Showing posts with label taxes. Show all posts
Showing posts with label taxes. Show all posts

Dec 24, 2008

A European-style tax?

Like it or not, there's only one way we're going to be able to pay for our ballooning deficit: a value-added tax.

By Shawn Tully, editor at large
Last Updated: December 2, 2008: 9:27 AM ET


NEW YORK (Fortune) -- It's highly possible, if not inevitable, that Americans will soon live under a radically different tax system - one that the pundits and politicians aren't talking about.

It's called a value-added tax, or VAT, and it's been used for decades to pay the bills and sustain the immense growth of governments around the world, from France to Mexico to Australia. Created in 1954 by a French economist, the VAT is the most potent, efficient machine for revenue generation yet invented.

And if there's one thing the U.S. government needs as the federal budget balloons, it's a ton of new revenue. "The bottom line is that the income tax cannot support the level of spending that's projected, something other countries faced years ago," said Roberton Williams of the Tax Policy Center, a non-partisan research institute. Today the VAT raises almost half of the total government revenue in France, and a similar share in most of the developed world.

The VAT is essentially a sales tax, except that it's charged at each stage in the development of a product instead of at the moment when the product is sold.

Take, for instance, a car with a sticker price of $30,000 and a value-added rate of 10%. Ford might buy its steel and other materials for $8,000 plus $800 in a VAT tax. A dealer then pays $25,000 plus a $2,500 tax for the finished vehicle. Ford takes an $800 credit for the tax it already paid and sends $1,700 to the government. A buyer then pays $30,000 for the SUV and $3,000 in taxes. The dealer collects the $3,000, takes a credit for the $2,500 worth of taxes already paid, and sends $500 to tax authorities. Ultimately, the government pockets $3,000, or 10% of the retail price of the car, in taxes.

The genius of the VAT is that, while the consumer pays it, the actual cash is mostly collected from producers before it reaches the retailer. Since the VAT is essentially a hidden charge embedded in the price of goods and services, raising the VAT doesn't arouse nearly the uproar caused by increasing income taxes.

The ease with which a VAT can be increased points to one of its big drawbacks: Governments see it as an easy way to pay for increased spending, which is a potential drag on economic growth.

Even so, the VAT would be better than the other likely alternative: A higher retail sales tax. If the national sales tax were raised to, say, 20%, consumers would cheat by paying cash to avoid it, and retailers would submit because they'd sell more goods by cutting the price 20%. With the VAT, every step of the manufacturing (and tax collection) process is documented.

Make no mistake: A VAT may be unavoidable in the United States. The reason is that spending is rising far faster than the revenue that can conceivably be generated by the current tax regime.

Keeping the budget afloat

Let's examine the numbers. Under our current tax system, receipts are projected to remain pretty flat, at about 18% to 20% of GDP, far into the future. But spending is slated to rise to 24% of GDP in 2030 and 28% in 2050, excluding interest on the federal debt. If taxes aren't increased enormously, future deficits, and the enormous borrowing they require, will swamp the budget with ruinous interest costs.

Today, the income tax raises around $1.1 trillion, or around 9% of GDP, with payroll and corporate taxes contributing the balance. The deficit now stands at around $580 billion, including the Social Security surplus that's helping to pay the bills. But that surplus is also rapidly disappearing. So to balance the budget, America would need to raise income taxes by 53%, assuming the other taxes remained at current rates.

The gap gets far larger in the future, chiefly due to rapidly rising costs of Medicare and Medicaid. To pay for those costs, we'd need to raise taxes by an extra 2% of GDP. That would require an additional $270 billion in income taxes.

All told, that's a total tax increase of $870 billion, or almost 80%. That's not including the estimated $240 billion cost of President-elect Barack Obama's healthcare plan through 2018.

The rub is that the fiscal pillar America has relied on since 1913 - the federal income tax - can't possibly support the looming new era of spending. All economists agree that when top income tax rates get too high, Americans will work, save and invest less. Tax collections would increase far more slowly than rates, and eventually level off completely.

The VAT may be the only answer. "We're moving towards European levels of spending," said Andrew Biggs, an economist at the American Enterprise Institute "If you go there, you need a more efficient way to raise revenue."

But the VAT, on top of encouraging bigger government budgets, has another problem: Middle class taxpayers would be hit harder by a VAT because they spend more of their income on goods like clothing and cars than high-earners. That's especially distressing to Obama and Democrats, who have pledged to make the tax system far more progressive by raising rates for the wealthiest Americans.

One partial solution would be to exempt staples such as food, gasoline or fuel oil from the VAT and impose extra-high charges on yachts and jewelry. To help middle-class taxpayers, the federal government could also send subsidies to tens of millions of taxpayers based on their incomes. The French, for example, mail checks to families depending on how many children they have.

But given the nature of politics, said Biggs, "the problem is that those rebates might be tied to some social agenda, not to making the system fair."

European governments have typically seen VAT hikes as an easy way to raise revenues during a recession. In some countries, government spending is more than 50% of national income. The results have been fiscal stability, but lackluster growth and a dearth of dynamism and entrepreneurship.

Given the budget numbers, the United States has already chosen a path of far bigger government. The trap has been set. It's unlikely America can escape without a VAT.

source:

http://money.cnn.com/2008/12/01/news/economy/tully_vat.fortune/?postversion=2008120206

Dec 17, 2008

IRS to help homeowners refinance or sell homes


WASHINGTON – The Internal Revenue Service said Tuesday it will try to make it easier for homeowners in financial straits to refinance or sell their homes.

