buy house abroad and


The Tribune, Chandigarh, India - Business NEWS AND VIEWS PUNJAB HARYANA JAMMU & KASHMIR HIMACHAL REGIONAL BRIEFS NATION OPINIONS MAILBAG BUSINESS SPORTS WORLD SPECIAL COVERAGE CHANDIGARH LUDHIANA DELHI THE TRIBUNE SPECIALS 50 YEARS OF INDEPENDENCE TERCENTENARY CELEBRATIONS B U S I N E S S A-I fleet expansion plan takes off as Boeing offers Rs 1,000 cr rebate New Delhi, December 24 The empowered Group of Ministers today approved flag carrier Air-Indiasplans to purchase 68 aircraft, after securing a Rs 1,000 crore discount on the deal value from US manufacturer Boeing. Istithmar stake in SpiceJet is $50m Stewardesses walk past the engine of an Air Deccan Airbus A-320 aircraft on the tarmac at Bangalore airport. Low-cost private carrier Air Deccan announced on Saturday, that it would buy 30 A320 aircraft from European consortium Airbus Industrie for $1.5 billion. AFP photo Apax to buy Tommy Hilfiger for $1.6 b New York, December 24 After several months of searching for a suitor, Tommy Hilfiger on Friday embraced the same private equity firm that two years ago helped buy out fellow US design icon Calvin Klein. EARLIER STORIES No decision on selling stake in PSUs December 24, 2005 New Year bonanza for RIL investors December 23, 2005 Kalam draws up roadmap for 10-12 pc GDP growth December 22, 2005 Govt to list large central PSUs December 21, 2005 Govt invites EoI for 8 pc stake in Maruti shares December 20, 2005 Raha terrific CEO, but ONGC faulty, Mani tells PM December 19, 2005 Govt may inject dose of health cess to boost economy December 18, 2005 Rs 9,245-cr package for rural coops okayed December 17, 2005 Tatas buy Thailands steel company December 16, 2005 Aiyar blows hot and cold on LPG, kerosene price hike December 15, 2005 Roche, Hetero ink deal London, December 24 Swiss pharmaceutical firm Roche has signed a deal Hyderabad-based Hetero Drugs authorising it to manufacture and sell its anti-viral flu medicine Tamiflu under licence in a number of developing countries. CBoP mulls acquisition Mumbai, December 24 The Centurion Bank of Punjab, the merged entity between the Centurion Bank and the Bank of Punjab, today said it is looking at further acquisition to increase its presence in the domestic market. INVESTOR GUIDANCE NRIs can buy house abroad and claim exemption in India Q: I have sold my house in India and earned some capital gains. Can I claim exemption u/s 54 by purchasing a house abroad? Aviation Notes Tourism to figure in Punjabi Parvasi Divas meet Aviation and tourism are among a few vital areas for development and expansion through non-resident Indians in Punjab in particular and country in general. Taiwanese models display a Toyota Motor Marathon Race concept car at the 2006 International Auto Show on Saturday in Taiwan. AP/PTI A-I fleet expansion plan takes off as Boeing offers Rs 1,000 cr rebate Tribune News Service & PTI New Delhi, December 24 The empowered Group of Ministers (eGoM) today approved flag carrier Air-Indias (A-I) plans to purchase 68 aircraft, after securing a Rs 1,000 crore discount on the deal value from US manufacturer Boeing. Besides the huge discount on the total price of around Rs 35,000 crore, Boeing has also offered to set up MRO (maintenance, repair, overhaul) and training facilities in India at a cost of around $205 million. The eGoM has also made Boeing agree to sourcing materials from India, equal to 30 per cent of the value of the aircraft, which works out approximately to Rs 8,500 crore. After a five-hour long meeting that eGoM and A-I officials held with Boeing representatives, Civil Aviation Minister Praful Patel told reporters that the documents would now be sent to Prime Minister Manmohan Singh for final approval. The eGoM, headed by Finance Minister P. Chidambaram, has Law Minister H.R. Bhardwaj and Programme Implementation Minister Oscar Fernandes and Patel as members. Patel had a few months ago informed Parliament that the deal would cost Rs 38,900 crore which was the price prevailing at that point of time. Official sources said A-I has converted its options to buy 16 aircraft into a firm order, taking the total number of firm orders to 50. It is also acquiring 18 more aircraft for its subsidiary Air-India Express. The fleet would comprise eight Boeing 777-200 (Long Range), 15 B777-300 (Extended Range) and 27 B787s, besides 18 Boeing 737-800s for Air-India Express. The AI Board has selected engines for all 68 aircraft from the CFM International, a 50:50 joint venture between Snecma of France and General Electric Aviation of the US. While the B777-200s and 777-300s would be fitted with GE90 engines, the B787s would have GEnx engines, totalling to about Rs 4,912 crore. The B737-800s of the AI Express would be fitted with CFM56 engines at a cost of around Rs 768 crore. The fleet