Home For Sale

Frequently Asked Questions - 10. Capital Gains, Losses/Sale of Home Home | Contact IRS | About IRS | Site Map | Español | Help Advanced Search Search Tips IRS Resources Compliance & Enforcement Contact My Local Office e-file Forms and Publications Frequently Asked Questions News Taxpayer Advocacy Where To File 10.1 Capital Gains, Losses/Sale of Home: Property (Basis, Sale of Home, etc.) What is the basis of property received as a gift? To figure the basis of property you get as a gift, you must know its adjusted basis to the donor just before it was given to you. You also must know its fair market value (FMV) at the time it was given to you. If the FMV of the property at the time of the gift is less than the donor's adjusted basis, your basis depends on whether you have a gain or loss when you dispose of the property. Your basis for figuring gain is the same as the donor's adjusted basis, plus or minus any required adjustments to basis while you held the property. Your basis for figuring a loss is the FMV of the property when you received the gift, plus or minus any required adjustments to basis while you held the property. See Adjusted Basis in Publication 551 , Basis of Assets . If you use the donor's adjusted basis for figuring a gain and get a loss, and then use the FMV for figuring a loss and get a gain, you have neither a gain or loss on the sale or disposition of the property. If the FMV is equal to or greater than the donor's adjusted basis, your basis is the donor's adjusted basis at the time you received the gift. Increase your basis by all or part of any gift tax paid, depending on the date of the gift. Also, for figuring gain or loss, you must increase or decrease your basis by any required adjustments to basis while you held the property. See Adjusted Basis in Publication 551, Basis of Assets. If you received a gift before 1977, increase your basis in the gift (the donor's adjusted basis) by any gift tax paid on it. However, do not increase your basis above the FMV of the gift at the time it was given to you. If you received a gift after 1976, increase your basis by the part of the gift tax paid on it that is due to the net increase in value of the gift. Figure the increase to basis by multiplying the gift tax paid by the following fraction. The numerator of the fraction is the net increase in value of the gift and the denominator is the amount of the gift. The net increase in value of the gift is the FMV of the gift less the donor's adjusted basis. The amount of the gift is its value for gift tax purposes, after reduction by any annual exclusion and any marital or charitable deduction that applies to the gift. For more information on the gift tax, please see Publication 950 , Introduction to Estate and Gift Taxes . For additional information on this subject see Gifts . References: Publication 551 , Basis of Assets Publication 950 , Introduction to Estate and Taxes I have investment property. Can you explain the term basis of assets? Basis is your investment in property for tax purposes. Before you can figure any gain or loss on a sale, exchange, or other disposition of property, or figure allowable depreciation, you must determine the adjusted basis. Adjusted basis is the result of increasing or decreasing your original basis according to certain events. Your original basis is usually your cost to acquire the asset. Increases to basis include but are not limited to: . Improvements having a useful life of more than a year . Assessments for local improvements . Sales tax . The cost of extending utilities lines to the property . Legal fees such as the cost of defending or perfecting title . Zoning costs Decreases to basis include but are not limited to: . Depreciation . Nontaxable corporate distributions . Casualty and theft losses . Easements . Rebates from the manufacturer or seller Additional information on basis can be found in Publication 551 , Basis of Assets, or Tax Topic 703 , Basis of Assets . References: Publication 551 , Basis of Assets Tax Topic 703 , Basis of Assets I sold my principal residence this year. What form do I need to file? If you meet the ownership and use tests, you will generally only need to report the sale of your home if your gain exceeds a certain dollar prescribed by law. To determine the amount of gain that can be excluded from income refer to Publication 523 Selling Your Home You may be entitled to exclude gain from income if during the 5-year period ending on the date of the sale, you must have: Owned the home for at least 2 years (the ownership test), and Lived in the home as your main home for at least 2 years (the use test). If you owned and lived in the property as your main home for less than 2 years, you may still be able to claim an exclusion in some cases. If you are required or choose to report a gain, it is reported on Form 1040, Schedule D (PDF) , Capital Gains and Losses . If you were on qualified extended duty in the U.S. Armed Services or the Foreign Service you may suspend the five-year test period for up to 10 years. You are on qualified extended duty when the extended duty lasts for more than 90 days or for an indefinite period AND: At a duty station that is at least 50 miles from the residence sold, or When residing under orders in government housing. This change applies to home sales after May 6, 1997. You may use this provision for only one property at a time and one sale every two years. For additional information on selling your home, refer to Publication 523 , Selling Your Home . References: Publication 523 , Selling Your Home Tax Topic 701 , Sale of your Home - after May 6, 1997 Tax Topic 703 , Basis of Assets If I sell my home and use the money I