The plan announced by IRS Commissioner Doug Shulman would speed up a process where financially distressed homeowners may request that a federal tax lien be made secondary to liens by the lending institution that is refinancing or restructuring a loan.

Taxpayers will also be able to ask the IRS to discharge, or remove, its claim to a property in certain circumstances where the property is being sold for less than the amount of the mortgage lien.

"We need to ensure that we balance our responsibility to enforce the law with the economic realities facing many American citizens today," Shulman said, stressing that "we don't want the IRS to be a barrier to people saving or selling their homes."

He said the program will focus on those people who ordinarily pay their taxes in full but "because of these extraordinary times are getting behind in their tax payments."

A tax lien occurs when the government makes a legal claim to property as security or payment for a tax debt. The government thus notifies other creditors that it has a claim on the property.

The IRS can rule that its lien will be secondary to another lien, such as that of a lending institution, if it determines that taking a subordinate position will ultimately help with the collection of the tax debt. Taxpayers or their representatives may apply for a "subordination" of a tax lien if they are refinancing or restructuring their mortgage.

Lending institutions generally want their lien to have priority on the home being used as collateral.

Taxpayers may also request a certificate of discharge if they are giving up ownership of the property at an amount less than the mortgage lien if the mortgage lien is senior to the tax lien. A discharge does not relieve a person of the tax that is owed, but it does remove the lien on a particular property such as a home. The IRS would still maintain its lien on other possessions of the taxpayer.

Normally it takes about 30 days to rule on a request for a discharge or subordination of a tax lien, but Shulman said the IRS will work to speed up that process so there would be no delays for people trying to obtain new mortgage loans. The IRS urged people to contact the agency's Collection Advisory Group early in the home sale or refinancing process.

The agency said it issues more than 600,000 federal tax lien notices annually and that currently there are more than 1 million outstanding tax liens tied to both real and personal property.

link:

http://news.yahoo.com/s/ap/20081216/ap_on_go_ca_st_pe/irs_homeowners?ref=patrick.net

Internal Revenue Service: http://www.irs.gov

What to do with an inherited condo in South Florida


Nancy Phillips was left with two West Palm Beach condominiums when her mother passed away in early November.

The pain of losing her was tough enough, said Phillips, who lives in Poughkeepsie, N.Y. But the real estate decisions she faces now are wrenching as well.

"I don't know what to do, to be honest," she said.

In what is the worst market in years, those who inherit condos have a few tough choices: Decline the gift, sell at rock bottom prices, try to rent (if condo documents allow it) or be prepared to pay thousands for property taxes, assessments, maybe even a mortgage.

Daniel Vasquez Daniel Vasquez

There is no one-size-fits-all answer, says Matthew Zifrony, an attorney with Tripp Scott, a Fort Lauderdale-based firm that represents more than 70 condo and homeowner associations. First figure out if you want to keep it and whether you can afford it.

If you decide to sell or rent, Zifrony recommends upgrading kitchens and bathrooms to be competitive in this high-inventory market.

"Improve the overall look," he said.

If you go the rental route, make sure to follow all association rules (some require background checks of renters) and clear your actions beforehand with the board. You should also check local listings or talk to a real estate agent about the going rates.

Phillips inherited two units at Century Village Condominiums, including one purchased last year.

It has a $40,000 mortgage and $15,000 in upgrades. Still, "our agent said we should put it on the market for $35,000, but not to expect to get it," Phillips said.

It will cost her about $9,000 a year to keep both units and fees could go up. A lot of condo communities are increasing fees to make up for cash-strapped owners who don't pay and revenue lost to members in foreclosure.

"And my mother also had a homestead exemption for her property taxes. I won't have that," she said.

Joan Sacco-Chalfant is also having to make tough financial choices.

Her husband of six weeks died unexpectedly of heart failure in July. Now she has two units at Oakland Shores Condominiums in Oakland Park on her hands. She already owned a two-bedroom apartment across the hall from the one she shared with her husband.

"If I tried to sell [his unit], it could sit on the market for a year or two and I would still end up having to pay all the fees," said Sacco-Chalfant, a retiree on a fixed income. "I figure it's smarter to hold onto to it. But there's no way I can without being able to rent one of them."

Initially, her association board did not want to allow it. "But they recently ended up working it out with me and I'm very happy about that," Sacco-Chalfant said.

When associations make it easier for unit owners to rent, they help keep a unit off the market that is likely to sell low.

"Most of the time when someone passes away and the condo goes to a family member, they don't want to keep it and just sell it off fast," said Stanley Siegel, president of the umbrella association for Century Village Condominiums in Boca Raton. "In plain English, they just dump it."

"It doesn't hurt the association" when condos go for relatively cheap prices, he said. "But it may be a burden on those who also want to eventually sell."

Zifrony said it's important for heirs to study all options, especially if there is a mortgage on the unit.

"It can be very expensive for someone to inherit a property in this economy," he said. "If the mortgage exceeds the value of the condo, you probably wouldn't want to accept title."

You can decline the inheritance as long as your name is not on the deed and you are not named in what is called a "life estate deed," which automatically transfers title upon death of the original owner, he said.

If you plan to leave someone property, it's best to set things up in writing, advises Karen Alexander, a probate attorney based in Palm Beach County.

If an heir must go through probate court, it could easily take three to six months.

"It's always easier if you use a will," Alexander said. She said some people add a name to their deed before their death. "This is a faster way to transfer a deed after a death, but it can open up a can of worms, too."

