10 Common Errors Home Owners Make When Filing Taxes

Guest Blogger: G. M. Filisko
Originally Published: January 25, 2011

Don't rouse the IRS or pay more taxes than necessary - know the score on each home tax deduction and credit.

Sin #1: Deducting the wrong year for property taxes

You take a tax deduction for property taxes in the year you (or the holder of your escrow account) actually paid them. Some taxing authorities work a year behind - that is, you’'e not billed for 2010 property taxes until 2011. But that's irrelevant to the feds.

Enter on your federal forms whatever amount you actually paid in 2010, no matter what the date is on your tax bill. Dave Hampton, CPA, tax manager at the Cincinnati accounting firm of Burke & Schindler, has seen home owners confuse payments for different years and claim the incorrect amount.

Sin #2: Confusing escrow amount for actual taxes paid

If your lender escrows funds to pay your property taxes, don’t just deduct the amount escrowed, says Bob Meighan, CPA and vice president at TurboTax in San Diego. The regular amount you pay into your escrow account each month to cover property taxes is probably a little more or a little less than your property tax bill. Your lender will adjust the amount every year or so to realign the two.

For example, your tax bill might be $1,200, but your lender may have collected $1,100 or $1,300 in escrow over the year. Deduct only $1,200. Your lender will send you an official statement listing the actual taxes paid. Use that. Don’t just add up 12 months of escrow property tax payments.

Sin #3: Deducting points paid to refinance

Deduct points you paid your lender to secure your mortgage in full for the year you bought your home. However, when you refinance, says Meighan, you must deduct points over the life of your new loan. If you paid $2,000 in points to refinance into a 15-year mortgage, your tax deduction is $133 per year.

Sin #4: Failing to deduct private mortgage insurance

Lenders require home buyers with a downpayment of less than 20% to purchase private mortgage insurance (PMI). Avoid the common mistake of forgetting to deduct your PMI payments. However, note the deduction begins to phase out once your adjusted gross income reaches $100,000 and disappears entirely when your AGI surpasses $109,000.

Sin #5: Misjudging the home office tax deduction

This deduction may not be as good as it seems. It often doesn’t amount to much of a deduction, has to be recaptured if you turn a profit when you sell your home, and can pique the IRS’s interest in your return. Hampton’s advice: Claim it only if it’s worth those drawbacks.

Sin #6: Missing the first-time home buyer tax credit

If you met the midyear 2010 deadlines, don’t forget to take this tax credit into account when filing.

Even if you missed the 2010 deadlines, you still might be in luck: Congress extended the first-time home buyer credit for military families and other government workers on assignment outside the United States. If you meet the criteria, you have until June 30, 2011, to close on your first home and qualify for the tax credit of up to $8,000.

Sin #7: Failing to track home-related expenses

If the IRS comes a-knockin’, don’t be scrambling to compile your records. Many people forget to track home office and home maintenance and repair expenses, says Meighan. File away documents as you go. For example, save each manufacturer's certification statement for energy tax credits, insurance company statements for PMI, and lender or government statements to confirm property taxes paid.

Sin #8: Forgetting to keep track of capital gains

If you sold your main home last year, don’t forget to pay capital gains taxes on any profit. However, you can exclude $250,000 (or $500,000 if you’re a married couple) of any profits from taxes. So if you bought a home for $100,000 and sold it for $400,000, your capital gains are $300,000. If you’re single, you owe taxes on $50,000 of gains. However, there are minimum time limits for holding property to take advantage of the exclusions, and other details. Consult IRS Publication 523.

Sin #9: Filing incorrectly for energy tax credits

If you made any eligible improvement, fill out Form 5695. Part I, which covers the 30%/$1,500 credit for such items as insulation and windows, is fairly straightforward. But Part II, which covers the 30%/no-limit items such as geothermal heat pumps, can be incredibly complex and involves crosschecking with half a dozen other IRS forms. Read the instructions carefully.

Sin #10: Claiming too much for the mortgage interest tax deduction

You can deduct mortgage interest only up to $1 million of mortgage debt, says Meighan. If you have $1.2 million in mortgage debt, for example, deduct only the mortgage interest attributable to the first $1 million.

This article provides general information about tax laws and consequences, but is not intended to be relied upon by readers as tax or legal advice applicable to particular transactions or circumstances. Readers should consult a tax professional for such advice, and are reminded that tax laws may vary by jurisdiction.

