Capital Gains: Now Is The Time To Review Long Term Strategies

Recent History of Changes in Federal Tax Laws – President George W. Bush signed a series of tax cuts into law. The largest was the “Economic Growth and Tax Relief Reconciliation Act of 2001”. It was estimated that it would save taxpayers $1.3 trillion over ten years, making it the third largest tax cut since World War II. The top four tax rates dropped from 28% to 25%; 31% to 28%; 36% to 33%; and 39.6% to 35% respectively.

The “Jobs and Growth Tax Relief and Reconciliation Act of 2003” accelerated the tax rate cuts that had been enacted in 2001, and temporarily reduced the federal tax rate on capital gains and dividends to 15%. Two tax bills signed in 2005 and 2006 extended through 2010 the favorable rates on capital gains.

Because it seems likely that the capital gains rate will go up no later than the end of 2010, now is a good time to review long term real estate investment strategies with your tax professional. It’s also important to remember that 1031 exchanges (also called Starker exchanges) do not avoid taxes, they only defer them into the future. So it’s even more important to review strategies if you are considering an exchange in the near future.

 If you’d like to learn more about the history of income taxes in our country since 1791, here is the link an interesting article – http://www.infoplease.com/ipa/A0005921.html.

Some information above from Information Please® Database, © 2007 Pearson Education, Inc. “A History of Income Taxes in the United States”

New 1031 and Capital Gains Rules

 

Beginning in 2009 investors who exchange for rental or second home properties and then later convert into their personal homes will no longer be eligible for the full $250,000 to $500,000 tax-free exclusions now available on sales of principal residences. New IRS rules will require them to allocate their time of ownership between taxable investment or second home usage and non-taxable principal residential usage.

It has been a fairly common practice for investors to shield themselves from capital gains by moving into exchange properties for a couple of years and thereby converting previously taxable gains into non-taxable principal residential profits.  Under the old law, an investor could exchange into a property, rented out for three years and move in and use the property as a principal residence for two years.  Establishing the property as a principal residence, triggered the tax-free exclusion of $250,000 to $500,000.  With the new law, the exclusion is pro-rated; applying only to the years it was a principle residence.

The new law could mean significant changes in the tax positions of some properties and requires a careful review.  Investors need to consult with their tax professionals and adjust strategies to avoid unwelcome tax surprises in the future.

Capital Gains – A Few Basics …

Capital Gains Rates

The maximum federal tax rate on capital gains is 15%, whereas wage income is taxed at 35%. Then Wisconsin income taxes are added on top of that – up to an additional 6.75%. A total of over 40%. In all the dreaded capital gains tax that haunts many a new investor is in fact a bargain compared to the bit Uncle Sam takes out of our earned income.

Remember, capital gains requires that you hold a property for 12 months or more before selling and that it was held for productive use (i.e., as a rental, not a long-term fix and flip).

Special Exemption for Principal Residence

If you sell your residence, the first $250,000 is exempt from gain or $500,000 if you are married. This requires that the residence was used as such for two of the last five years.

1031 Exchanges

Under IRC Sec 1031, you can roll your profits from a rental property into more real estate and defer paying taxes altogether. Your tax basis rolls into the next property.

Source: “Reduce Your Taxes by Investing in Real Estate” by William Bronchick, JD

We encourage you to consult with a tax professional to develop the best tax strategies for your personal circumstances.