closeby. This is an approved Short Sale at $249,000. See it and you'll want it. Call Vanessa Franklin 239 290 5627 for a showing today.
Monday, March 30, 2009
Fight Foreclosure - Make 'Em Produce the Note!
If your home is currently in foreclosure, there may still be a chance to save it. As a result of lenders buying and selling mortgages your note could have changed hands several times over the course of the loan. But where is the actual note? In some warehouse somewhere? Make ‘em prove they own the debt they say you owe.
Go to the Consumer Warning Network website for some very interesting reading.
Also, Google the words "Produce the Note" and read the plethora of other articles on the subject.
First Published April 4, 2008 from Consumer Warning Network
Go to the Consumer Warning Network website for some very interesting reading.
Also, Google the words "Produce the Note" and read the plethora of other articles on the subject.
First Published April 4, 2008 from Consumer Warning Network
Friday, March 27, 2009
Chinese Drywall - What's the Scoop?
WHAT IS CHINESE DRYWALL?
Chinese drywall is defective or tainted drywall (also referred to as wallboard or plasterboard) imported from China. Not all drywall manufactured from China is tainted. Some defective drywall is not stamped at all and there are a few reported cases where defective drywall bears the name of a U.S. company. It is unknown whether the drywall was actually manufactured in the U.S. or made in China and re-branded here.
There are several theories regarding the cause of the defective drywall. Many believe that the tainted drywall was manufactured at a gypsum mine in Tianjin, China which used fly ash, a waste material that is a byproduct from power plants using coal. Fly ash can leak into the air and emit sulfur compounds. Testing by the Florida Department of Health, however, has revealed significant amounts of organic material present in the Chinese drywall - ranging from 5 to up to 15 percent. Dr. David Krause, the State Toxicologist, states that these findings appear to contradict the theory that waste product from coal-fired power plants are to blame, as they would not be organic. Thomas Eager, an MIT professor believes the combination of cellulose, moisture and sulfates in the gypsum are reacting to release sulfurous acids that are corroding copper and other metals.
WHY IS CHINESE DRYWALL DESTROYING HOMES?
The jury is still out, but it is believed that humidity causes the sulfur in the tainted drywall to offgas (i.e., migrate into the indoor air), which not only creates a noxious odor, but corrodes copper and other metals. DO NOT WASH YOUR WALLS OR STEAM CLEAN YOUR FLOORS OR CARPET IF YOU SUSPECT THAT YOU HAVE CHINESE DRYWALL.
WHAT IS THE TIME-FRAME?
Hundreds of millions of sheets of Chinese drywall were imported from 2004 to 2006, but Chinese drywall has recently been found in homes built or remodeled as early as 2001. Accordingly, this phenomenon cannot be explained solely by the shortage of American-manufactured drywall.
WHERE WAS THE DRYWALL IMPORTED AND WHICH BUILDERS USED CHINESE DRYWALL?
Although not confirmed, the presence of Chinese drywall has been reported in 41 states and is estimated to have been installed in over 100,000 homes in the United States. Last week, it was reported that homes in Canada have also been affected. One must wonder - has any tainted drywall been found in China or Germany (which is where Knauf is based).
Given the volume of Chinese drywall, any home built or remodeled (irrespective of the builder) from 2001 to the present could have Chinese drywall.
Visit ChineseDrywall.com for full report and how to tell whether your homes was built with Chinese drywall.
Chinese drywall is defective or tainted drywall (also referred to as wallboard or plasterboard) imported from China. Not all drywall manufactured from China is tainted. Some defective drywall is not stamped at all and there are a few reported cases where defective drywall bears the name of a U.S. company. It is unknown whether the drywall was actually manufactured in the U.S. or made in China and re-branded here.
There are several theories regarding the cause of the defective drywall. Many believe that the tainted drywall was manufactured at a gypsum mine in Tianjin, China which used fly ash, a waste material that is a byproduct from power plants using coal. Fly ash can leak into the air and emit sulfur compounds. Testing by the Florida Department of Health, however, has revealed significant amounts of organic material present in the Chinese drywall - ranging from 5 to up to 15 percent. Dr. David Krause, the State Toxicologist, states that these findings appear to contradict the theory that waste product from coal-fired power plants are to blame, as they would not be organic. Thomas Eager, an MIT professor believes the combination of cellulose, moisture and sulfates in the gypsum are reacting to release sulfurous acids that are corroding copper and other metals.
WHY IS CHINESE DRYWALL DESTROYING HOMES?
The jury is still out, but it is believed that humidity causes the sulfur in the tainted drywall to offgas (i.e., migrate into the indoor air), which not only creates a noxious odor, but corrodes copper and other metals. DO NOT WASH YOUR WALLS OR STEAM CLEAN YOUR FLOORS OR CARPET IF YOU SUSPECT THAT YOU HAVE CHINESE DRYWALL.
WHAT IS THE TIME-FRAME?
Hundreds of millions of sheets of Chinese drywall were imported from 2004 to 2006, but Chinese drywall has recently been found in homes built or remodeled as early as 2001. Accordingly, this phenomenon cannot be explained solely by the shortage of American-manufactured drywall.
WHERE WAS THE DRYWALL IMPORTED AND WHICH BUILDERS USED CHINESE DRYWALL?
Although not confirmed, the presence of Chinese drywall has been reported in 41 states and is estimated to have been installed in over 100,000 homes in the United States. Last week, it was reported that homes in Canada have also been affected. One must wonder - has any tainted drywall been found in China or Germany (which is where Knauf is based).
Given the volume of Chinese drywall, any home built or remodeled (irrespective of the builder) from 2001 to the present could have Chinese drywall.
Visit ChineseDrywall.com for full report and how to tell whether your homes was built with Chinese drywall.
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