She said about two months ago a client had to show up to the closing with a bank check for the buyer worth more than $10,000.

"She wasn't even sad," Alexander said. "She was happy not to have to pay for it anymore and to cut her losses."

Daniel Vasquez can be reached at condocolumn@sunsentinel.com or at 954-356-4219 ( Broward County) or 561-243-6686 (Palm Beach County). His condo column runs every Wednesday in the Local section and online at www.sunsentinel.com/condos. You can also read his consumer column every Monday in Your Money and online at www.sunsentinel.com/vasquez.


source: sun sentinal

link:

http://www.sun-sentinel.com/business/custom/consumer/sfl-flbcondocol1217sbdec17,0,3785357.column




Dec 12, 2008

Deficits May Make U.S. Eager to Pounce on Tax Returns (Update1)

By Alexis Leondis

Dec. 11 (Bloomberg) -- The most important U.S. tax tip to remember this year: make sure your return is accurate, as the Internal Revenue Service is looking for every dime it can get, said tax attorney Ian Comisky.

“Because of a huge deficit and major enforcement initiatives by the IRS, an inaccurate return will have a better chance of being picked up than in prior years,” said Comisky, a partner at the Philadelphia office of law firm Blank Rome LLP.

The U.S. budget deficit grew to a record $455 billion this fiscal year and the Congressional Budget Office estimates it will reach $408 billion for the first two months of fiscal year 2009.

IRS Commissioner Doug Shulman said in a Dec. 8 speech to tax lawyers in Washington that the agency will “remain vigilant to ensure that wealthy individuals don’t use offshore accounts to avoid paying their U.S. taxes.”

People with incomes above $500,000 a year are more likely to cheat on their taxes than those with lower incomes, according to a paper published in September by University of Michigan business professor Joel Slemrod and IRS economist Andrew Johns, based on unpublished IRS data from 2001.

Uncertainty regarding the economy and possible tax measures by President-elect Barack Obama, including a campaign pledge to raise the long-term capital gains tax to 20 percent from 15 percent for households that earn more than $250,000, has many taxpayers wondering whether to accelerate or defer income and deductions.

Dismal Year

There are steps taxpayers can take to make sure they make the most of a dismal year while still following the rules, planners say.

“Always think about tax planning over a two-year horizon, at a minimum,” said Jackie Perlman, senior tax research analyst for Kansas City, Missouri-based H&R Block Tax Institute. Filers should estimate what their income will be and any big purchases they will make over the next couple of years, she said.

A 39 percent drop in the Standard & Poor’s 500 Index this year may present an opportunity for investors to restructure their portfolios. Stocks that have performed poorly can be “harvested” to offset capital gains. If losses exceed capital gains, up to $3,000 can be deducted from taxable ordinary income for married couples who file jointly. Additional losses can be carried over to offset gains in future years.

Wash Rule

Alan Skrainka, chief market strategist at Edward Jones & Co., the brokerage firm based in St. Louis, said investors need to buy similar investments after selling to avoid “moving out and missing a market rebound.” Buyers also should be aware of the so-called wash-sale rule, which prevents repurchase of the same security or fund before or after 30 days from the selling date.

Beware of buying a mutual fund before it makes its yearly capital gains distribution, which is usually in mid-December, said Helen Modly, a fee-only financial planner at Focus Wealth Management, Ltd. in Middleburg, Virginia. Payout dates are generally posted on a fund’s Web site.

Record mutual-fund withdrawals have forced managers to sell their profitable stocks to meet redemption requests, triggering distributions and possible capital gains, even if the fund has lost value.

“If you buy in right before distributions, some of the money you bought into the fund with will be returned to you as taxable income,” Modly said. She also advised reporting income as diligently as possible, saying “this is not the year to go into the gray area on your return.”

AMT Rules

Tax filers should be aware of rules concerning the alternative minimum tax, as some regular deductions don’t apply. Initially created to target the highest earners, the AMT now affects about 4 million taxpayers because it hasn’t been adjusted for inflation. Tax-planning software and online calculators at Web sites such as http://www.hrblock.com are usually equipped to assess AMT liability.

For 2008, married joint filers who earn less than $69,950 are exempt from the AMT. Employees who exercise and hold incentive stock options offered by their employer can often land in AMT territory, said Perlman of H&R Block.

Charitable giving can help lower tax liability. Donors must itemize their deductions and have receipts for donations over $250, according to Kim Wright-Violich, president of San Francisco-based Schwab Charitable. Checks made out to charitable organizations must be postmarked by Dec. 31 to be deductible this year.

IRA Donation

Taxpayers aged 70 and a half and older who don’t need their mandatory IRA distributions can donate up to $100,000 directly to charity under a tax provision extended through 2009. Although the donation isn’t deductible, it is not included as part of income. To qualify, the distribution can only be made to a public charity, not a donor-advised fund or private foundation.

Donors should remember that different rules apply to non- monetary assets, such as artwork, real estate, yachts and airplanes, which should always be appraised, said Wright- Violich. The title of ownership must be transferred from the donor to the charity before the end of the year to get a tax deduction for the same year.

This year and through 2009, joint filers who don’t itemize deductions, but pay real estate taxes, will get an additional standard deduction of up to $1,000 depending on the real estate taxes paid.

“Just report income correctly and don’t be too aggressive with deductions,” said Comisky, co-author of “Tax Fraud and Evasion.”

“The IRS is the last government agency you want to have problems with.”

