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Tag Archive for Real Estate

Tax Professionals – Question Of The Week For You!

TaxConnections, Tax Question
Am I Better To Put Rental Real Estate In A Sub-S Corporation, An LLC Or A Partnership?

 

Every Friday, TaxConnections addresses a question submitted to our Ask Tax Questions platform. We ask our members to offer their thoughts on the question of the week. We realize you may need more information which you can request in the comments section below or on the TaxConnections website directly with our visitor.

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Change In The Use Of Real Estate

In real estate, it is common to change the use of property from income producing to some other purpose such as personal use and vice versa. When a change of use does occur, the property may be deemed disposed of at fair market value. There are different types of changes in use that will be discussed further and their respective tax consequences.

In a partial change in use, a taxpayer is deemed to dispose only a portion of the property. For example, if a property is used 60% for business and 40% for personal and now the property will be used 100% for business, then there will be a capital gain or loss on only 40% of the property at the fair market value. This is under the assumption that the property is personally held. If the corporation owned 100% of the property, then there may not be a capital gain on this partial change of use. However, the individual may have to pay rent at fair market value for their personal use portion.

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How Real Estate Can Reduce Your Tax Obligation

To maximize the tax benefits of property ownership, homeowners, investors and real estate professionals alike need to be aware of the breaks available to them as well as the rules and limits that apply. Whether you’re selling your principal residence, renting out a vacation property or maintaining a home office, tax savings are available if you plan carefully. However, in some cases, tax savings may be reduced under the Tax Cuts and Jobs Act (TCJA).

Home-Related Tax Breaks

There are many tax benefits to home ownership — among them, various deductions. But when you file your 2017 tax return, the itemized deduction reduction could reduce your tax benefit from some of these breaks. And while that limit goes away for 2018, the TCJA reduces or eliminates these breaks:

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Canada Tax: Capital Cost Allowance For Real Estate And What It Means

Grant Gilmour, Tax Advisor, Tax Blog, Vancouver, Canada, TaxConnections

Capital cost allowance (CCA) is the tax term in Canada for the deduction of amortization on capital assets. There are separate classes of CCA for property, plant and equipment and different rates that apply to each class. There are some specific rules for claiming capital cost allowance related to real estate.

Once construction is complete, a building can be sold as inventory and earn business income, used to earn property income, or used to operate an active business. If the building is not being sold, then it will generally become depreciable property for the corporation. In order to be classified as depreciable property, the building must meet the following conditions: Read more

Canada: Inventory Value of Real Estate

In real estate, once a property is being developed or held for resale it will generally be classified as inventory. It is important that inventory is valued properly as it can have a significant impact on net income year to year.

Real property can be valued at the lower of cost or market value. The method used in valuing a corporation’s inventory must be consistently applied year to year. There must be an acceptable reason for changing methods and it must be acknowledged by Canada Revenue Agency (CRA).

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Canada Tax: Capitalization Of Development Cost Under The Income Tax Act

Grant Gilmour, Tax Advisor, Tax Blog, Vancouver, Canada, TaxConnections

During the development phase or period of construction, there are many costs that are incurred. The majority of these expenditures are added to the capital cost of property or to the cost of inventory.

Soft costs do not have to be capitalized once the construction is complete or on the day that the building is substantially (at least 90%) used for its intended purpose. An occupancy certificate or completion certificate issued by the municipal building department is sufficient evidence that construction is complete. Read more

Real Estate And The Net Investment Income Tax And Self-Employment Tax.

Brett Thompson, Tax Advisor, Katy, TX, TaxConnections

If you are planning or are actually doing a real estate business, either as an investor or as an active participant, you will have to deal with the these:

Net Investment Income Tax: If you have net investment income and your modified adjusted gross income exceeds $250,000 for married persons filing jointly, then there is a 3.8% tax on the lesser of (1) your net investment income, or (2) the amount your modified adjusted gross exceeds the threshold amount.  Note that self-employment income is not net investment income. Read more

How To Maximize Deductions For Business Real Estate

William Rogers, Tax Advisor

Currently, a valuable income tax deduction related to real estate is for depreciation; however, the depreciation period for such property is long and land itself isn’t depreciable.

Whether your real estate property is occupied by your business or is being used as a rental, here’s how you can maximize your deductions:

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Expats: Buying Or Selling Real Estate Abroad

All Americans are required to file U.S. taxes and report their worldwide income, wherever in the world they live. Thankfully there are a number of IRS exemptions that can be claimed to reduce or eliminate U.S. tax liability for expats, however even if no U.S. tax is owed, expats still have to file an annual federal return.

There are thought to be around 9 million Americans living overseas, many of whom, particularly those who have moved abroad permanently, consider purchasing foreign real estate. Read more

An IRS Hot Button – What Is Really The Cost? Part III

Jim Marshall

(This is the 3rd and final article of this series. Click here to read Part 1 and Part 2.)

By now you are getting the idea that “cost“ may be an elusive animal. Still we have only scratched the surface. Let’s talk about other factors that might affect you in the pocketbook.

While these are not all inclusive, and if you have specific questions please contact me and I will address them privately or in general depending on the issue and your preference. Read more

An IRS Hot Button – What Is Really The Cost? Part II

Jim Marshall, real estate, cost basis

Previously, I discussed keeping documented support for the basis of real estate. The easy part was the purchase and direct capital expenditures. But consider some of the other factors that directly impact your basis. Sale of an easement or eminent domain transfer, is it a sale, what is the allocated basis, does it diminish the remaining property value and if so how much? Read more

An IRS Hot Button – What Is Really The Cost? Part I

Jim Marshall

One of the IRS hot buttons lately is the cost basis. That applies to not only the basis of your stock and bond investments but also the much more diverse real estate holdings and private investments in partnerships, corporations, joint ventures, LLC’s and even trusts. Read more

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