G.M. Filisko is an attorney and award-winning writer who was once mortified to receive a letter from the IRS-but relieved to learn the IRS had simply found a math error in her favor. A frequent contributor to many national publications including AARP.org, Bankrate.com, and the American Bar Association Journal, she specializes in real estate, business, personal finance, and legal topics.

Tax Tips for Homeowners Looking Ahead to 2010 Returns

Guest Blogger: Mike DeSenne

Originally Published: February 22, 2010

From energy tax credits to vacation home deductions, check out these tax tips for homeowners looking ahead to 2010 returns.

Claim remaining energy tax credits

It's time to get cracking if you didn't exhaust your full allotment of residential energy tax credits during 2009. Although tax credits for big projects like residential wind turbines and solar energy systems have no upper limit and are good through 2016, energy tax credits capped at $1,500 expire at the end of 2010. Eligible capped projects include new windows and doors, insulation, roofing, water heaters, HVAC, and biomass stoves.

Here's how it works with capped federal credits: You can earn energy tax credits worth 30% of the cost of qualifying improvements, but the total tax credits can't exceed $1,500 combined for 2009 and 2010. So if you only took, say, $700 worth of capped energy credits on your 2009 tax return, you're still due for another $800 in credits in 2010. Some projects include the cost of installation--a furnace, for example--while others, such as insulation, are limited to the cost of materials.

Max out tax benefits of a vacation home

Use a vacation home wisely, and it'll provide a break from taxes as well as the hustle and bustle of everyday life. The rules on tax deductions for vacation homes can get a bit tricky, but understanding and adhering to them can yield many happy tax returns.

If your vacation home is truly a vacation home meant for your personal enjoyment, as opposed to a rental-only income property, you can usually deduct mortgage interest and real estate taxes, just as you would on your main home. You can even rent out the home for up to 14 days during the year without getting taxed on the rental income. Not bad.

Now, let's say you want to rent out your vacation home for more than 14 days in 2010, but also use it yourself from time to time. To maximize the tax benefits, you need to keep tabs on how many days you use your vacation home. By restricting your annual personal use to fewer than 15 days (or 10% of total rental days, whichever is greater), you can treat your vacation home as a rental-only income property for tax purposes.

Why is that a big deal? In addition to mortgage interest and real estate taxes, rental-only income properties are eligible for a slew of other tax deductions for everything from utilities and condo fees to housecleaning and repairs. Deductions are limited once personal use exceeds 14 days (or 10% of total rental days), so get out your calendar now to strategically plot your vacations.

Take advantage of tax breaks for the military

In salute to members of the armed forces serving overseas who want to purchase a home, the IRS is extending a lucrative tax perk for military personnel. If you spent at least 90 days abroad performing qualified duty between Jan. 1, 2009, and April 30, 2010, you have an extra year to earn a homebuyer tax credit. In addition to uniformed service members, workers in the Foreign Service and in the intelligence community are eligible.

Thanks to this extension of the homebuyer tax credit, qualifying military personnel have until April 30, 2011, to sign a contract on a new home. The deal must close before July 1, 2011. Just like non-military buyers, first-time homebuyers can earn a tax credit worth up to $8,000, and longtime homeowners can earn a credit of up to $6,500. The same income restrictions and $800,000 cap on home prices apply.

Military personnel can also get a break if official duty calls and they're forced to move for an extended period. Normally, the homebuyer tax credit needs to be repaid if you sell your home within three years, but this requirement is waived for uniformed service members, Foreign Service workers, and intelligence community personnel. The new extended duty posting doesn't need to be overseas, but it must be at least 50 miles from your principal residence.

Challenge your real estate assessment

You can't do much about the rate at which your home is taxed, but you can try to do something about how your home is valued for taxation purposes in 2010. The process varies depending where you live, but in general local governments conduct a periodic real estate assessment to determine how much your home is worth. That real estate assessment figure is used to calculate your property tax bill.

You can usually appeal your real estate assessment if you think it's too high. Contact your local assessor's office to find out the procedure, and be prepared to do some research. There's often no charge to request a review of your assessment.