receive to pay off the mortgage, do I have to pay taxes on that money? It is not the money you receive for the sale of your home, but the amount of gain on the sale over your cost, or basis, that determines whether you will have to include any proceeds as taxable income on your return. You may be able to exclude any gain from income up to a maximum dollar limit. If you can exclude all of the gain, you do not need to report the sale on your tax return. To determine the maximum dollar limit you can exclude or for additional information on selling your home, refer to Publication 523 , Selling Your Home . References: Publication 523 , Selling Your Home Tax Topic 701 , Sale of your Home - after May 6, 1997 Tax Topic 703 , Basis of Assets If I take the exclusion of capital gain tax on the sale of my old home this year, can I also take the exclusion again if I sell my new home in the future? With the exception of the 2-year waiting period, there is no limit on the number of times you can exclude the gain on the sale of your principle residence so long as you meet the ownership and use tests. References: Publication 523 , Selling Your Home Tax Topic 701 , Sale of Your Home - after May 6, 1997 Tax Topic 703 , Basis of Assets I lived in a home as my principal residence for the first 2 of the last 5 years. For the last 3 years, the home was a rental property before selling it. Can I still avoid the capital gains tax and, if so, how should I deal with the depreciation I took while it was rented out? If, during the 5-year period ending on the date of sale, you owned the home for at least 2 years and lived in it as your main home for at least 2 years, you can exclude up to the maximum dollar limit. However, you cannot exclude the portion of the gain equal to depreciation allowed or allowable for periods after May 6, 1997. This gain is reported on Form 4797. If you can show by adequate records or other evidence that the depreciation allowed was less than the amount allowable, the amount you cannot exclude is the amount allowed. Refer to Publication 523 , Selling Your Home and Form 4797 (PDF), Sale of Business Property for specifics on calculating and reporting the amount of gain. References: Publication 523 , Selling Your Home Publication 527 , Residential Rental Property Publication 587 , Business Use of Your Home Form 4797 (PDF), Sale of Business Property How do you report the sale of a second residence? Your second home is considered a capital asset. Use Form 1040, Schedule D (PDF) to report sales, exchanges, and other dispositions of capital assets. References: Publication 544 , Sales and Other Dispositions of Assets Tax Topic 703 , Basis of Assets Tax Topic 409 , Capital Gains and Losses 10.2 Capital Gains, Losses/Sale of Home: Stocks (Options, Splits, Traders) How do I figure the cost basis of stock that has split, giving me more of the same stock, so I can figure my capital gain (or loss) on the sale of the stock? When the old stock and the new stock are identical the basis of the old shares must be allocated to the old and new shares. Thus, you generally divide the adjusted basis of the old stock by the number of shares of old and new stock. The result is your new basis per share of stock. If the old shares were purchased in separate lots for differing amounts of money, the adjusted basis of the old stock must be allocated between the old and new stock on a lot by lot basis. References: Publication 550 , Investment Income and Expenses Tax Topic 409 , Capital Gains and Losses How do I figure the cost basis when the stocks I'm selling were purchased at various times and at different prices? If you can identify which shares of stock you sold, your basis is what you paid for the shares sold (plus sales commissions). If you sell a block of the same kind of stock, you can report all the shares sold at the same time as one sale, writing VARIOUS in the "date acquired" column of Form 1040, Schedule D (PDF). However, what you enter into the "cost or other basis" column is the total of all the acquisition costs of the shares sold. If you cannot adequately identify the shares you sold and you bought the shares at various times for different prices, the basis of the stock sold is the basis of the shares you acquired first (first-in first-out). Except for certain mutual fund shares, you cannot use the average price per share to figure gain or loss on the sale of stock. For more information, refer to Publication 550 , Investment Income and Expenses . References: Publication 525 , Taxable and Nontaxable Income Publication 550 , Investment Income and Expenses Tax Topic 409 , Capital Gains and Losses Form 1040, Schedule D (PDF) How do we show on our tax form where dividends are reinvested? Some corporations allow investors to choose to use their dividends to buy more shares of stock in the corporation instead of receiving the dividends in cash. If you are a member of this type of plan, you must report the fair market value on the dividend payment date of the dividends that are reinvested as income on your tax return. You do not actually show that the dividends were reinvested on your return. Keep good records of the dollar amount of the reinvested dividends, the number of additional shares purchased, and the purchase dates. You will need this information when you sell the shares. Report the dividends that were reinvested with your other dividends, if any, on Form 1040 (PDF) or Form 1040A (PDF). If your total income from ordinary dividends exceeds a dollar amount set by law, you also must file either Form 1040, Schedule B (PDF) or Form 1040A, Schedule 1 (PDF). For more information on this and other types of dividend reinvestment plans, refer to Ordinary