Three Important Tax Benefits of Owning Real Estate

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Tax season can be a stressful time for everyone. No matter how much you prepare, it’s not unusual to get to February and learn that you owe the Government more than you originally thought. This year is particularly complicated in light of COVID-19 and the extension of the new tax deadline to July 15, 2020. 

While there is no way to avoid the stresses of tax season this year, there are ways that you can make it go a little smoother next year. One of the most impactful things that you can do in the year ahead is purchasing a home. 

There is a handful of tax benefits that Illinois homeowners see around tax season including deductions, credits, and tax-free profits. 

Deductions

When you are looking to legally lower your tax liability, a deduction is one of the easiest ways to do so. When looking to deduct, you should consider what expenses you have incurred over the year, and subtract it from your gross income. When you own a home, there are a variety of ways to achieve this. 

  • Mortgage Interest Deduction

This allows you to deduct interest paid on your mortgage. There are different regulations and limits set on this depending on marital status and how you file. Taxpayers can deduct mortgage interest paid on up to $750,000 in principal. Investment property mortgages are not eligible for the mortgage interest deductions, although mortgage interest can be used to reduce taxable rental income. 

  • Mortgage Point Deduction

Many homeowners also have eligibility to deduct paid mortgage points from their taxes.  Mortgage points are fees you pay in order to decrease the interest rate. Each of these points costs 1% of the overall loan amount. If you choose to pursue this route, you can deduct the points over the life of the loan or in the year they were paid.

  • State and Local Taxes Deductions

When purchasing a home, it is important to consider the deductions for state and local taxes. This includes any property taxes that you pay on your home. There is a $10,000 limit per/household for these deductions. 

Many Illinois residents find this deduction cap to be a disadvantage because of the state’s higher property tax bills.

  • Home Office Deductions

If Americans have learned anything from the latest COVID-19 pandemic, it is that many jobs can function remotely from the home. If you are considering adding a home office to a new home, then this is another valuable item that you can to write off. 

In order to qualify for this deduction, the space that you assign as the office must be used regularly for business. The space must also be exclusively for business. This means that you cannot just add a desk to a bedroom and write off the entire space. 

Credits

In addition to the tax deductions that you can receive when you own your own home, you can also be entitled to credits that reward you for making your home more energy-efficient. The residential energy-efficient property credit will offer 22% to 30% of the cost back to you if you make improvements in the home that follow a more Green living standard. It is an incentive set in place to help encourage homeowners to make eco-friendly changes to the home. Some of these changes might include but are not limited to, adding solar panels, a solar water heater, wind turbines, or geothermal heat pumps. 

Tax-Free Profit

If you are looking to sell your home, you can still receive tax benefits in the coming year. Unlike most profits, the capital gains accumulated when selling a house can be tax-free up to $250,000 (if you are single) or $500,000 (if you are married filing jointly). In order to qualify for this benefit. The house must have been your primary residence for at least two out of five years before the final sales date.

Remember to bring your Settlement Statement to your accountant if you purchased or sold a real estate during the tax year. If you are looking to purchase or sell a home or investment property and would like to know more about tax benefits and consequences, contact your accountant and Tannehill Law today.

What are the Pros and Cons of Listing Your Home for Sale by Owner?

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We live in a “Do-It-Yourself” culture. With the internet and its vast resources, people can teach themselves to do just about everything on their own now and save thousands of dollars while doing so. You can use the internet to self-publish your novel, completely redo your entire kitchen, or list your home for sale.

For Sale By Owner, is a growing phenomenon in real estate, and it is the top choice of many people looking to sell their home.

What Does “For Sale by Owner” Mean?

When someone lists a house as “For Sale by Owner,’ it simply means that the homeowner is listing the house without any assistance from a real estate agency. Instead, the home is being directly listed and sold by the owner of the home. This means that everything in the process that would previously go through an agency including but not limited to, inspections, negotiations, open houses, and showings, will instead be handled by the owner of the home.

Like most business strategies, there are both pros and cons to choosing to sell a home For Sale by Owner.

Pros

  1. Opportunity to Save on Costs– The number one reason many sellers choose to sell their homes themselves, rather than include a real estate agent in the transaction, is to save on costs and get more money out of the sale. In most real estate transactions, the real estate agent is paid for their work by collecting a percentage of the total sale. Without a real estate agent conducting the sale, the sellers will not need to pay a commission.
  2. More Control of the Sale and Negotiations– When an offer is accepted on a home, and the inspection is conducted, a new game of “back and forth” begins as the buyer and seller negotiate until they agree to a deal that both believe to be fair. In some cases, this can be settled in a matter of two emails in a couple of hours. However, in many cases, this back and forth can go on for weeks before both parties come to an agreement. When a real estate agent is involved, this correspondence will go through them before it reaches the seller. Sellers sometimes see the “middle-man” as an extra barrier to the negotiation process. Many people find a more direct approach to negotiations to be a benefit of selling a home without an agent.
  3. May Be More Appealing to Buyers– Just as the above points may appeal to sellers, they may also appeal to the buyers as they are often hoping to purchase, close on, and move into their new home as soon as possible. As a seller, your For Sale by Owner home may appear more attractive to a buyer who is also looking to cut out the extra person in the transaction, and speed up the process.

