Essential Tax Codes to Know in Real Estate

Surya Yadav

Going through the intricacies of property deals requires a solid understanding of essential tax codes. Whether you’re an investor, homeowner, or real estate professional, knowing essential tax codes can significantly impact your financial decisions and outcomes. By mastering these fundamentals, you can optimize your tax strategy and make informed decisions in the dynamic real estate market.

In this article, we will break down the critical tax codes related to real estate, from capital gains taxes to deductions for property expenses. 

Mortgage Interest Deduction (MID)

The MID is a tax incentive that permits real estate owners to remove the interest amount on their loans from their taxable income. This subtraction applies to loans to buy, construct, or renovate a primary or secondary home. By reducing the amount of taxable income, the MID lowers the overall tax burden for qualifying homeowners.

It’s particularly beneficial for those with large mortgages, as it can lead to substantial tax savings over the life of the loan. According to Investopedia, home mortgage interest deduction is one of the most liked tax rebate types in America. The deduction amount is just a fraction of the interest paid on a mortgage. It allows house owners to deduct mortgage interest paid up to $750,000 of their loan principal amount.

What happens if I finance my mortgage loan again? Will it affect my deduction?

You can still claim the MID on the interest paid if the new loan is used to buy, construct, or renovate your home. However, the subtraction may be restricted if the amount of the new mortgage exceeds the original loan balance.

Property Tax Deduction

The property tax deduction allows property owners to subtract the state and local property taxes on their real estate from their federal taxable income. This deduction applies to taxes paid on primary residences, secondary homes, and, in some cases, land. It’s a valuable benefit that can reduce the overall tax burden for homeowners, particularly in areas with high property taxes. 

According to Bankrate, every household pays an average of $2459 as property tax each year. However, the total amount depends on the state you live in and your home’s value. This is the reason everyone’s property tax is somewhat different. 

According to Statista, Alaska and Connecticut were reported to have the highest property taxes in FY 2022. In Connecticut, the property tax was 2.14%, while in California, it was 0.76% of the property’s value.

IRS says your subtraction of state and local pay, usual sales, and property taxes is limited. As an individual, a total deduction of $10,000 is allowed. It becomes $5,000 if a married couple is filing separately.

Capital Gains Tax

A tax imposed on the profit made by selling assets like property, bonds, stocks, etc, is known as the capital gain tax. For real estate, this tax is spread over to the difference between the sale price and the cost price of the original property.

The tax rate hinges on the period till which the asset was held. Long-term capital gains are taxed at a lower rate if the assets are held for more than a year. The short-term gains are taxed at a higher rate. Homeowners may qualify for an omission of up to $250,000 ($500,000 for married couples) on the gain, reducing their tax liability.

What alterations have recently been made to capital gains tax rates?

The capital gains tax amount will apply only to revenue generated from the sale of assets held for 365 days or more. It is referred to as long-term capital gains, as stated by Investopedia. Depending on the taxpayer’s tax slab for that year, the present rates are 20%, 15%, or 0%.

1031 Exchange

Section 1031 of the US Internal Revenue Code has provided this type of tax return its name. It allows real estate investors to submit capital gains taxes when they sell a property and reinvest the proceeds into a similar property. 

The 1031 exchange tax-deferral strategy is commonly used by investors looking to upgrade their real estate holdings without immediately triggering a tax liability. 

According to RealtyMogul, the process requires strict adherence to particular rules and timelines. It requires identifying the replacement property within 45 days and completing the exchange within 6 months. With a 1031 Exchange, investors can potentially build wealth more efficiently through continued reinvestment.

What are the probable risks or downsides of a 1031 exchange?

The potential risks of a 1031 exchange include the strict timelines, which can create pressure to find a suitable replacement property within 45 days. The exchange deal must close within 180 days. Additionally, if the new property decreases in value or fails to generate expected income, the deferred tax liability could outweigh the benefits. 

Depreciation of Rental Property

Depreciation of rent property is a tax assumption that allows landlords to recover the price of their investment over time. The IRS authorizes owners to belittle the value of the property (excluding land) over 27.5 years for housing rentals. Each year, a share of the property’s value can be subtracted from taxable income, dropping the overall tax burden.

However, if the property is sold, the depreciation claimed is subject to “recapture,” meaning it may be taxed at a higher rate. Depreciation is a valuable tool for managing rental property finances but requires careful accounting and long-term planning.

Home Office Deduction

The home office deduction permits small business proprietors and self-employed professionals to subtract expenses related to a share of their home used commercially. This deduction can include a part of rent or loan interest, utilities, insurance, and upkeep costs. To qualify, the space must be frequently and solely used as the primary place of business or for meeting clients. 

According to Bench, the IRS identifies mainly 2 types of expenses: indirect and direct. Direct expenses are 100% deductible from tax, like the amount you used to renovate the office space of your home. Indirect expenses mean a portion of expenses like an electricity bill will be deducted. Suppose you are using 15% of your home space, and your electricity expense is $2000 for a year. You can deduct up to 15% of that utility expense on your tax return.

The deduction can significantly reduce taxable income, but it requires careful documentation to meet IRS requirements. Homeowners should be aware that taking this deduction could affect capital gains exclusions if they sell their home in the future.

Common Mistakes and Best Practices

When claiming real estate tax deductions, common mistakes include misreporting expenses, failing to meet IRS requirements, and poor record-keeping. For example, claiming personal expenses as business deductions or incorrectly calculating depreciation can trigger audits and penalties. 

Best practices include maintaining meticulous records, understanding eligibility criteria, and consulting with a tax expert to confirm compliance. Frequently reviewing and updating your tax knowledge can help maximize benefits while minimizing risks. It can also confirm that you’re taking full advantage of available deductions without running against the IRS.

Maximizing Your Real Estate Tax Benefits

Understanding and effectively managing real estate tax deductions is crucial for optimizing financial outcomes. By staying informed about key tax codes, avoiding common pitfalls, and following best practices, you can reduce your tax burden and enhance your returns. 

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