Dividends in Chapter 1 of Publication 550 , Investment Income and Expenses . References: Publication 550 , Investment Income and Expenses Form 1040, Schedule B (PDF) Tax Topic 404 , Dividends How do I compute the basis for stock I sold, when I received the stock over several years through a dividend reinvestment plan? The basis of the stock you sold is the cost of the shares plus any adjustments, such as sales commissions. If you have not kept detailed records of your dividend reinvestments, you may be able to reconstruct those records with the help of public records from sources such as the media, your broker, or the company that issued the dividends. If you cannot specifically identify which shares were sold, you must use the first-in first-out rule. This means that you deem that you sold the oldest shares first, then the next oldest, then the next-to-the-next oldest, until you have accounted for the number of shares in the sale. In order to establish the basis of these shares, you need to have kept adequate documentation of all your purchases, including those that were through the dividend reinvestment plan. You may not use an average cost basis. Only mutual fund shares may have an average cost basis. Refer to Publication 550 , Investment Income and Expenses, and Publication 551 , Basis of Assets . References: Publication 550 , Investment Income and Expenses Publication 551 , Basis of Assets Tax Topic 404 , Dividends How do I report participation in a qualified employee stock purchase plan on my tax return? If you participated in a qualified employee stock purchase plan, you do not include any amount in your gross income as a result of the grant or exercise of your option to purchase stock. When you sell the stock that you purchased by exercising the option, you may have to report compensation and capital gain or capital loss. For additional information on tax treatment and holding period requirements, refer to Publication 525 , Taxable and Nontaxable Income . References: Publication 525 , Taxable and Nontaxable Income I purchased stock from my employer under a qualified employee stock purchase plan. Now I have received a Form 1099-B from selling it. How do I report this? If the special holding period requirements are met, generally treat gain or loss from the sale of the stock as capital gain or loss. However, you may have compensation income if: The option price of the stock was below the stock's fair market value at the time the option was granted, or You did not meet the holding period requirement. The holding period requirements is that you must hold the stock for more than 2 years from the time the option is granted to you and for more than 1 year from when the stock was transferred to you. If you do not meet these holding period requirements, there is a disqualifying disposition of the stock. The compensation income that you should report in the year of the disqualifying disposition is the excess of the fair market value of the stock on the date the stock was transferred to you less the amount paid for the shares. If the holding period requirements are met, but the option price is below the fair market value of the stock at the time the option was granted, you report the discount as compensation income (wages) when you sell the stock. Generally, this compensation income is the lesser of the excess of the fair market value of the stock on the date of the disposition less the exercise price OR the excess of the fair market value of the stock at the time the option was granted less the exercise price. If the holding period requirement are met and your gain is more than the amount you report as compensation income, the remainder is a capital gain reported on Form 1040, Schedule D (PDF). If you sell the stock for less than the amount you paid for it, your loss is a capital loss, and you do not have ordinary income. For more information, refer to Publication 525 , Taxable and Nontaxable Income , and Publication 551 , Basis of Assets. References: Publication 525 , Taxable and Nontaxable Income Publication 551 , Basis of Assets Form 1040, Schedule D (PDF), Capital Gains and Losses Should I advise the IRS why amounts reported on Form 1099-B do not agree with my Schedule D for proceeds from short sales of stock not closed by the end of year? If you are able to defer the reporting of gain or loss until the year the short sale closes, there are certain notations you can make on your Form 1040, Schedule D (PDF) that will allow you to reconcile your Forms 1099-B to your Schedule D and still not recognize the gain or loss from the short sale. You will also need to attach a statement explaining the details of your short sale and that it has not closed as of the end of the year. Include your name as it appears on the return and your social security number. For more on these rules and exceptions that may apply, refer to Chapter 4 of Publication 550 , Investment Income and Expenses . References: Publication 550 , Investment Income and Expenses Tax Topic 409 , Capital gains and losses Do I need to pay taxes on that portion of stock I gained as a result of a split? No, you generally do not need to pay tax on the additional shares of stock you received due to the stock split. You will need to adjust your per share cost of the stock. Your overall cost basis has not changed, but your per share cost has changed. You will have to pay taxes if you have gain when you sell the stock. Gain is the amount of the proceeds from the sale, minus sales commissions, that exceeds the adjusted basis of the stock sold. References: Publication 550 , Investment Income and Expenses Tax Topic 409 , Capital gains and losses 10.3 Capital Gains, Losses/Sale of Home: Mutual Funds (Costs, Distributions, etc.) I have both purchased and sold shares in a money-market mutual fund. The fund is managed so the share price is constant. All gain is reported as dividends. Do I have to report the sale of these shares? Yes, you report the sale of your shares on Form 1040, Schedule D (PDF), Capital Gains and Losses . Generally, whenever you sell, exchange, or otherwise dispose of a capital asset, you report it on Schedule D. If the share price were constant, you would have neither a gain nor a loss when you sell shares because you are selling the shares for the same price you purchased them. If you actually owned shares that were later sold, the fund or the broker should have issued a Form 1099-B There is no requirement with that form that there be gain or loss on the sale, only a sale or exchange of an investment asset and sales proceeds. References: Publication 564 , Mutual Fund Distributions How do return of principal payments affect my cost basis when I sell mutual funds? A return of principal (or return of capital) reduces your basis in your mutual fund shares. Unlike a dividend or a capital gain distribution, a return of capital is a return of part of your investment (cost). However, basis cannot be reduced below zero. Once your basis reaches zero, any return of principal is capital gain and must be reported on Form 1040 Schedule D (PDF), Capital Gains and Losses . References: Publication 564 , Mutual Fund Distributions How do I calculate the average basis for the sale of mutual fund shares? In order to figure your gain or loss using an average basis, you must have acquired the shares at various times and prices and have left them on deposit in a managed account. There are two average basis methods: Single-category method, and Double-category method. Single-category method. First, add up the cost of all the shares you own in the mutual fund. Divide that result by the total number of shares you own. This gives you your average per share. Multiply that number by the number of shares sold. Double-category method. First, divide your shares into two categories, long-term and short-term. Then use the steps above to get an average basis for each category. The average basis for that category is then the basis of each share in the sale from that category. Once you elect to use an average basis method, you must continue to use it for all accounts in the same fund. You must clearly identify on your tax return the average basis method that you have elected to use. You do this identification by including "AVGB" in column (a) of Form 1040, Schedule D (PDF) . Refer to Publication 564 , Mutual Fund Distributions, Sales, Exchanges and Redemptions . References: Publication 564 , Mutual Fund Distributions Form 1040, Schedule D Instructions If I used an average basis method for shares of one mutual fund I sold, do I have to use it for all mutual funds I sell? No, you may use a different method, as long as you have not used an average basis method for that fund previously. Once you have elected to use an average basis method to compute the gain or loss on shares in a mutual fund, you must use that same method for the sale of shares from any account in that same fund. References: Publication 564 , Mutual Fund Distributions How do I calculate the average cost method of a mutual fund if the fund price splits? If your mutual fund splits, or adjusts its price, it is treated like a stock split. Your total basis doesn't change after the split, but since you now own more shares without paying any more money, your per-share basis will decrease. To calculate your per-share basis, divide the total cost that you have invested in the fund (minus any shares previously sold) by the current number of shares that you hold. References: Publication 564 , Mutual Fund Distributions I received a 1099-DIV showing a capital gain. Why do I have to report capital gains from my mutual funds if I never sold any shares? A mutual fund is a regulated investment company that pools funds of investors allowing them to take advantage of a diversity of investments and professional asset management. You own shares in the fund, but the fund owns assets such as shares of stock, corporate bonds, government obligations, etc. One of the ways the fund makes money for its investors is to sell these assets at a gain. If the asset was held by the mutual fund for more than one year, the nature of the income is capital gain, which gets passed on to you. These are called capital gain distributions, which are distinguished on Form 1099-DIV (PDF) , from income that is from other profits, called ordinary dividends. Capital gains distribution are taxed as long term capital gains regardless of how long you have owned the shares in the mutual fund. If your capital gains distribution is automatically reinvested, the reinvested amount is the basis of the additional shares purchased. References: Publication 564 , Mutual Fund Distributions 10.4 Capital Gains, Losses/Sale of Home: Losses (Homes, Stocks, Other Property) Is the loss on the sale of your home deductible? The loss on the sale of a personal residence is a nondeductible personal loss. References: Publication 523 , Selling Your Home Tax Topic 409 , Capital gains and losses I own stock which became worthless last year. Can I take a bad debt deduction on my tax return? If you own securities and they become totally worthless, you can take a deduction for a loss, but not for a bad debt. The worthless securities are treated as though they were capital assets sold on the last day of the tax year if they were capital assets in your hands. Report worthless securities on Form 1040, Schedule D (PDF), in Part 1 or 2 depending on whether you held the stock short term and write "Worthless." In the applicable column of Schedule D. For additional information, refer to Chapter 4 of Publication 550 , Investment Income and Expenses (Including Capital Gains and Losses). For more information on bad debts, refer to Tax Topic 453 , Bad Debt Deduction . References: Publication 550 , Investment Income and Expenses (Including Capital Gains and Losses) Form 1040, Schedule D (PDF), Capital Gains and Losses Tax Topic 453 , Bad Debt Deduction More Frequently Asked Tax Questions Accessibility | FirstGov.gov | Freedom of Information Act | Important Links | IRS Privacy Policy | U.S. Treasury