Cons

  1. May Not Appeal to All Buyers– While some buyers may see a For Sale By Owner home to be an easier process, others may want the guidance of a seller’s agent to help guide the transaction. If this is the case, some buyers may eliminate your home as an option before they even have time to view it. By using a real estate agent, your home will be listed on the Multiple Listing Services (MLS), allowing a vast majority of Buyers the ability to view your home.
  2. Ease of Showing Your Home to Attract more Buyers: When using an agent, the agent will schedule showing and do their best to attract potential buyers to view your home to encourage more traction that will result in an offer.
  3. Higher Risk of Contract Complications– When you use an agent, you will likely be going through the process a professional who has walked through the steps countless times before. Unless you deal with contracts and home negotiations every day, you may not have a clear idea about what specifics to look for, and what loopholes to avoid. Many times, without professional or legal help, you could agree to something you did not intend to.
  4. Could Cost More in Time and Money– While cutting a real estate agent out of the transaction may end up saving you the extra closing costs, it might not always end up saving you money in the end. Many times a real estate agent can advise you through the process, and help you to avoid extra or unnecessary costs. If you are not familiar with the process or the logistics behind it, you could end up spending more money than you save.

Five Steps to Take If you are Thinking About Listing Your Home “For Sale By Owner.”

  1. Research and Understand the Market– First and foremost, you must remember that you will be dealing with experts in the field, and to get the most out of the endeavor, it is essential to make yourself a sort of expert as well. Before you list your home, be sure to research both the market and the process. Be sure to cover all your bases to leave no room for error.
  2. Clean and Organize the Home– Most real estate agents have an eye for the details that need to be changed, fixed, or decorated in a home to appeal to the buyer. They know how to display the home and capture the listings in a way that will generate more interest. Without an agent, this responsibility will fall on you as the seller. Be sure to take the time to present your home in a way that captures the best aspects and appeals to your target.
  3. Look for Platforms to List and Market Your Home– One of the most important aspects of selling a home, with or without an agent, is marketing. Real estate agents have access and experience with all of the most effective marketing and selling platforms for homes. When selling a house as For Sale By Owner, it is important that you do your research and ensure that your house is listed on all of the necessary channels to get it seen.
  4. Consult with a Legal Real Estate Expert– As mentioned before, no matter how much you research the process, it is hard to compete with experts in the business. To avoid signing into a flawed contract, be sure to get an expert’s opinion on the matter.

If you are looking to sell a house For Sale By Owner, but you are looking for a legal eye to review any contracts or documents contact Tannehill Law for legal expertise to assist you in the process every step of the way.

 

The Benefits of Forming an LLC for Holding Investment Properties

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Over the past decade, investors have flocked to the real estate market. From house flips to rentals, a real estate investment can be a lucrative way to get more out of your extra income. However, when making an investment of this magnitude, it is essential to ensure that you are taking the path for best return. For many, this path might include forming an LLC to hold these investments.

What is an LLC?

LLC stands for “Limited Liability Company.” It is a separate entity formed to separate personal and business operations and limit personal liabilities that may occur.

Why Form an LLC? 

As mentioned before, an LLC keeps a divide between personal and business affairs. There are a variety of reasons people find this separation to be helpful when accumulating investment real estate: 

 

  • Liability Protection- Real estate is a significant investment, and like all significant investments, the payoffs can be huge, and so can the losses. When someone enters this market, they are prepared to gamble, however, they may be less likely to gamble with their family’s values. By investing under an LLC, you are personally protected from most liability claims that may arise with the property. For instance, if you rent out the property, and the renter gets injured on the property, they may file a lawsuit. If the property is held by an LLC, the suit will be filed against the LLC rather than against you personally, as an individual. 
  • Company Shares– Many people prefer to enter an investment with a trusted partner rather than taking on the entire gamble on their own. By forming an LLC, you can sell shares of the company to let multiple people in on the benefits and losses that the investment might experience. Additionally, creating a business operating agreement for the LLC partnership will allow a clear understanding of roles and expectations of the business and partners involved. 
  • Tax Write-Offs– No one likes a fight against the IRS, and while you can write business expenses off on your personal taxes, it can get a lot more complicated. For example, you may write off your cell phone plan because you use it for business, but you may be questioned if you also use the cell phone for personal use. Writing off expenses, under and LLC, tends to simplify the process, and allow you to get a fair return for expenses with less of a fight. Keeping expenses separate and clean under and LLC allow for better track of business and personal expenses when filing an annual tax return.  

 

When an LLC is Not The right Fit

While there are many benefits of forming an LLC to invest in real estate, there are also times when this option may not be the best fit for your unique interests:

 

  • Owner Occupied Residences- Many investors find luck by investing in multi-family homes or duplexes where the investor will occupy one of the homes and rent out the other unit. While this can be a successful business model, you may run into trouble securing financing for this plan under and LLC because you will be occupying the home. Additionally, individual tax benefits for an owner-occupied home outweigh the tax benefits of an LLC. 

 

Whether you are thinking about purchasing your first investment property, or your third, it is important for you to discuss your options to help ensure that you get the best deal while also avoiding any legal or tax consequences. A real estate attorney is an essential role in the process.

Contact Tannehill Law today if you are seeking professional legal guidance to assistance you in your next real estate investment.