There are several tax incentives in the form of credits and deductions currently available to help offset ever increasing higher education expenses for you, your spouse, and dependents.

Tax Credits

Currently there are two tax credits available.

The first is the American Opportunity Tax Credit.  This credit is available to qualified students for their first four years of higher education.  The credit is computed by taking 100% of the first $2,000 of qualified expenses plus 25% of the next $2,000.  The maximum credit is $2,500 per student.  Up to 40% of this credit is refundable, meaning that if the credit reduces your tax to zero, 40% of the unused credit will be refunded to you.

The second is the Lifetime Learning Credit.  This credit is available to qualified students for eligible expenses, such as graduate school, that are not covered by the American Opportunity Tax Credit.  The credit is 20% of eligible expenses.  The maximum credit is $2,000 and unlike the American Opportunity Credit, it is on refundable.

You cannot claim both credits in the same year.

Tuition and Fees Deductions

This deduction is for qualified expenses up to $4,000.  This is an adjustment to income so you do not have to itemize deductions in order to take advantage of this.

This deduction can be taken instead of (but not in addition to) one of the credits discussed above.

Each of the credits and deductions is subject to its own eligibility requirements and income limitations.  Your situation should be analyzed carefully to determine which choice is the right one for your situation.

As always, this is only meant as a brief overview.  If you feel that we can be of further assistance to you, please contact our office to set up an appointment.

Email us at: info@dohertyandassociates.com

Call us at: 302-239-3500

Visit our website: http://dohertyandassociates.com

– Doherty & Associates Team

If you itemize deductions, chances are that you are taking a deduction for home mortgage interest.

Here are a few things that you should know:

  • Home acquisition debt is defined as a mortgage used to buy, build or improve either your principal residence or a second home.  It must be secured by the home.
  • You can only deduct interest on the first $1,000,000 of home acquisition debt.
  • You can only deduct interest on the first $100,000 of home equity loans that are not used for improvements.

Example 1

The original mortgage used to purchase your primary home was $500,000.  When the mortgage balance is down to $200,000, you refinance for $400,000.  Assuming that none of the proceeds of the refinancing are used for improvements, your home acquisition debt is $200,000, your home equity debt is $100,000 and the $100,000 balance is personal debt.  In this example, only 75% of the interest paid on the $400,000 is deductible.

Example 2

You have paid off your original mortgage.  You take out a new mortgage for $500,000.  Assuming that none of the proceeds of the mortgage are used for improvements, none of the mortgage qualifies as home acquisition debt.  $100,000 will be home equity debt.  In this example, only 20% of the interest paid on the $500,000 is deductible.

Example 3

Your average home acquisition debt for the year for your primary residence is $800,000.  Your average home acquisition debt for your vacation home is $600,000. In this example, $1,000,000 is treated as home acquisition debt and $100,000 is treated as home equity debt.  Only 79% (1,100,000/1,400,000) of the interest paid would be deductible.

There are other more complicated rules that apply to home mortgage interest deductions.  As always, this is only meant as a brief overview.  If you feel that we can be of further assistance to you, please contact our office to set up an appointment.

Email us at: info@dohertyandassociates.com

Call us at: 302-239-3500

Visit our website: http://dohertyandassociates.com

– Doherty & Associates Team

Well, as with most tax questions, the answer is, it depends.

Investor vs. Dealer.

When we think of a real estate investor, we think of someone who purchases and holds real estate for rental income and/or appreciation over a period of time.  A typical investor might own a few rental properties, keep them for several years and eventually sell them.  An investor is thought of as being in it for the long term.

Being a real estate dealer is more involved. The IRS considers a dealer to be someone who is engaged in the business of selling real estate to customers with the purpose of making a profit from those sales, such as flipping and wholesaling.  A dealer is more of a short term proposition.  Determining who is a dealer is subjective and open to interpretation.  The IRS and the courts use several factors that have been developed through numerous court cases.  These factors are:

  • The taxpayer’s purpose in acquiring the property;
  • The purpose for which the property was subsequently held;
  • The taxpayer’s everyday business and the relationship of the income from the property to the taxpayer’s total income;
  • The frequency, continuity, and substantiality of sales of property;
  • The extent of developing and improving the property to increase the sales revenue;
  • The extent to which the taxpayer used advertising, promotion, or other activities to increase sales;
  • The use of a business office for sale of property;
  • The character and degree of supervision or control the taxpayer exercised over any representative selling the property; and
  • The time and effort the taxpayer habitually devoted to sales of property.

No one of these factors is, by itself, conclusive in determining if you are a dealer.  However, the Tax Court has indicated that the frequency, continuity, and substantiality of sales of property are the most important factors to consider.