Texas Land Trusts About

About Texas Land Trusts: Introduction Maincontent Local Navigation print friendly search Regulations Publications Outdoor Learning Kids Game Warden Grants Get Involved Shop FAQ Calendar Español Experience Texas Fishing & Boating State Parks & Destinations Hunting & Wildlife Land & Water Doing Business Home Land & Water Land Private Tltc Dir Intro Texas Land Trusts About Texas Land Trusts Starting a Land Trust Texas Land Trust Directory Foreword Listing Regional Index About the Texas Land Trust Council ( TLTC ) TLTC Board of Directors and Honorary Council News 2004 TLTC Conference Speech Bulletin Board TLTC Publications Land Trust Resources Texas Land Trusts Top 1-Million Mark in Acres Conserved Introduction 2001 Texas Land Trust Directory A land trust is a local, state or regional nonprofit organization directly involved in protecting land for its natural, recreational, scenic, historical or productive value. Texas landowners have a variety of options available to them which can preserve and protect the special qualities of their property. The land trust organizations in this directory work with landowners to help them meet their long-term land use objectives. These organizations may be willing to purchase land or accept donated properties and easements for conservation purposes. These tools can be tailored to meet the specific needs of the property owner. Land trusts have varying conservation objectives. Some work in specific geographic areas, or concentrate on protecting different natural or cultural features; many provide technical assistance and educational programming about land conservation. Also listed in this directory are organizations in Texas that advise property owners on their land conservation options, but do not accept land donations or manage conservation easement agreements. Land trusts are a creative answer to today's land conservation challenges. They offer a flexible, cooperative and effective approach to land conservation. Land trusts are the fastest growing conservation movement today, with new land trusts forming at an average rate of more than one per week. America's 1,200 plus land trusts protect millions of acres of farms, ranches, wetlands, wildlife habitat, urban parks, forests, watersheds, coastlines and river corridors. Contact Us | Help | Accessibility | Media | Site Policies | Complaints | Intranet | State of Texas | TRAILS Search | TexasOnline | Compact with Texans Texas Parks and Wildlife Department , 4200 Smith School Road, Austin, TX 78744 Toll Free: (800) 792-1112, Austin: (512) 389-4800 Content of this site © Texas Parks and Wildlife Department unless otherwise noted. Last modified: July 29, 2005, 4:38 pm

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

buy property in Spain.

Buying property in Spain - A full guide to buying property in Spain Buying Property in Spain A full guide Sponsor this Page for 720.00 a year Over 250,000 Unique Visitors every month! Click here Home | Spanish Shop | Photo Library | Message Board | Classified Ads | Property | Currency Converter | Site Map | Stats | Search | Advertise | About Us | Contact Us Property in Spain - A full guide Introducing the new service from idealspain.com www.idealspain-properties.com - Properties for sale & to rent throughout the whole of Spain CrawfPro Spain SL - CrawfPro is a private company based in Granada, selling select homes in the area. We can also find your property, survey it, lead the buying process, inspect construction, manage your project, look after your property and deal with bureaucracy. Don't be alone. HIFX - Save money on currency, regular payments & overseas property insurance. Lump sums: excellent exchange rates & totally free transfer of funds to Spain. Regular payments: fix an exchange rate for your mortgage or pension transfer for up to 2 years ahead with no monthly transfer changes (this alone could save you 300 per year!). Buying a property in Spain Foreigners buying property in Spain has become very popular. The country has a pleasant, healthy climate and in recent years the local authorities have made great efforts to increase the number foreign tourists and residents. Spain now derives more of its foreign income from tourists than any other country in Europe. Due to low European interest rates, now is a good time to buy property in Spain. There is a very wide selection of standards, from farmhouses (fincas) and plots through to villas, townhouses and new apartment developments. There is no shortage of real estate agents in Spain and it pays to search out a good company who will care for your requirements. Before you buy a property in Spain you should use our website to look at the different areas then consider visiting your favourites before deciding where to buy. Many people also rent a property in that area first. Here's a simple guide to get the most out of buying a property in Spain: Set your budget limit and stick to it. Visit the property at least twice before you make a decision. Check what amenities the property has such as