acquisition proposals of Air-India and Air-India Express were cleared by the Public Investment Board on October 13. While the precise calculation of the monetary concessions was being worked out, an official statement gave a break-up of the $205 million investments promised in India by Boeing and GE. The money would be used for setting up four training simulators costing (up to $75 million), MRO for Boeing aircraft (up to $100 million) and training and other civil aviation requirements ($10 million), besides GEs investment in an engine shop ($20 million). Istithmar stake in SpiceJet is $50m Dubai: Istithmar PJSC, a UAE-based investment house focusing on private equity and alternative investments, has announced that it has raised its stake in low-cost Indian carrier SpiceJet to $50 million. It invested $12.5 million in SpiceJet earlier this year, and the present stake-rise was made through the carriers recent issue of Foreign Currency Convertible Bonds (FCCB). Istithmars investment in SpiceJet, its first in India, reflected the groups long-term plans in Indias burgeoning aviation industry, news reports said. Executive Chairman of Istithmar Sultan Ahmed Bin Sulayem, said his company is extremely bullish on low-cost carriers in India with the current spate of reforms and the gradual shift to a more open skies policy. UNI Apax to buy Tommy Hilfiger for $1.6 b New York, December 24 After several months of searching for a suitor, Tommy Hilfiger on Friday embraced the same private equity firm that two years ago helped buy out fellow US design icon Calvin Klein. Tommy Hilfiger Corp said it had accepted a $1.6 billion cash takeover bid from Apax Partners. Apax in 2003 teamed up with clothing vendor Phillips-Van Heusen Corp. to buy Calvin Klein, and PVH said it is in preliminary talks with Apax on how they could collaborate on a Tommy deal. This is an incredible brand, a great American iconic brand that we think we can continue to grow globally very significantly, John Megrue, Apax co-chief executive officer, said. John Orrico, fund manager of the Arbitrage Fund, a mutual fund that specialises in merger targets, said that in light of Tommys 49 per cent share rise this year, the price seemed fair. Theyre getting taken out in line with market expectations, Orrico said. Tommy Hilfiger, which maintains headquarters in Hong Kong and New York, has struggled with relatively flat sales for the past five years. J.P. Morgan Chase & Co. advised Tommy Hilfiger on the deal. Reuters Roche, Hetero ink deal London, December 24 Swiss pharmaceutical firm Roche has signed a deal Hyderabad-based Hetero Drugs authorising it to manufacture and sell its anti-viral flu medicine Tamiflu under licence in a number of developing countries. The deal makes Hetero the second drug company after Shanghai Pharmaceutical Group to receive a sub-licence that will allow it to sell large volumes of Tamiflu at a price that it chooses. It will also be the first time Roche has authorised a partner company to produce and sell Tamiflu not only in its home market but also in other less developed and developing countries. A Roche spokesman said the deal, which initially lasts for two years, will allow Hetero to sell Tamiflu at whatever price it chooses in India and countries where there is no or poor intellectual property protection for the drug. UNI CBoP mulls acquisition Mumbai, December 24 The Centurion Bank of Punjab, the merged entity between the Centurion Bank and the Bank of Punjab, today said it is looking at further acquisition to increase its presence in the domestic market. To fund the acquisition and other expansion plans, the bank would raise up to Rs 416 crore in the overseas or domestic markets. It would also increase its authorised capital to Rs 250 crore from Rs 150 crore by issuing additional 20 crore shares to three private equity investors. Acquisition is part of our strategy. We will grab the opportunity as and when it comes, Banks Chief Executive Officer Shailendra Bhandari told PTI from Goa where the banks board held an extraordinary general meeting. He said the acquisition would aim at increasing the banks presence in the country and would be carried out in such a manner that the branches do not overlap too much. Centurion Bank of Punjab has 240 branches, mainly concentrated in the North and South. It has reasonable presence in the West and limited presence in the East. Asked whether the bank would look at any bank in the East for acquisition, Bhandarai evaded any direct answer. PTI Investor guidance by A.N. Shanbhag NRIs can buy house abroad and claim exemption in India Q: I have sold my house in India and earned some capital gains. Can I claim exemption u/s 54 by purchasing a house abroad? Vinayak A: Sec. 54 and 54F give exemptions from tax on long-term capital gains arising out of sale (or transfer) of a long-term asset, provided the assessee has purchased within one year before or two years after the date of sale or has constructed within three years after that date, a residential house. Now comes the amusing part. An NRI (and in some special conditions, even residents) can buy a house abroad and claim the exemption legitimately. The legislation has not added the words in India! Yet another case for CBDT. 1-by-6 category Q: Is 1-by-6 category for filing returns applicable to NRIs? Bhoumik A: Notification 10674, dated August 20, 1998 has exempted NRIs from the 1-by-6 category. It has also exempted senior citizens having no business or professional income even if they possess an immovable property. Also foreign travel to certain countries like Bangladesh, Bhutan, Maldives, Nepal, Pakistan, Sri Lanka or pilgrimages to Saudi Arabia or to China organised by Ministry of External Affairs does not fall under the 1-by-6 category. Income from NSC Q: I have purchased NSCs, which mature after six years. My question is regarding taxation thereof. Do I have to pay the tax at the time of maturity when I receive the money? That would mean a heavy burden on me and may take me to the next tax bracket also. Is there any way out? Subhash A: The income from NSC is chargeable to tax on accrual basis. It accrues only at the end of each year. The year-end is computed from the date of purchase and is not related to the end of the financial year. However, if you have failed to do so in earlier years, you may pay the tax at the end of the term (on receipt basis) but you will lose all benefit of deductions on annual interests. Section 80C Q: I invested in the Tax Saving ELSS mutual fund scheme in the month of August/ September, 2005, opting for Systematic Investment Plan (SIP). I invested an amount of Rs 5,000 per month and would thus invest a sum of Rs.35,000 by March 31, 2006. I also intend to deposit an amount of Rs.70,000 in my existing PPF account before March 31, 2006. Can you kindly let me know: 1) Whether I will be eligible to get deduction of Rs.1 lakh from my taxable income u/s 80C for A.Y. 2006-07; 2) Whether the above mentioned investments, both in ELSS as well as PPF would qualify for EEE or EET method on withdrawal (ELSS investments will remain locked in for 3 years hence attracting long term capital gains upon withdrawal after three years and PPF account completes 15 years this year hence eligible for total withdrawal of balance and closure next year). 3) I have some earned interest on my investment in NSC in previous years and will pay LIC premium on my 12-year-old insurance policy and will continue to earn interest on existing NSC and pay premium on the insurance policy in future also. So what treatment would they get in subsequent assessment years EEE or EET? If I will need to claim deduction u/s 80C for the same. Sumeet A: Yes, you are entitled to claim the benefit u/s 80C for the FY 05-06 for both ELSS and PPF investments. EET has not yet become a law and it is strongly felt that if and when it is enacted, it will not be with retrospective effect. Therefore, at least for FY 05-06 the old EEE system will apply. The answer to this question is similar to point 2 above. For FY 05-06, it will be EEE and for subsequent years, it will depend upon when and in what manner the law is enacted. Demat charges Q: I read your article on Dividends - Look before you strip, was informative for layman . Sometimes the accountants who file our returns are not aware of all these lT rules (IT laws). I have a small doubt in stocks / equity shares, while considering capital gain/loss, can we factor in CDSL or demat charges ? What about STT? Vinod Argekar, Muscat A: The Continent Deferred Sales Load or CDSL is reduced by the MF from the repurchase NAV and the investor gets only the net proceeds in hand. Hence, it gets automatically factored in. STT cannot be claimed by an investor as a deduction. However, if you are a trader, you can set-off the STT against your tax on trading profits. Demat charges are of two types, one charge is for dematting the particular scrip whereas the other charge is the general holding charge. The first charge can be directly associated with the scrip and hence you can claim it. The other charge needs to be apportioned over the entire portfolio and hence is that much more difficult to claim. If it is significant then the apportionment exercise may be carried on. However, if it is minimal then the means wont justify the end. Trust this meets your requirements. The author may be contacted at wonderlandconsultants@yahoo.com Aviation Notes by K.R. Wadhwaney Tourism to figure in Punjabi Parvasi Divas meet Aviation and tourism are among a few vital areas for development and expansion through non-resident Indians (NRIs) in Punjab in particular