Second home owners could be affected negatively by the new Debt Relief Act

On Friday the House passed the Mortgage Forgiveness Debt Relief Act by an overwhelming majority.  The goal of the bill is to help people who sell their homes in a short sale.  A short sale occurs when the house is sold for less than what is owed on the mortgage and the balance due is forgiven by the lender.  In the past, the amount forgiven was considered income and income taxes would be due on it.  If the bill passes the Senate and is signed into law by the President, it will help many people who are struggling with financial problems so that they at least do not get taxed on what they don't have. 
ImageChef.com - Custom comment codes for MySpace, Hi5, Friendster and more Someone has to come up with the money that will no longer be generated by these taxes, and it could very well be vacation and second home owners.  According to the Square Feet blog,

<Uncle Sam wants to clamp down on a loophole that enables wealthier taxpayers to shelter gains from rental properties and vacation homes by briefly treating each of them as "principal'' residences.>

 A few years ago, the loophole was big enough to drive a bus through, but it was narrowed down when the law was changed to say that if you moved into your vacation home or investment property and turned it into a primary residence, you had to live there at least two of the last five years before you could pocket up to $250,000 per person gain when you sold it.

Today it looks as if that loophole will be narrowed further still, although the details of the restrictions are still not clear.  Many people have done several Section 1031 Tax Deferred Exchanges, rolling the gain from each sale into a larger property with plans to eventually turn the last one into a permanent residence on retirement.  That strategy may no longer work!  At least, not without paying more in taxes when you sell it.  Stay tuned and I will update you as I learn more details as this bill goes through the senate. 

 

30 Comments on Second home owners could be affected negatively by the new Debt Relief Act

Maybe a CPA will comment on this. I think the rules on a rental or second home changed already on that last year. I think it is 2 extra years to convert to use the exemption.

10/13/2007 10:23 PM by KC Coonc, Bellingham Commercial Real Estate (Windermere Real Estate/Whatcom, Inc.)


Tax issues are huge on these short sales not to mention all the other hoops you have to jump through....Sometimes I wonder if they are even worth it...

10/13/2007 10:26 PM by Brandon Causey Realtor Coastal Palmetto Realty LLC (Coastal Palmetto Realty LLC)


good information... I'd like to see someone get a CPA guest blogger on here to write a nice concise opinion from a pro's point of view

10/13/2007 10:37 PM by Boca Raton Florida & Boynton Beach Florida Mortgage Loans


This post brings to mind the saying what comes around goes around. I didn't realise that people were taking advantage of the short sales for tax purposes.

Cute avatar - I like the Tshirt but where are the cats?

10/13/2007 10:37 PM by Dena Stevens ~ Ecobroker ~So. Colorado Realtor (Colorado Western Real Estate)


KC, the change to shrink that loophole so that you lived there two of the last five years was already made a year or two ago, but they are talking about shrinking it more.  The language is already in the bill as it passed the house, but I am told it is a bit nebulous and will take some interpretation.  By extending the time even more, it will generate more taxes to replace what the seller doing the short sale would have had to pay. 

Brandon, what the bill says is that the forgiven debt will no longer be treated as income, so Sellers will not have to pay taxes on money they didn't get. 

 

10/13/2007 10:40 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Any CPAs out there?  Of course, the bill still has to go through the Senate, and there will probably be more changes made before it becomes law. 

Dena, that cat is in the lap again, sharing with the laptop, but with the avatar it was the cat OR the computer; not both!   I don't think people have been taking advantage of anything.  This bill, if it passes, will help those who are selling short, but will have the side effect of costing some second home owners more. 

10/13/2007 10:44 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Not a big fan of txes as nothing is free. Much of tax money is wasted. The subprime mess was caused by lack of oversite in many of these transactions. Some one was not explaining the numbers to the buyers. I wonder how many people who did not have to go subprime did actually go. The Congress will likely get it wrong, let people defer the gain unitl they can pay. All who received money from the feds from Katrina are now finding that they owe taxes on the oney after they have rebuilt their homes with it. Great to know when you are finsihed and in debt that you owe more. Someone forgot to tell. I should quit rambling

10/13/2007 10:53 PM by Eric Bouler (Prudential Gardner)


Eric, the whole Katrina thing was such a mess, it doesn't surprise me that it has been messed up further.  I was in New Orleans for the NAR convention last year and was amazed by how much had not been done. 