To contact the reporter on this story: Alexis Leondis in New York aleondis@bloomberg.net.

Last Updated: December 11, 2008 12:12 EST

Dec 7, 2008

Tax Reduction (Casualties Can Generate Substantial Tax Reduction)

reduction are the results from deductions. deductions reduce but do not directly reduce federal income . For example, $100,000 of deductions reduces federal income by $35,000 ($100,000 X 35%), assuming a 35% . Most reduction require a cash expenditure (labor, material, supplies, utilities, etc). A period cash expenditure is not required for some deductions and may not be required for a loss.

A loss may occur as a result of a , hurricane, , , or other natural . The intuitive is: “My complex worth $5,000,000 suffered major damage totaling $1,500,000 for repairs and loss. Fortunately, I was completely covered for both physical damage and loss, other than a small deductible. There is clearly no loss which will generate reduction, right?”

Most owners and believe the above statement to be true. Few claim the loss reduction the federal income code allows them. Let’s next the criteria for a loss deduction and the regarding acquisition of a property that has suffered a .

owners suffer a loss when the market value immediately after the plus is less than the market value immediately before the . The complex issue is how to value the property immediately after the . Let’s consider a 1-story in Mississippi which suffered 3-feet of flooding due to Hurricane Katrina. Let’s further assume: 1) 8 feet of sheet rock must be replaced in the entire property to rebuild, 2) although the property was 90% occupied before the , occupancy is expected to only be 5% while rebuilding occurs, 3) stabilized occupancy after renovation is not clear since some businesses may not return, 4) construction will take 12-18 months due to the labor constraints and 5) the owner has to rebuild but did not have loss/ interruption .

It is clear the market value after the is less than the market value before the less construction costs. Other factors to consider are: loss, market that not enough tenants will be available after construction is completed, cost of construction management, a illiquid market with few buyers just after the , construction , interest (rates could rise during the construction period negatively affecting value), that operating could increase during the construction period (perhaps ) and compensation for entrepreneurial effort to induce a buyer to coordinate labor capital, management and endure the previously mentioned risks.

A careful analysis by an appraiser might show the have no value after the . In appraisal assignments performed by the writer, a loss of 10-30% of the market value before the has occurred (in a straight-forward, defensible analysis) is typical. This can generate a meaningful loss deduction which results in reduction.

For example, a property with a market value of $5,000,000 suffers a 30% loss. While the is a serious hardship for the owners, the $1,500,000 ($5,000,000 X 30%) deduction will mitigate the loss. Based upon a 35% , the reduction is $525,000.

provided a loss deduction to encourage in . If you have the misfortune to suffer a loss, take the helping hand offered by and take the deduction.

Cost segregation produces deductions and reduces federal income across the and in every size market. Below are just a few examples of cities where cost segregation generates meaningful deductions.

City:

  • Memphis, TN
  • San Francisco, CA
  • New Orleans, LA
  • New York, NY
  • Hartford, CT
  • , NV
  • Los Angeles, CA
  • Atlanta, GA
  • Orlando, FL
  • Miami, FL
  • Louisville, KY
  • Salt Lake City, UT
  • Boise, ID
  • Lakeland, FL
  • Wichita, KS
  • McAllen, TX
  • Columbus, OH
  • Ft. Lauderdale, FL
  • San Antonio, TX
  • Durham, NC
  • Allentown, PA
  • Youngstown, OH
  • Little Rock, AR
  • Greensboro, NC
  • Greenville, SC
  • Kansas City, MO
  • Raleigh, NC
  • San Jose, CA
  • Palm Bay, FL
  • Honolulu, HI

Cost segregation produces deductions for virtually all property types, including the following:

Property Type:

  • Regional mall
  • Service station
  • Drugstore
  • Night club
  • Racket club
  • Auto service garage
  • hangar
  • Nursing
  • Subsidized housing

Almost every industry, including the following, can generate cost-efficient deductions by using cost segregation.

Industry:

  • Nondurable good wholesalers
  • Durable good wholesalers
  • Day care facilities
  • Computer and electronic manufacturing
  • Health care facilities
  • Chemical manufacturing
  • Printing activities
  • Warehousing and storage
  • Electronic and appliance stores
  • Apparel manufacturing

O’Connor & Associates is a national provider of commercial consulting services including cost segregation studies, , valuations, tax deduction reductions, cost segregation, market study, feasibility studies, property , , condemnation appraisal, gift , lease abstraction, loss, Fort Bend Central Appraisal District, and Tricks for Appealing Your Property in Harris, Harris county appraisal, and Federal reduction. Our appraisers have experience with all types of property including department stores, research and developments, lumber storages, fast , stores, retail centers, hangars, lodgings, centers, , truck stops, manufacturing/processing facilities, greenhouses and auto dealers.

Patrick C. O’Connor
http://www.poconnor.com/

source: offshoreblog.net

link to the original post:
http://offshoreblog.net/tax-reduction-casualties-can-generate-substantial-tax-reduction/


Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

http://waterfrontlife.blogspot.com
www.FortLauderdaleLiving.net

Nov 23, 2008

Tax Charges You Can Expect to Face When Buying, Owning & Selling Property Overseas

Most countries tax non-residents on property in their country. Furthermore, most double taxation agreements between the country and the UK do nothing to prevent this. Consider these five categories.