and country in general. This all-important topic will be discussed threadbare at the two-day international convention, organised by the Punjabi Parvasi Divas at Chandigarh on January 14 and 15, 2006. Many renowned aviators and tourism personalities are expected to provide wide-range data for expeditious progress. Aviation analysts are of firm belief that speedy progress is possible only when infrastructure is developed at different airports. The fact of the matter is that many more planes are criss-crossing domestic skies than before but there is not even marginal development at airports, which are the gateways of the country. Existing climate is conductive as common people have realised that time saved is money saved. No wonder more persons are flying through no-frills airlines. Apart from Indian, which has been a key player for decades, five private carriers Spicejet, Air Deccan, Kingfisher, Sahara and Jet Airways have been flying high. While India continues to have major market share, these private operators have been offering razor-sharp competition to each other. In a free for all, more private operators are about to join as the new year unfolds. The analysts feel that the competition will become more combative which new promotions and schemes being floated by innovative players. Imagine, Air Deccan is even eyeing for flying on NE routes to capture the market. The fares are lower but we have no problem to make the most of it, said airline officials. This is however one version of the airline industry. The other is that there are more players in the vexed airline trade than there is room for. They predict at least 50 per cent will fold or merge with each other before 2006 closes. This observation is not improbable because airline trade is a rough industry. Recently, Kingfisher Airlines has introduced special fares for the Indian armed forces, government employees and public sector personnel. Analysts says it is surprising that no carrier is offering similar kind of facilities to mediapersons. Media is a huge market now. There is indeed a boom as far as airlines are concerned. But despite new operators and routes being connected with each other, the ground situation in airports remain static. The congestion has increased manifolds and pre-flying and after flying continues to be irksome to passengers. If the passenger has to reach airport about two hours before scheduled departure, he has to wait for long to get his baggage. In all, flying is not as much comfortable as it ought to be. Flights are often delayed and then there are instances when flights are cancelled without any prior notice to passengers. Some operators are hell-bent on taking passengers for granted. 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Buy House

- Drought - AFA - USOC - CC Hockey Williams had to buy house, handle influx of big money (09/04/05) By FRANK SCHWAB THE GAZETTE ENGLEWOOD - Cornerback Darrent Williams was drafted April 23 by the Denver Broncos. He had three months and five days to get his life together in a new city before he reported to training camp. A few days after he was drafted, Williams had a lot on his mind, aside from the defensive and special-teams playbooks he had to learn. He had to find a house, furnish the house, get a car, hire a financial advisor and maybe buy his mom a house and a car, among other things. "It's different," Williams said. "I never had to look into buying a house or anything like that." His signing bonus was $1.275 million and his base salary is $230,000 this year. Williams said the hardest part probably was buying his house. Assistant defensive backs coach Jimmy Spencer gave Williams the name of a real estate agent shortly after he was drafted, which helped. Williams had never been to Denver, although he got some advice on the area from Broncos running back-Tatum Bell, a former college teammate. Williams stayed in the dorms during his first three years of college at Oklahoma State, then moved into an apartment his last year, so buying a house was a major step. "It was real hectic," Williams said. "I've never purchased anything really in my life, especially not a house. And now there's the mortgage and the payments and the loans and all the crazy stuff you have to go through." Williams said he looked at about 20 places before settling on a townhouse in Parker. "It was fun at first but it got old," Williams said. "I'm like `I'm tired of this. I just want to buy this and get it over with.'" Williams also had to buy a car and make a few other important purchases, but he said the other thing - aside from working out with the team, learning the playbook and going through the offseason camps - that stressed him out was hiring a financial advisor. "That was real stressful because these guys call you every day like they're your best