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REAL ESTATE TAX IMPLICATIONS AND CONSEQUENCES
A tax is a monetary charged that is imposed by the government, through an agency known as the Internal Revenue Service (IRS), on people, entities, property, income, and transactions in order to generate public revenue.
Several types of taxes are involved in the real estate context.
Collateral-inheritance tax is a tax levied on the transfer of property that is accomplished by a will or, if a decedent died without a will, by intestate succession. The tax is imposed only if the transfer is made to a beneficiary who is not the decedent´s spouse, parent, or descendant. An estate tax, on the other hand, is a tax imposed on any transfer of property by will or by intestate succession, including a transfer to a spouse, parent, or descendant of the decedent.
A gift tax is imposed on a gift-that is, when property is transferred voluntarily or gratuitously. Under federal law, a gift tax is payable by the gift-giver. However, some states tax the recipient of the gift.
A property tax is a tax that is levied on the owner of a parcel of real property according to the assessed value of the property. Property taxes are imposed by local governments, and vary widely among localities. They are used to fund local resources such as school districts and municipal projects.
A transfer tax is imposed on the transfer of property, especially as such transfer is accomplished through a will, an inheritance, or a gift.
One of the most important taxes to be aware of with respect to real estate purchase and sale is capital gains tax. A capital gains tax is a tax imposed upon income that is derived from a sale of a capital asset, which is any property owned by the taxpayer that is sold for a price greater than that at which the seller purchased it. For example, a purchaser of real estate who subsequently sells the property for a profit is subject to a capital gains tax on the difference between the lower purchase amount and the higher resale amount.
Capital gains taxes are levied at two levels: a higher rate for capital gains on short-term holdings, and a lower tax rate that is applicable to capital gains on long-term holdings. IRS Publication 523, which is referred to commonly by real estate professionals as the "2/5 Rule," explains how capital gains can be excluded from taxation.
Every homeowner gets an automatic tax exemption of $250,000 for the sale of a parcel of real property. The 2/5 rule says that persons who have owned and lived on a particular parcel of real property, making that property their main home, for at least 2 years during the 5 year period immediately preceding the date of the sale of the property may exclude any gain they realize on the property sale. The rule is intended to avoid a situation in which a homeowner is able to claim the $250,000 exemption twice within a single two-year period.
According to IRS Publication 523, a person may still be able to claim an exclusion in some circumstances, even if he or she has lived in the property in question as their primary residence for a period of less than two full years. Furthermore, the two-year residency requirement need not always be continuous; in some circumstances, it is sufficient to be able to claim the exemption if a homeowner has lived in the property for a cumulative two years in the applicable five-year period.
The exceptions to the 2/5 rule are applicable in circumstances in which the sale of a home is the result of a change in employment, health, or unforeseen circumstances, such as material changes to a homeowner´s financial ability to maintain the property. These exceptions are called "Safe Harbors," and are intended to protect homeowners who must sell a property for valid and necessary reasons from being liable for a tax that is designed to apply to real estate investors who use the purchase and sale of real property for the sole purpose of realizing a profit.
Taxes associated with real estate transactions can be complex. A Certified Public Accountant (CPA) or a real estate attorney can assist in understanding and handling tax consequences. GBrey |