electricity, water, gas. Have a builder or architect examine the structure of the building. Talk to your prospective neighbours about the area. If you are unsure about a property, take photos and draw sketches to take home with you. Have your legal advisor check ownership of the property before you sign anything. Have your legal advisor check outstanding debts on the property before you sign anything Initial Costs As well as the cost of the property, the buyer will be liable for transfer tax (IVA), which at present is 6% on a second-hand property and 7% on a new one, plus 1/2% stamp duty. The property registration office will charge you a fee to change the new deeds into your name. This is usually around 300€. There will also be notary charges for copies of the 'escritura publica'. The charge is on a scale depending on the contract price. In total you should allow 10% of the purchase price for costs. It is often the case that the buyer also pays the sellers fees. Check this at the point of enquiry and it is often possible to negotiate. Banks may also charge an opening commission for mortgage loans. Annual Costs The local town hall charge IBI which is an annual real estate tax. The previous owner is obliged to give you copies of previous bills. Community charges apply when you buy a property on a community development. These cover things like maintenance, swimming pools, gardens etc. You will also be liable for a wealth tax, payable annually and based on the value of the property and a property owners income tax based on your income from the property. You should clarify these in detail with your estate agent at point of enquiry . Finance See our mortgages section here Many developers of new properties are now offering up to 80% over 20 years for non-residents. Local banks will offer anything up to 60% for European residents. Most loans are long-term and secured on the property. When seeking a loan, make sure you are aware of the interest rates and if they are fixed or floating. Banks will ask for passports, residence permits, payslips, sale contracts and copies of the title deeds. There are many advantages to taking out a loan to purchase your property, in the form of tax allowances. We have not listed them here as they are subject to fluctuation. You may need to transfer money into Spain and you need to protect yourself: When you buy a property in Spain, you will know the price of the property in Euros but you will not know the actual cost until you buy all of the currency to pay for it. This means that the property could either cost you more than you had planned (if the Euro strengthens) or the property could become cheaper (if Sterling strengthens). Recently Sterling has fluctuated more than 10% against the Euro within a matter of months, so this does deserve careful consideration. On the basis that you are buying a property and not speculating on the currency markets, it is worth fixing the exchange rate for all of your future stage payments to the agent / developer. How to fix the exchange rate: 1/ Buy all of the currency now on a "spot contract". Hold the currency on deposit and send payments when they are due from your Euro account. To do this you need to have full funds available. 2/ Buy as much currency as you can afford now (e.g. for the first 2 payments) and reserve an exchange rate for the remaining payments. To reserve an exchange rate you need to buy a 'forward currency contract'. In effect you are buying currency now but paying at a later date when you have the funds available. The exchange rate that you achieve on a "forward contract" is not quite as good as that for a "spot contract" but it does guarantee that you know the cost of the property. You will be required to pay 10% of the value immediately and the balance by the date that you have reserved the currency for. Use a specialist currency broker : As a result of extensive research idealspain are pleased to offer preferential currency transfer rates for all their clients and visitors, click here for more information . It is also advisable to speak to your new bank with regards to High Interest Sterling Accounts where your mortgage payments can be taken directly and converted on your behalf. Approx cost to buy a home at 128,000 euros or (80,000 pounds) IVA 7% Spanish VAT payable on declared property value 8,960.00 Legal fees Searches, preparing deeds and translation etc 900.00 Notary's fees Preparing escritura, registering and stamp duty 600.00 I.A.J.D Spanish tax of 0.5% of the declared value 640.00 Connection charges Water, gas, drainage, electricity etc 300.00 Plus Valia Capital Gains Tax on increased value of plot since last sold. Levied by the Town Hall 60.00 Total Approx 7,355 pounds €11.460.00 Currency Converter Legal Matters Most properties in Spain are in fact NOT registered. Most of the re-sale properties are sold by Spanish ....still.... since they earned about 100 a year from selling fruit and veg they would certainly not pay 300 to pay for their property to be registered. The only way someone may find out if how many square meters is legally theirs to sell is by investigating at the Catastral Department and Town Hall. If they have ever declared that there is a property at all. A great deal of families have never informed the Town Hall that a senior family member has deceased and therefore many sales take months to proceed to completion. There are many families with complicated backgrounds, most children believe they actually own what is and sometimes what once was their parents, sometimes resulting in an Expediente Dominio where there can be no proof of title at all. A great deal of the beautiful villas you see advertised are not registered by the builder and