friend now," Williams said. "You don't even know these guys. But everybody acts like they got your best interests. It's all about the money so you have to be careful with it." Williams eventually hired the same financial adviser employed by Broncos second-year receiver Darius Watts. Williams had his flat screen plasma television hooked up before he left for the Broncos' headquarters on the day the team reported to training camp. He still has some things on his to-do list - he is in the process of getting his mom a house but he was caught up enough that he could concentrate on his job. "I got moved in and everything, so I don't have to worry about anything," Williams said. "I can focus on football until the season is over."



buy property, the agent

The Peoples Guide to Mexico: Real Estate in Ajijic and Lake Chapala, Mexico People's Guide Homepage • Copper Canyon • Live & Retire • Carl's Notebooks • Letters • Favorite Books • Visit our Sponsors • Table of Contents • The Best of Mexico: Favorite Places Live & Retire in Mexico Lake Chapala area Buying Property in the Lake Chapala Area by Tony Harries & Teresa A. Kendrick In the last decade or so, it is estimated that more than 10,000 foreigners have purchased property on the Northshore of Lake Chapala. Long prized as a weekend retreat by wealthy Guadalajarans, the villages from Lake Chapala to Jocotepec now boast an expatriate community said to be the largest in the world. Ajijic has become the prime location for foreigners because of its infrastructure of services, such as internet access, and the existence of the Lake Chapala Society, an English-speaking resource center for newcomers and residents. The Real Estate Climate on the Northshore At present, the Northshore has 20 real estate agencies. Their level of competency and expertise vary. In Mexico, the real estate industry is not regulated by the government. It is self-regulated. Two associations are responsible for training agents and policing the ethics of the agencies: AMPI (Asociacion Mexicana de Profesionales Inmobiliarios) is the national organization (with a lakeside chapter) and Gil (Grupo Inmobiliario del Lago) is the local organization. Many offices belong to one or the other, and some belong to both. They provide multiple-listing services that allow agents to show properties listed by other agencies, an advantage for both buyer and seller. The most professional agencies also provide their own in-house training for new agents. Several agencies have websites that will allow you to get a feel for the company, the houses that are available and the prices of property and land. The websites allow you to interact with the agency via email, and, if the site is good, will offer background information and answers to frequently asked questions. It can also provide you with the name of an agent. Choosing an Agent Good agents tend to work for well-run organizations. When walking into the office for the first time, take a look around. Does it look professionally managed? Are key personnel bilingual? Are listings photographed, detailed and organized so you can spend time reviewing available properties and evaluating how much your money will buy? Talk with several agents to find one you feel is knowledgeable, experienced, available, compatible, and upfront. Professional, reliable agents provide service before, during, and after a sale. If a problem or error arise, your agent should work hard to correct it. After your initial meeting, ask around about the reputations of various agencies and agents, but be aware that while gathering information, it is very likely you will also gather misinformation. One person can easily contradict another; this is human nature and common in a small communities. Being a Good Client/Firing an Agent Agent- and agency-hopping is an ethical no-no, but after viewing several properties reevaluate your agent. If you feel that the agent is not listening to you, tell him or her; they will appreciate you restating your requirements. Often clients are confused about what they want, or unrealistic about what their money can buy. Be clear about what you want. Buying a house is an emotional process, so be prepared to experience some unusual feelings and reactions and understand that an agent has the dual job of steering you through the process of buying property in another country and your own learning curve. If you are unable to work with your agent, graciously fire that agent and find another. You might use a simple, “Thank you for your time and efforts. We feel we wish to expand our search and thought we might consult with another agency. If we feel you can be of further service, we will get back to you.” Remember, the agent you are releasing is a member of the community in which you will live and diplomacy will save some feelings