Look for errors. You probably received an assessment letter in the mail, and many local governments provide the information online as well. Make sure the number of bedrooms and bathrooms is accurate, and the lot size is correct. Also check the assessed value of comparable homes in your area. If they're being assessed for less than your home, you might have a case for relief.

Even if your assessment is accurate and comparable homes are being taxed at the same rate, there might be another route to tax savings. Ask your assessor's office about available property tax exemptions. Local governments often give breaks to seniors, veterans, and the disabled, among others.

This article provides general information about tax laws and consequences, but is not intended to be relied upon by readers as tax or legal advice applicable to particular transactions or circumstances. Consult a tax professional for such advice; tax laws may vary by jurisdiction.

Mike DeSenne is Online Managing Editor for taxes, finances, and insurance at HouseLogic.com, and the former Executive Editor of SmartMoney.com. He likes to do his taxes by hand, much to the dismay of his accountant.

We Agree - Now is a Great Time to Buy Real Estate - So What Are Steve Harney and I Debating About?

Recently, the KCM Crew at my favorite real estate blog, Keeping Current Matters, posted an article called "The First Question You Should Ask Your Listing Agent".

The answer to that eponymous question was "Do you truly believe that now is a good time to buy a home?" The author went on to explain that the listing agent should be able to convince a potential buyer that now is a good time to buy a home, and thereby "find a listing agent who truly believes that someone should buy your home – TODAY". (Underline emphasis added by me.)

I agree with the first part of that statement - the listing agent needs to be able to respond intelligently to questions about the market, and in my opinion (and that of the KCM Crew) this is clearly an incredible time to buy a home.

The second part of the statement I took issue with, and in fairness, perhaps I was being a little too literal, or overly analytical. That said, I think there is a good message in here about what home sellers should expect that a listing agent (even the "best" listing agent) can and cannot do. Here was my reply to the article:

With regards to “If an agent doesn’t believe that, how will they be able to convince a potential buyer to buy your home?”, how does anyone CONVINCE another person to buy a specific home? Have you ever tried it?

The way to convince a buyer to buy “your home” is to make it the nicest product they can afford in their price range – that means pricing to compete, and improving/staging the home so that it shows to its fullest potential.

A listing agent cannot point out a view or a cabinet finish or a counter top quality that will impact a buyers emotional reaction to a home. In fact, 100% of home buyers I’ve surveyed (anecdotal, I realize) have indicated that they cannot stand hearing from the listing agent at all – “just let me look at the home and draw my own conclusions.”

The listing agent’s job is to educate the home sellers to make their home market-ready, to price it competitively, to negotiate with skill and knowledge (while removing as much emotion as possible), and to ensure that the contract gets to the closing table by staying on top of lenders, post-inspection negotiation, attorneys, and so on….

In my opinion, any conversation between the listing agent and the home buyers should be about the weather, anything related to the transaction would be inappropriate. The listing agent represents the seller, most conversations with the buyer fall into the categories of inappropriate, based on their obligation to the seller, or misleading, attempting to educate the buyer with the sellers actual best interests in mind.

I was pleased to see that nationally-recognized real estate speak, and KCM founder, Steve Harney replied to my comments directly:

Great points, Jason! However, there are many situations when a listing agent might have a conversation with a buyer. Here are a couple:

1. At an Open House on a listing, a buyer says he likes the house but is not sure now is the time to buy. Wouldn’t you talk to that buyer?
2. Same scenario on an incoming call on an ad for the house. Wouldn’t you talk to the buyer?
3. On a presentation of an offer to purchase, the selling agent tells you the buyer wants to wait because he knows prices are still falling. Wouldn’t you coach the agent on why it might not make sense for any buyer to wait in today’s market? The agent then would use your words in coaching the buyer.

I can think of dozens of other situations. Your fiduciary responsibility to one party in a transaction does not prevent you from giving good, honest advice to the other side of the transaction.

Steve

Of course, Steve is correct, and I think we are in harmony on much of this - "violent agreement" as my old UK colleagues used to say.

A good listing agent can educate the general public, be they clients, potential customers, or the average consumer, about the facts supporting the premise that now is, indeed, a great time to buy real estate. An aware home seller will realize that their listing agent cannot "sell" a home, in the sense that pointing out features does not make a buyer want to purchase the home, but that an adept listing agent can speak intelligently about the market and the area, and can get more potential home buyers in the door.