1. Tax on property purchases (similar to UK stamp duty land tax). After over 20 years in the tax advice business, there are few things which still surprise me. One thing which does still amaze me is just how often people still seem to overlook the fact that the UK is not the only country in the world with taxes. Anyone who invests abroad has a potential exposure to overseas property tax. Wherever you buy, you will face overseas property tax. Foreign property taxes generally fall into five categories; tax on property purchases; annual charges; tax on income; tax on property sales; tax on death or gifts. It is interesting to note that all but one of these categories are likely to apply to a foreign holiday home owned by a UK resident and if the property is ever rented out, all five will apply. This just goes to show that, when it comes to foreign property tax, the investor and the holiday home owner have more in common than you might expect. Many countries impose a tax charge of some kind when property is purchased, usually based on the purchase consideration paid.

2. Annual charges (comparable to UK council tax).These come in many different forms and are often charged by local or regional governments. There may be an annual charge on property ownership on either a flat rate or linked to the property value. Additional charges sometimes apply to properties which are not the owner’s main residence. There may also, or alternatively, be an annual charge on property occupation - either at a flat rate or linked to the property’s value. Another common annual charge is a wealth tax. Many countries impose this charge on non-residents based on the net value of the property and other assets which they hold in the country. Where a UK resident suffers annual charges on occupation or ownership, these may usually be treated as running costs and can be deducted as an expense from rental income or trading profits for UK tax purposes. Such costs are only partly deductible where there is some personal use of the property. The treatment of wealth taxes is less clear. These are often regarded as a personal cost with no deduction available in the UK.

3. Tax on income (similar to UK income tax). Most countries will tax profits and income derived from property whether through letting, development or dealing. Rental income may either be taxed on an accounts basis, based on profits after certain deductible expenses, or as a flat rate on rent received. Where an accounts basis applies, each country will have its own rules regarding what expenses are deductible. Flat rate systems allow for little or no deduction of expenses. In many cases, the tax on non-resident landlords is a simple flat percentage of rent received and may have to be withheld at source (i.e. a withholding tax). Reduced rates of withholding tax often apply under double taxation agreements and must be claimed where available. Profits from property development and dealing are usually taxed on an accounts basis and sometimes also attract additional social taxes like the UK’s national insurance. For UK tax purposes, double tax relief is usually available for overseas property tax on property income or they may be claimed as a business expense.

4. Tax on property sales (comparable to UK capital gains tax). Having spent more than 20 years in the tax advice business and having dealt with many overseas property tax authorities, another thing which does still amaze me regularly is how often people seem to think that they can sell a property abroad and not face a tax liability on it. Wherever you sell, you can expect to face up to foreign property tax. Some countries charge tax on the gain arising when a property is sold. Many countries do provide an exemption for the owner’s main private residence although you will find that this is not generally available to non-residents. Properties held for longer periods are also often exempt. Many countries, like the UK, will treat profits derived from property sales by developers and dealers as income. Double tax relief for overseas property tax suffered on capital gains is usually available against UK capital gains tax. Tax on property sales is often overlooked by UK investors, and they do so to their cost.

5. Tax on death or gifts (similar to UK inheritance tax). Many countries do not have any death taxes but just as many which do. Generally, where there is a death tax, there will usually be a similar tax on lifetime gifts as an anti-avoidance measure. Most countries with a death tax will charge it on non-residents in respect of property and other assets within their borders. Double tax relief for foreign death taxes is available against any UK inheritance tax liability arising on the same assets. Double tax relief will also be available for foreign tax gifts if the same gift gives rises to a UK inheritance tax liability although this will be rare unless trusts are involved. Wealth warning: do not assume that there will be an exemption from foreign death or gift taxes in respect of transfers to your spouse or civil partner. This will not always be the case. Furthermore, it is crucial to be aware that foreign gift taxes may apply to lifetime transfers of property or shares in property (e.g. putting a foreign property into joint ownership with your spouse)

source: personalfinance4u.com

link to the post:
Tax Charges You Can Expect to Face When Buying, Owning & Selling Property Overseas


Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

http://waterfrontlife.blogspot.com
www.FortLauderdaleLiving.net

Tax Facts

tax

Harris R. Sherline asked:


With the due date for filing individual income tax returns having recently passed, this seems like a good time to reflect on the annual ritual of self-flagellation that Americans are forced to endure at this time of the year. The April deadline has become a sort of rite of passage for citizenship, although as things stand today almost half of all workers don’t pay any income tax at all.

Following are some random facts (in no particular order) about our income tax laws, who pays and who doesn’t, and the impacts our system of taxation has on the nation’s productivity.



When the 16th Amendment to the Constitution established the federal income tax in 1913, the intent was to tax only the very rich. Rates began at 1% and increased to 7% for taxpayers with income in excess of $500,000. Less than 1% of the population paid any income tax at all, compared with almost 50% of taxpayers paying as much as 35% of their taxable income today.

The top 5% of wage earners pay over 50% of total individual income taxes, while the top 10% pay almost 66%, and the top 50% pay approximately 97%. Translation: Just half of all taxpayers pay almost 100% (96.54%) of all income taxes, while almost 50% pay no income taxes at all.

The Internal Revenue Service (IRS) has approximately 115,000 employees (FTEs or full-time equivalents), and a total budget of $11.6 billion.

Estimates of unreported commercial activity in the U.S. amount to as much as one trillion dollars a year, and the IRS Oversight Board report for fiscal 2007 notes that the tax gap, “the difference between what is owed and what is collected…is estimated at $345 billion of lost revenue annually.” Question: If it’s an underground economy, how does the IRS know how much income is not reported?