down the line. How to be a good Client If your first visit to the area is an exploratory excursion, tell your agent. He or she will guide you as you gather preliminary information. If you are not in a position to buy at the time, limit the time you spend with the agent as he or she has other clients to serve. If you have funds available to buy property, the agent will intensify the search for a suitable property and guide you through the process. Be clear about how much you can spend and when you plan to resettle. Remember agents often work for months without reimbursement for their out of pocket expenses. The Nitty Gritty At this time, prices for houses on the Northshore run anywhere from $22,000 US to 1.35 million US. The average home with the amenities sought by North American buyers are in the $100,000 US range. Location, as everywhere, is one of the most determining factors for setting the price. The further out from services you go, the lower prices will be. View, construction type, size and amenities determine the rest. Clients can choose from gated communities which offer security (a plus for residents who spend 6 months in Mexico and 6 months elsewhere), large country estates, and village living. Village homes are connected to one another by common exterior, and, occasionally, interior walls and allow residents to live within walking distance of most services and activities. Do not let any agent sell you ejido land. No matter what future promises anyone may make, you will not get a legal title. This is land set aside by the government for the indigenous people of Mexico and cannot be sold to foreigners. Also, there are a few places on the Northshore known for their instability due to soft soil or geothermal faults, and some places have water supply problems. Informed, wise agents will steer you away from these trouble spots. The Buying Process Purchasing a home or lot on the Northshore is primarily a cash transaction, but occasionally short-term owner financing is available. When you make an offer to the seller you must present a check for 10% of the value of the house. A photocopy is made of this “earnest money” and the check itself is placed in the agency safe. Once negotiations are completed under the supervision of the respective buying and selling real estate agents, and both parties have signed a purchase agreement, the check is deposited into the escrow account of the selling agency. The check is later applied to the balance of the purchase price at the notary public’s office. (Note: The actual sale price of a property is not a matter of public record in Mexico, nor is it registered with the government. It is unethical for an agent to tell you the sale price of a property. He or she can tell you what the property was listed for, but not what was paid.) The Closing Closings take place in the office of a Notario Publico, or notary public. These are lawyers of very high standing who, after 5 years of legal practice, apply to the government for notario status and must undergo strict scrutiny to be awarded the title. With it comes many responsibilities and important legal functions. One of these is to preside over and ensure the legality of property transfer. The notary authenticates the seller’s right to sell the property, scrutinizes the history of the property for any irregularities, and makes sure the deed is clear and free of liens through appropriate government offices. Since the buyer pays for the closing costs and notary’s fees, it is his or her privilege to select the notary. The notary can advise the buyer which type of deed meets his needs: direct deed or bank trust deed. The notary will file with the Mexican government the application for the transfer of the deed from seller to buyer. His official signature on all documents finalizes the purchase and makes it a legal transaction under Mexican law. From purchasing to closing the norm is 30 to 60 days, but motivated parties can complete the process within 15 days. Differences in Home Construction There is no slab-frame construction in this part of Mexico. A home here is usually of concrete, glass, stone, brick, iron and rebar construction. Wood is expensive and used little except for design affect. Each wall is load-bearing and has its own foundation. Many houses have exterior walls and decorative metal work to ensure privacy and security. There are "aljibes" (cisterns) for water storage and in some of the newer homes, water purification and pressure systems are built-in. You will also find tanks for storing propane used for cooking and heating water as there is no infrastructure to supply natural gas. You will notice a lack of central heating and air conditioning, as it’s not essential. A fireplace on a cool evening or morning is charming and does the trick. There are no building