10/13/2007 11:02 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


This is vary good information.  I like ready material such as this.

10/13/2007 11:06 PM by Gary Bland (Century 21 All Islands)


I am looking at it from a little different angle Gary, because most people are focused on the tax savings on the debt forgiveness.  As we have few foreclosures but lots of second home owners, I am looking at it from their viewpoint.

10/13/2007 11:10 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Joanne, When the government gets their hand all over an issue someone is going to have to pay. We just have to see who they choose this time.

10/13/2007 11:46 PM by Camarillo CA Real Estate Agent/ Mana Tulberg (Beach View Real Estate)


Joanne, glad to see some relief may be insight for these people and sorry to see the 2nd home and vacation home owners picking up the slack. I guess we can't have our cake and eat it, too. Although, if we could, my selection would be chocolate!

10/14/2007 10:35 AM by Sacramento Real Estate and Luxury Homes, Assoc. Real Estate Broker,Gena Riede (Remax Gold, Assoc Broker)


Hi Gena, I go for chocolate myself!  I must say that the majority of second home owners aren't even aware of that loophole, but there were several people who were planning with that goal in mind. 

10/14/2007 11:09 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Joanne,  The government there sounds very similar to here....squeezing every last drop out of it's citizens.

Good info for homeowners....you really stay on top of this stuff !

Jo 

10/14/2007 07:27 PM by Jo-Anne Smith-Belleville, Quinte and Prince Edward Region Real Estate, Ont. (Royal Lepage Proalliance Realty, Brokerage)


Joanne- This is great information for lots of folks. It will be interesting to see how this continues to develop with the politicians believing that buyers are ignorant and need to be taken care of and them determining to increase taxes at the same time. It seems as though when they help someone, they have to hurt someone else. It must be one of those unwritten rules.

10/15/2007 07:07 AM by Jennifer Steck- Denver Real Estate (Rocky Mountain Homescapes, Keller Williams, Denver Colorado)


Hi Jennifer, when they lose one source of revenue, they have to find a replacement for it.  Those with deeper pockets look like good candidates!

10/15/2007 08:56 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Jo, as someone who is also in an area that has a large number of vacation properties, I'd be very interested, as well, to get more details. 

10/15/2007 09:18 AM by Options Realty


Hi Laurie, I will be updating everyone once is becomes law.  Our little niche is one that gets surprisingly little press and sometimes you have to hunt for it!

10/15/2007 09:27 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Joanne,

I wonder what the new wording will be?  Sometimes these tax law changes have consequences that are not intended by congress.  I know AMT was never intended to hit the middle class but it is coming closer every year. 

10/17/2007 06:17 PM by Rita Taylor | Sanford NC Real Estate & Homes for Sale in Sanford North Carolina (Strother Real Estate)


Your guess is as good as mine Rita, but I bet it won't help second home owners!

10/17/2007 08:13 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Joanne,

Without knowing all the details, it still looks like the vacation home owners are going to lose on this one. Yet, it shouldn't have a large impact on that market segment since it doesn't appear to be a sweeping change.

10/19/2007 11:06 PM by Esko Kiuru - Las Vegas NV Mortgage Consultant (Sinifox Financial)


Hi Esko, it will be a small number affected, but still...he with the deeper pockets is a target. 

10/20/2007 12:00 AM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


    Thanks for the heads-up on this Joanne.  It will affect all of us and our clients in the 2nd home market.

10/20/2007 12:01 PM by Joan Snodgrass Tri-Lakes Realtors, Shell Knob, MO (Tri- Lakes REALTORS)


Joan, perhaps you more than some, as I am guessing that you might have a larger share of people that would buy a home doing a 1031 with plans to retire there in a couple of years.  Of course, it doesn't affect them until they sell that home, but sooner or later you pay the piper.

10/20/2007 04:13 PM by Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)


Let me see if I get this right, the government makes laws to help people that have made bad decisions by punishing people that have made good decisions. It sounds like a win win for the government, they keep a lot of people off welfare and at the same time they keep the middle-class from getting further ahead. It is supposed to be for the people by the people. Who's doing the voting?

10/24/2007 05:41 PM by Jason Adams-Summit County, Colorado Realtor (Coldwell Banker Colorado Rockies Real Estate)


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Real Estate Agent: Summit County, Colorado Realtor l Joanne Hanson (Coldwell Banker Colorado Rockies Real Estate)
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