The Cato Institute reported that businesses and individuals now waste over 6.4 billion hours on federal tax compliance activities each year, which the Tax Foundation estimated amounted to $265.1 billion in 2005. That’s equivalent to over three million people working full time, just to deal with tax compliance. This amounted to a 22% tax compliance surcharge on the total amount collected through the tax system.

In the 1920s the federal tax code was comprised of about 40 pages of rules. Today, according to the Virginia Chapter of NRSTA (Interesting Tax Facts), the tax code, regulations and IRS rulings now require over 66,000 pages to document. Between 1986 and 1996, there were over 5,000 changes in the tax code. In 1996 alone over 700 pages of tax law changes and regulations were adopted by the IRS.

When the General Electric Co. filed the corporation’s tax return electronically, it took 24,000 pages to document. The Associated Press (June 1, 2006) noted, “If GE had sent paper forms, the return would have staked up eight feet high…”

In 1993, the General Accounting Office (GAO) audited the IRS for the first time in its history and found widespread evidence of financial malfeasance and gross negligence, including the fact that the agency was not able to account for 64% of its congressional appropriation.

The Alternative Minimum Tax (AMT) “was created in 1969 to target 21 – yes, 21 – millionaires who had managed to avoid paying any taxes at all.” (Wall Street Journal, April 14, 2007). “This year more than three million taxpayers will be hit by the Alternative Minimum Tax on the(ir) 2006 income. But next year (2007) that number could rise to 23 million…”

The federal income tax, currently as high as 35% of taxable income, is increased by as much as 11% in state and local income taxes, plus another 6.20% and 1.45% in social security and Medicare taxes, which makes the total tax burden for some taxpayers almost 54%, not including excise, sales and property taxes, along with a host of other taxes, assessments and fees to numerous to mention. Medieval serfs were required to give only one-third of their production to the lord of the manor, and they were considered slaves.

Households in the lowest 20% of income received about $8.21 in federal, state and local government spending for every dollar of taxes paid (in 2004), while those in the top 20% received only 41 cents in benefits. (Tax Foundation Working Paper No. 1, March 2007).

Our tax laws have become so complex and contradictory that no one, not even the most brilliant tax professionals, including IRS experts, fully understand them.





It’s worth noting, I think, that when I started practicing public accounting in the early 1960s, the filing deadline was March 15, not April 15, and only one 90-day extension was permitted. Today, the first filing date is April 15, and it is possible to obtain a six-month extension - to October 15 - all because of the increased difficulty of obtaining the necessary information and the complexity of preparing and filing tax returns.

Many societies view taxation as a contest between tax collectors and citizens, with payment or avoiding payment of taxes as the prize. But we are different we are told, because Americans voluntarily, that is, willingly, file tax returns and pay their taxes.

Baloney! If that’s true, why do we hear so much about taxes not being paid by people who work or do business in the “underground economy”? Would you file a tax return if you were not afraid of the consequences of not filing?

Putting aside the government’s hype and PR initiatives, the reason our income tax system is so successful is FEAR. Fear of being audited, fear of being assessed, fear of tactics employed to collect unpaid taxes, fear of intrusion into our personal affairs, fear of not being able to defend ourselves against the unlimited power of government in general and the IRS in particular.

I believe the IRS has carefully cultivated this image over a period of many years. Who can say that they don’t have a sudden, albeit perhaps brief, fearful reaction when they find a letter or notice from the IRS in their mail? I know I do, and I’m a retired CPA. I don’t want to hear from them, ever! When I do get some sort of communication from my friendly tax agency (federal or state), I just know it’s going to cost me time, money and aggravation. Perhaps you’ve noticed over the years that around tax time it’s common to see a spate of media stories about prosecutions for tax fraud. In my opinion, that’s no accident.

One of Ronald Reagan’s many sage observations, “The taxpayer: That’s someone who works for the federal government but doesn’t have to take the civil service examination,” seems to sum up the situation rather neatly. For my part, I believe Americans are over-taxed and under served by their government, while our politicians are constantly looking for ways to impose new taxes under the radar of public scrutiny and awareness. Will it ever end? Probably not, until we have taxed ourselves into near or complete oblivion.

source: personalfinance4u.com

link to the post:
http://personalfinance4u.com/taxes/tax-facts/



Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

http://waterfrontlife.blogspot.com
www.FortLauderdaleLiving.net

Nov 19, 2008

Paying the price for tax cuts in Broward County

FORT LAUDERDALE, Fla. – Nov. 18, 2008 – Weston homeowner Tony Steinbuck fights fires for a living, but even he is incensed by the more than 50 percent increase in fire fees imposed by his city.

“It’s a big scam,” said Steinbuck, 47, a Palm Beach County firefighter whose bill jumped from $232 to $357. “That’s how some of the cities are back-dooring. They knock off some property taxes, and then charge more fees.”

The state last year ordered spending cuts and then voters in January approved additional tax relief. But in Broward County, most property owners won’t get all they were expecting. Instead, 26 municipalities and the county raised property tax rates, added or increased fees on services ranging from ambulance transport to athletic programs, or did both.

Their officials say they had little choice because essential services were at stake. But some residents and economists question whether local governments should have made more aggressive spending cuts or taken other measures, such as expanding the tax base or privatizing services.

“I think it’s totally unfair because ... they are taking more money from the citizens, which is not what the Legislature intended,” said Phil McConaghey, 75, an engineer from Pembroke Pines, one of 13 municipalities that boosted its tax rate, imposed some new fees and increased others.