codes so a good agent will provide you with information about levels of construction quality and what might be buried within the walls. Developers The north shore of Lake Chapala has recently seen a rise in new, speculative construction meant to appeal to buyers from the North. Much of this work is being done by young, Mexican architects from monied Guadalajara families with varying degrees of experience and dependability. There are also projects being developed by American, Canadian and European companies. Remodeling Many buyers purchase a home with the intent of upgrading and remodeling the existing structure. Craftsmen, laborers, architects and artisans abound in the area. If you are in the market for such services, perhaps your agent can help direct you to a general contractor who has a good reputation. Be sure to get a signed, witnessed contract stipulating prices and the quality of work and materials to be used. If language is a problem, get a translator to help you. Several translators are listed in the Lake Chapala Society directory, a members-only book that can be loaned to you by your agent. If, during the remodeling, you feel you have been financially abused, the government has an agency with an office in Chapala called PROFECO which helps consumers receive satisfaction. The pace of work is probably not what you are used to, but in Mexico, patience is required as distribution of materials, cultural standards, and community -- and family-based events interrupt building schedules. Real Estate Agencies/Developers/Internet Websites In Ajijic: Abode Realty: Adj Corporation Ajijic Developments: http://www.ajijicdevs.com Ajijic Real Estate, http://www.ajijic.com ; email: ajijic@infosel.net.mx Ambience Fine Home Builders: http://www.ambiance.com.mx America Mexico Builders Camille’s Realty/Coldwell Banker Chapala Realty: http://www.chapala.com Continental Realty Chula Vista Norte Eager & Asociados: http://www.mexconnect.com/MEX/ea/ea.html Laguna Real Estate: http://www.mexconnect.com/amex/lgna/ Marnher Group RE/Max Ajijic: http://www.desconresorts.com In Chapala: Coldwell Banker/Chapala Realty (Chapala Office), http://www.chapala.com Sierra Vista: In Chula Vista: Century 21 Vistas: http://www.lagunanet.net.mx/c21vistas In Jocotepec: Semprex Realty In Riberas del Pilar: Sunset Realty: http://www.sunsetrealty.com.mx In San Antonio Tlayacapán: Re/Max Fenix About the authors: Tony Harries is a real estate agent who has been working in the Lake Chapala area since June 1997. He is an award-winning school teacher from Texas who retired after 31 years of service. Proficient in Spanish, he has developed a deep appreciation of Mexico following several decades of travel in Mexico before his retirement. He has helped clients from all over the world buy property in the area and this year became a top producing agent for one of the area’s leading agencies. His email is tonyharr@prodigy.net.mx Teresa Kendrick is the author of the recently published book “Mexico’s lake Chapala and Ajijic: The Insiders Guide to the Northshore for International Travelers” Highly detailed and up-to-date, the 208 page book boasts 143 color photographs, a well-organized table of contents and index, and information about nearly everything available on the Northshore of Lake Chapala for travelers and newcomers. The book is available with a full-color map of the Northshore for $26 US plus shipping and handling. The book will be available to purchase locally by calling 76-6-3163 or by ordering from her website: http://www.chapalaguide.com Teresa's email is ajijic@chapalaguide.com . Top of Page Homepage Table of Contents Site Map Write to us, Carl & Lorena http://www.peoplesguide.com ©1972-2001 by Carl Franz & Lorena Havens Copper Canyon • Live & Retire • Table of Contents • Book Reviews • Letters



Real Estate Loan

Deductibility of Real-Estate Loan Refinancing Charges Deductibility of Real-Estate Loan Refinancing Charges By Steven V. Melnik E-mail Story Print Story With interest rates at all-time lows, many Americans are refinancing home loans. Because refinancing transactions usually cost thousands of dollars, it is important to know when refinancing expenditures are deductible. Loans Secured by a Principal Residence The IRC defines a principal residence as where the taxpayer spends the most time during any given taxable year. Consequently, principal residence status can change from year to year. As a general rule, taxpayers can deduct points paid for refinancing principal residence loans. IRC section 461(g) defines many fees as points, but only qualifying points are allowed as a deduction. Qualifying points are usually fees paid to the lender for a loan (see the Sidebar for a list of requirements). Loan application, processing, underwriting, and other fees are not deductible. Revenue