 

Tax consequences of being an investor vs. a dealer.

For an investor, rental income is generally taxed at ordinary income rates and is not subject to self-employment tax (Self-employment tax is a tax of up to 15.3% on your net income from self-employment.  Self-employment tax is in addition to your regular income tax).  If you hold your investment property for at least a year, your gain on sale will be taxed at favorable long term capital gain rates.

If you are classified by the IRS as a dealer, all of your income will be taxed at ordinary income rates.  There is no favorable long term capital gain treatment.  Installment Sales and Like Kind Exchanges are not available to dealers.  Additionally, you will be subject to self-employment tax on your profits.

If the IRS classifies you as a dealer, then all of your real estate income, including rental income, will be subject to dealer treatment.  To avoid this treatment, it is important to use separate entities for different types of real estate activities.   The best example of this would be holding rental properties in an LLC while using an S-Corporation for wholesaling and flipping.

As always, this is only meant as a brief overview.  If you feel that we can be of further assistance to you, please contact our office to set up an appointment.

Email us at: info@dohertyandassociates.com

Call us at: 302-239-3500

Visit our website: http://dohertyandassociates.com

– Doherty & Associates Team

 

If you itemize deductions, you may deduct contributions of money or property made to the following types of organizations qualified under section 170(c) of the Internal Revenue Code:

  • A state or United States possession, or the United States or the District of Columbia, if made exclusively for public purposes;
  • A community chest, corporation, trust, fund, or foundation organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes, or for the prevention of cruelty to children or animals;
  • A church, synagogue, or other religious organization;
  • A war veterans’ organization or its post, auxiliary, trust, or foundation organized in the United States or its possessions;
  • A nonprofit volunteer fire company;
  • A civil defense organization created under federal, state, or local law;
  • A domestic fraternal society, operating under the lodge system, but only if the contribution is to be used exclusively for charitable purposes;
  • A nonprofit cemetery company if the funds are irrevocably dedicated to the perpetual care of the cemetery as a whole and not a particular lot or mausoleum crypt.

Your deductions are generally limited to 50% of your adjusted gross income.  Certain types of property donations and donations to certain organizations may be limited to 20% or 30% of adjusted gross income.

If you receive a benefit from your donation, for example a dinner, you can only deduct the amount that exceeds the value of the benefit received.

Records must be kept to prove the amount of contributions that you claim on your tax return.  In order to substantiate a cash contribution, you must keep one of the following:

  • A bank record that shows the name of the qualified organization, the date of the contribution, and the amount of the contribution.
  • A receipt from the qualified organization showing the name of the organization, the date of the contribution, and the amount of the contribution.
  • Payroll deduction records.

You can claim a deduction for a contribution of $250 or more only if you have an acknowledgment of your contribution from the qualified organization.  If you made more than one contribution of $250 or more, you must have either a separate acknowledgment for each or one acknowledgment that lists each contribution and the date of each contribution and shows your total contributions.

For non-cash contributions, the record keeping requirements vary depending on the fair market value of the contribution.  See IRS Publication 561 for more information.

As always, this is only meant as a brief overview.  If you feel that we can be of further assistance to you, please contact our office to set up an appointment.

Email us at: info@dohertyandassociates.com

Call us at: 302-239-3500

Visit our website: http://dohertyandassociates.com

– Doherty & Associates Team

Bitcoin and other virtual currencies are becoming more popular by the day.  Retailers such as Overstock.com are now accepting bitcoin as payment.  As of the end of 2013 it is estimated that over one million people owned bitcoins.

In March of this year, the IRS issued Notice 2014-21 which addresses the tax consequences of Bitcoin and other virtual currencies.

These currencies will now be treated as property for tax purposes.  Generally you will have gain or loss when you exchange of virtual currency for other property.  If the fair market value of property that your receive in exchange for virtual currency exceeds your basis, you have a taxable gain. You have a loss if the fair market value of the property received is less than your basis in the virtual currency.

If you take bitcoin or any other virtual currency in the ordinary course of business, you must include in your gross income, the fair market value of the virtual currency, measured in U.S. dollars, as of the date that the virtual currency was received.

For more information in question and answer format you can go to:

http://www.irs.gov/pub/irs-drop/n-14-21.pdf

As always, this is only meant as a brief overview.  If you feel that we can be of further assistance to you, please contact our office to set up an appointment.

Email us at: info@dohertyandassociates.com

Call us at: 302-239-3500

Visit our website: http://dohertyandassociates.com

– Doherty & Associates Team