A case for fees

Coral Springs this year raised more than a dozen fees, ranging from fire inspection charges to community bus fares.

Mayor Scott Brook defends the practice because fees are more targeted than property taxes.

“If you are not engaged in the service, you are not paying,” he said.

Some of the fees hikes this year are steep.

In Tamarac, for example, patients requiring basic transport from paramedics will pay $600, up from $360 last year. Plantation homeowners caught building without a permit will be charged $300, up from $200, or if it is greater, double the permit fee. Seven cities boosted their fire fees by at least 30 percent.

“We’re no further ahead with the tax cuts because of the fees,” said Lenora Chuchla, 63, of Hollywood, which tacked on an additional $33 to yearly garbage bills. “They may sound like small increases, but when you’re on a fixed income, it’s not.”

Weston City Manager John Flint said his city’s new contract with the Broward Sheriff’s Office justifies the 53.7 percent increase in fire fees. He said the old contract lagged behind inflation and the city last April added a fourth rescue truck.

Byron Jaffe, an airline pilot and Weston resident, said the fee hike is “worth it as long as the high level of service is maintained. I don’t want my house to burn down because we don’t have enough fire services to get here.”

Broken promises?

Voters in January approved a ballot initiative that doubled the $25,000 homestead exemption and allowed homesteaders to take tax savings with them when they moved. The previous spring, the Legislature ordered local governments to freeze property taxes at 2006 levels, then trim them by 3 percent to 9 percent, depending on how much taxes collections increased over the previous five years.

The point was “to ensure that local governments knew that the ever increasing gravy train is over,” said former state Sen. Steve Geller, a South Florida Democrat who pushed the tax relief amendment.

However, just five local governments – Deerfield Beach, Lauderdale-by-the-Sea, Lazy Lake, Pembroke Park and West Park – passed budgets without raising fees or property tax rates.

Pembroke Park Manager Bob Levy said the town “turned to industry to pick up the [tax] burden.”

It aggressively grew its tax base by using incentives to lure large companies.

“We could not survive otherwise because about 30 percent of our population lives below the poverty line,” he said.

On the other hand, Pembroke Pines raised its tax rate to $4.43 per $1,000 taxable property value, up from $4.17 last year. Many owners will still save money because of the new $50,000 homestead exemption, just not as much as they thought.

Faced with a $12.6 million shortfall, the city cut about 80 positions, including 67 vacancies; sliced pool hours; and imposed a four-day, 40-hour work week for some employees. It kept its tennis program going by introducing membership fees of $20 to $50. It also raised its fire fee to $209.63, up from $153.48.

Asked whether the commission considered limiting perks such as travel or cell phones, Pembroke Pines Mayor Frank Ortis said: “What perks should I have cut? The residents didn’t ask me to do that.”

Not everyone embraces the city’s choices.

“I’m not happy,” said Debbie Alley, 55, an accounting and human resources administrator. “I am concentrated on making mortgage payments and gas is higher. I will certainly think about fees when [commissioners] are up for re-election.”

The choices

Chris Edwards, director of tax policy at the Cato Institute, a libertarian research group, argues that cities should consider privatization instead of increasing fees.

“Swimming pools and any other service where the user can be charged a fee can be privatized,” he said. “Private enterprise runs things more efficiently, especially when there’s competition.”

Ronald Fisher, an economics professor at Michigan State University, argues that fees and tax rate hikes are not unreasonable if it keeps municipal services at an acceptable level. For example, he said, if a city cuts its police force, crime may go up. With fewer workers to mow medians and repair roads, neighborhoods may fall prey to blight and property values could plunge.

The goal is to generate enough revenue to promote economic growth without overburdening homeowners, Fisher said.

“Everybody wants something for nothing,” he said. “As we know, it’s not realistic. If people still want good roads, garbage collection, water services, they have to pay for it sometime.”

source: floridarealtors.org

link to the original post:
http://www.floridarealtors.org/NewsAndEvents/n3-111808.cfm



Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

http://waterfrontlife.blogspot.com
www.FortLauderdaleLiving.net

Nov 17, 2008

Foreclosures may alter home values

In a sign of how the real estate market has imploded, property appraisers plan to figure in foreclosure sales when they value homes next year.

State Department of Revenue rules advise county property appraisers to ignore foreclosures and other types of "distressed" sales in favor of arms-length deals between willing buyers and sellers.

The belief is that such open market sales are truer indicators of home values. But that's only the case when foreclosure sales are relatively rare, not rampant like they are now, property appraisers are saying.

"The number of foreclosure sales we are dealing with now is so much greater than I have ever seen that I believe they have become part of the market," said Pam Dubov, Pinellas County's property appraiser-elect.

Warren Weathers, Hillsborough County's chief deputy appraiser, said that Dubov is right and that his office also will look at how to gauge the effect of foreclosure sales on values. In Pasco County, Appraiser Mike Wells has already done so for this year's tax roll.

"Some of the Department of Revenue rules are for a normal market," Weathers said, "and this is not a normal market."

Dubov and Weathers have yet to come up with a method for weighing how the inclusion of foreclosure sales will effect homeowners' property tax bills.

It's complex and uncharted territory, they said. Next week, appraisers from across Florida are meeting in St. Petersburg, and Dubov said she plans to raise the issue.

"We have to do some gaming of this and see what it looks like," she said. "I just know we can't do business as usual."

But both she and Weathers agree one likely result is that homeowners in areas with lots of foreclosure sales whose homes are assessed near market value will see their property tax bills drop next year, assuming governments don't raise tax rates.