therefore the purchaser pays for the first registration, sometimes no licences have been issued and the seller is required to pay fines to the Town Hall. Many many properties are then registered with less than the actual square meters of built area, and a great many are not mortgageable. Most urbanisation properties now being built are of course registered first because there is a compulsory registration system in Spain for new developments but this is Urban land - not countryside. Most of the old village properties have no Title Deeds. The seller of a second-hand home should provide the following documents: The title deed of the property Receipt of payment of the real estate tax for the last year Receipt of payment of the tax on the increased value of Urban Land Certificate that any community charges (if applicable) have been paid up to date Latest copies of domestic bills so that you can take over the services such as electricity and water The seller or developer of a new property should provide you with: Deed of declaration of new construction Occupancy permit Certificate of rateable value of the property Normally, before the purchase of a property is made official, there is a prior agreement drawn up between the buyer and seller. This document will identify the two parties and set out the terms of purchase. You must seek legal advice before signing this and you must be sure that this is the property you want to buy. You can lose any deposit you have paid if you pull out of the purchase and there is a penalty clause in the contract. In the case of the seller defaulting then he has to pay twice the amount. When it comes to signing the contract, this has to be before a notary, in the form of a public deed. This ensures that the details are entered onto the public records. Insurances Fire insurance is compulsory by law when taking out a mortgage. Comprehensive household insurance is available to protect your home and contents. Life insurance can be taken out to guarantee payment of the loan in the case of death. The cost of property - trends Official figures for the Costa del Sol state that property prices will increase this year by 12-15%. It is claimed that an average new property with two bedrooms in a block now costs 241,000 euros (around 2,000 euros per square metre). An average villa costs 388,100 euros. On the Costa del Sol there are around 20,000 homes for sale, 40% of which is in the Marbella area. 75% of home buyers on the Costa del Sol are foreign. The increase in prices is leading to an increase in the number of smaller, cheaper municipalities springing up, away from the coast. Tax advantages for property owners If you spend more than six months a year in Spain, you are obliged by law to apply for a residents permit.* This law is currently being abolished. There are however, several tax advantages for residents of Spain that do not apply to non-residents. Inputted income tax is an annual tax on an imaginary income resulting by virtue of ownership of a property and is charged as 0.5% of the catastral value. If you are a resident you will not be charged this on your principal home. Wealth tax is a tax on all assets in Spain and is charged at 0.2% of the catastral value of any house owned. For residents the first 108,000€ is exempt and for a joint ownership this would apply to each partner. These two taxes are paid annually as long as you own the property. Non-residents do not receive any relief so therefore have to pay 0.7% of the catastral value every year. When you come to sell the property, capital gains tax will be charged on any profit you have made. This is 35% for non-residents but only 20% for residents. A further concession for residents is that if you are over the age of 65 and have lived in your property for at least three years, you are totally exempt from capital gains tax. Finally, if you are 60 years of age or more and have lived in your property for at least three years, you can bequeath your property to your spouse or children and avoid paying inheritance tax on 95% of the valuation. The inheritor must also be a resident of Spain and agree not to sell the property for at least ten years. WSI - Start Your Own Business and Profit from the Internet! Now in its 10th year of business, WSIs systems are used by over 1000 franchisees in 87 countries around the world. Currently rated the "#1 Fastest Growing Business Services Franchise" and the "4th Fastest Growing Franchise in the world" , WSI has established one of the most profitable Franchise Opportunities in the world today with a Proven Business System! Home or office based. Complete Training and Support. No Business experience required. For your free information package & CD please visit: www.wsicorporate.com . Learn Spanish Today for FREE! Learn Spanish the interactive and fun way! Our web site will help you learn Spanish free of charge. Not just a few Spanish verbs, but over 500 words of the Spanish language, including complete Spanish phrases and sentences. Watch our free online demo that plays the first 15 minutes of a lesson. In this demo, the in program manual is displayed on the screen. spanish-online.co.uk Spanish book, cd and cd-rom publishers. User-friendly material for complete beginners to intermediate level. To make the most of our great offers, use the promotional code IDEALSPAIN on our online shop. Intasure - Insurance for your holiday home in Spain - Property insurance for expatriates in Spain - Comprehensive golf cover 365 days of the year which covers theft of equipment, medical expenses, travel, public liability and even hole in one cover - Low, low cost travel insurance. Avro is the UK's leading charter flight-only company, selling over