Procedure 94-27 allows itemized deductions for qualifying points resulting from the purchase of a principal residence. Points paid for refinancing an existing mortgage, however, cannot be immediately deducted. According to IRC section 461(g), those points are deducted over the life of the new loan. To calculate the portion of those points deductible in any particular year, determine the deductible points for each loan payment and multiply by the number of payments made during that year (per payment amortization). For example, consider an individual who paid $1,800 refinancing qualifying points on a principal residence for a 30-year loan requiring 12 payments per year (a total of 360 payments). The $5 allowable deduction for every loan payment is calculated by dividing $1,800 by 360. Six loan payments during the year would result in a $30 itemized deduction, with unamortized points amounting to $1,770. Multiple Refinancing Activities Remaining refinancing points are generally deductible in the year when a second refinancing occurs with a different lender. In the example above, the remaining $1,770 first-loan points would be deductible that year. If the second refinancing is with the same lender, however, the remaining points and any new qualifying points paid would be deductible over the life of the new loan. Points paid during a refinancing transaction are immediately deductible to the extent the new loan is used to substantially improve a principal residence, assuming the requirements listed in the Sidebar are met. Substantial improvements, such as building an addition to a house, qualify. For example, a $60,000 loan from bank B to refinance bank A’s $40,000 loan and a $20,000 house addition would result in one-third of the newly paid qualifying points being deducted that year. Refinancing of Second or Vacation Homes Some Americans are investing in real estate as an alternative to stocks and bonds. Tax rules applicable to vacation and second homes differ from those for primary residences. Points paid for a purchase, substantial improvement, or refinancing of second and vacation homes are generally deductible over the life of the loan. The per-payment amortization method is applicable. Other refinancing-related expenditures increase the tax basis of the home. Rental Properties and Properties Used in a Trade or Business. When refinancing rental properties and properties used in a trade or business, all ordinary and necessary refinancing expenditures are deductible over the life of the loan. Refinance-related expenditures for rental properties are deductible on line 18, Form 1040, Schedule E; for properties used in a trade or business, expenditures are deducted on Form 1040, Schedule C. Other Deductibility Issues When sellers of real estate pay for points on the buyer’s behalf, they are not allowed to deduct those points, but can reduce sales proceeds. Buyers can deduct those points if the property basis is reduced by the same amount. All other refinancing-related expenditures, such as attorney, appraisal, bank, title, and other fees, are not deductible. They do, however, increase the tax basis of the home to the extent they are not deductible. Points are deductible when a cash-basis taxpayer itemizes deductions. Deductibility can be affected, however, when a taxpayer’s adjusted gross income reaches a certain threshold. (The 2003 threshold is $69,750 for married filing separately returns and $139,500 for all others.) The deductibility of refinancing-related expenditures depends upon the type of property securing the refinanced loan, as well as how the loan proceeds are used. The use of the property must be understood, because properties can be used for more than one tax purpose in any given year. It is important to be familiar with the tax consequences of refinancing transactions in order to derive the maximum benefit. Steven V. Melnik, LLM, JD, CPA , is Professor of Tax Law and Director of Graduate Tax Programs at Bernard M. Baruch College, City University of New York. May 2004 Issue Enlarge Cover Features Regulation of Professions by Interstate Compact 20 Questions onTrust, Medicaid, Insurance, and Asset Transfers Accounting for Stock Option Government Procurement Basics More This Issue | Past Issues Home | Contact | Subscribe | Advertise | Archives | NYSSCPA The CPA Journal is broadly recognized as an outstanding, technical-refereed publication aimed at public practitioners, management, educators, and other accounting professionals. It is edited by CPAs for CPAs. Our goal is to provide CPAs and other accounting professionals with the information and news to enable them to be successful accountants, managers, and executives in today's practice environments. ©2005 The CPA Journal. Legal Notices



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