one million seats every year. We have recently expanded and now offer scheduled flights to destinations worldwide, with flights available from over 70 of the world's leading airlines. Bookings.org - The best selection of Hotels, at great prices, throughtout Spain... View Special offers here & 5,166 Golf courses in Europe - Find golf courses in Spain, view pictures of all courses with maps. Book nearby hotels online . Car Hire Booking Centre Online together with IdealSpain.com - Created with one main objective; to offer clients the best vehicles with the best service at unbeatable prices. Why pay more when BOOKING CENTRE ONLINE offers MORE THAN THE REST, CHEAPER THAN REST? Car hire throughout Spain, the Canary & Balearic Islands . Hotel Club - The fast and secure service offering savings of up to 60% on your accommodation. To view Specials click here . PHA Travel has been offering independent advice on Health and Travel Insurance since 1995. Now in our 8th year this site provides our best selling value for money Travel Insurance from a range of reputable travel insurance companies. All policies are underwritten at Lloyds of London or through international travel insurance providers. You can obtain an instant quotation for your travel insurance, and you can buy online with a generous discount. RatesToGo.com - Last minute hotel reservation service. The fast and secure service offering great savings on your last minute hotel reservations - up to 20 days in advance. To book more than 20 days ahead click here . 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Wisconsin Department of Veterans Affairs Primary Mortgage Loan Page | Home | About WDVA | Current Events | Forms & Brochures | News & Publications | Federal Veterans Benefits | State Veterans Benefits | Eligibility | Education Programs | Emergency Grants | Employment Assistance | Help for the Homeless | I Owe You Program | Job Retraining Grants | Loans | Military Funeral Honors | Transportation to VA Medical Appointments | Veterans Cemeteries | Veterans Homes | Veterans Memorials | Veterans Museum | Veterans Service Offices | Women Veterans | Veterans Links | Site Map | Contact WDVA | Wisconsin Department of Veterans Affairs "Making a difference in the lives of Wisconsin Veterans" > Home > State Veterans Benefits > Loans > Primary Mortgage Loan Home Loan How to Apply | Requirements | Eligibility Current Interest Rate 5.99% Don't miss out on the ADVANTAGES of a WDVA Primary Mortgage Loan! Finance up to 95% of the purchase price of an existing home or cost to construct a new home. Refinance the balance due on mortgage loans. 30-year Fixed Rate -Lower monthly principal and interest payments that will never increase. Low down payment (5% down). Low closing costs, no points . No prepayment penalty. WDVA pays the loan origination fees of veterans with 30% or more service conected disabilities. No private mortgage insurance (PMI). Lenders require PMI for loans with less than a 20% down payment. Wisconsin offers a state veterans home loan program, entitled the Primary Mortgage Loan (PML), that is different from the USDVA Home Loan Guaranty Program. The state veterans home loan may be used for: Purchase or purchase and improvement of a single family home or condominium. Construction of a new single family home. Purchase of certain existing 2 to 4-unit owner occupied residence. (Must be occupied as borrower's principal residence.) Refinance of the balance due on existing mortgage loans used for purchase, construction, or improvement of a residence. COMPARE MONTHLY PAYMENTS for a $250,000, 30 year, 5% down Conventional WDVA Savings Rate 5.85% 5.99% P&I $1,475 $1,497 PMI $163 $0 Payment $1,638 $1,497 $141 SAVE $1,692 ANNUALLY Requirements The state veterans home loan is available to: Eligible Wisconsin veterans. Members and former members of the National Guard and Reserve who have completed 6 years of continuous service under honorable conditions. Unremarried spouses and dependent children of eligible deceased veterans. Eligibility Before you can apply for a loan you must establish eligibility for Wisconsin veterans benefits and then obtain a Certificate of Eligibility. Contact your County Veterans Service Office for assistance. If you have had past benefits with WDVA, you can obtain your Certificate of Eligibility on our Web site. How To Apply Bring your WDVA Certificate of Eligibility to a participating lender when you apply for your state veterans home loan. Local banks, savings and loans, credit unions, and mortgage brokers participate in our home loan program. For More Information For loan-specific questions, call 1-800-WIS-VETS (947-8387), or email the Loan Section . For eligibility and application process questions, contact your County Veterans Service Office . The information above regarding WDVA loans is not all-inclusive and may change without notice. WARNING: The WDVA receives a statewide support lien docket listing all individuals who have a delinquent child-support obligation in Wisconsin. According to state law, the WDVA may not approve a Primary Mortgage Loan or a Home Improvement Loan for any applicant on the docket unless the applicant provides one of the following items: Provides a statement signed by the Wisconsin Department of Workforce Development or its designee showing that all delinquent obligations have been paid. A copy of a child-support repayment agreement that has been kept current for the six month period before the date the WDVA receives the application as long as no lien exists. Wisconsin Department of Veterans Affairs 30 W. Mifflin Street • Madison, WI 53703 (608) 266-1311 or toll-free 1-800-WIS-VETS (947-8387) Legal Notices and Disclaimers Email: Webmaster