In Pasco, Property Appraiser Wells said that in the spring he told his staff to consider foreclosure sales when developing the current tax roll. Wells said he did so after talking with his staff, his attorney and few others. He has yet to hear complaints from the state, or from homeowners who saw their tax bills dip.

"I believe it allowed me to come up with a fairer picture of the market, and what is going on out there," Wells said.

Jim Overton, Duval County property appraiser and president of the Florida Association of Property Appraisers, said he was unaware of Wells' move but isn't surprised others are eager to follow. The issue was discussed recently among appraisers at the national level, he said, and will be taken up by his association in coming months.

According to Dubov, Gov. Charlie Crist's office has asked the Department of Revenue for a review of the matter. Other than to say two or three appraisers have been in contact about the issue, the department declined to discuss what Dubov, Weathers and others plan.

Hernando County Property Appraiser Alvin Mazourek said he also was considering how to incorporate distressed sales into next year's values.

Though some homeowners may see their tax burden lift a bit, the decision by property appraisers to include foreclosure sales in their market analysis could reduce the amount of revenue going to already strapped local governments.

Incoming Pinellas administrator Bob LaSala said that in such a precarious economy it makes sense for appraisers to innovate and change their practices, even if it makes his job tougher.

"I wouldn't begrudge the home­owner who is struggling with a tax bill a solution that might make sense in this broader picture just because I've got constraints as well," LaSala said.

Florida is second only to California in the number of struggling borrowers who have lost their homes to lenders. In Tampa Bay area counties last month, 26 percent of real estate deals involved banks selling off properties reclaimed through foreclosure. Another 9 percent were "short sales," where borrowers behind on mortgages settle with lenders for less than what's owed.

That means in October more than one in three deals were distressed. The figure in September was 28 percent.

By comparison, in September 2007, 6 percent of sales were distressed; in September 2006, just 1 percent.

Peter K. Murphy, a real estate consultant with Home Encounter in Ybor City who provided the data on distressed deals, said that last month banks were selling foreclosed homes for 60 percent of market value.

source: tampabay.com


link to the original post:
Foreclosures may alter home values



Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

www.LasOlasLifestyles.com
www.FortLauderdaleLiving.net


Nov 16, 2008

Fla. Supreme Court considering tax cap amendment

TALLAHASSEE, Fla. (AP) – Nov. 6, 2008 – A day after election polls closed, the Florida Supreme Court heard oral arguments Wednesday on what could be one of the hottest issues on the state 2010 ballot if justices approve it.

The proposal is a citizen initiative that would cap property taxes at 1.35 percent of the highest taxable value of a home, business or other real estate, although voters could approve exceptions.

Petition sponsors say tax cuts ordered by law last year and through another state constitutional amendment passed in January don’t go far enough.

A financial impact statement, also under high court review, says the proposal would cost local governments at least $6 billion a year.

The justices will determine only if it covers a single subject and has a clear and accurate title and ballot summary.

Former Supreme Court Justice Stephen Grimes, now in private law practice, argued it misses the mark on both counts. He represents the Florida League of Cities, Florida School Boards Association and Florida Association of Counties.

The proposal covers more than one subject because it affects state as well local governments and their budgeting process besides limiting taxes, Grimes said. He noted it would require the Legislature to decide the distribution of tax revenues in areas where voters allow the cap to be exceeded.

“This court has said consistently that citizen initiatives are not designed to effect cataclysmic changes to our form of government,” Grimes said. “The Legislature is being pulled into doing something it’s never done before.”

Grimes said the proposal does not qualify for an exemption to the single-subject requirement for revenue limiting initiatives. He cited a unanimous opinion the high court issued in a similar case when he was sitting on the bench in 1997. It says the exemption does not apply to measures affecting multiple branches or levels of government.

Daniel Woodring, the lawyer for the sponsoring group, Cut Property Tax Now, urged the justices to reverse the 1997 decision.

“It’s an advisory opinion,” Woodring said later. “It’s persuasive, it’s not binding.”

Two justices who participated in the 1997 case, Harry Lee Anstead and Charles Wells, are still sitting on the seven-member high court. Woodring acknowledged it’s going to be tough getting the justices to reverse it, but at least one agreed with his argument.

Charles Canady, one of two justices recently appointed by Gov. Charlie Crist, called the 1997 ruling “nonsensical” and “an opinion without reasoning.”

Grimes also faulted the ballot summary for failing to cite what part of the Florida Constitution the proposal would amend. Woodring said that’s unnecessary due to the exemption for revenue-limiting initiatives.

The justices spent several minutes questioning Woodring about what exactly the amendment would do. Justice Barbara Pariente then asked how a voter could determine that if the justices couldn’t figure it out just by reading the summary.

Woodring said it’s simple. He gave the example of a home with a $100,000 taxable value. Applying the limit would mean the tax couldn’t be more than $1,350.

“That’s all the voter really needs to know,” Woodring said later. The example, though, isn’t included in the ballot summary.

Cut Property Tax Now has collected 110,492 of 611,009 signatures currently needed to get on the ballot. That’s 8 percent of votes cast in the last presidential election. The minimum is expected to increase by about 30,000 signatures for 2010 based on Tuesday’s turnout of more than 8 million voters.

source: floridarealtors.org


link to the original post:
Fla. Supreme Court considering tax cap amendment



Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

www.LasOlasLifestyles.com
www.FortLauderdaleLiving.net

Nov 15, 2008

Rental Housing Leaders Slam Homebuyer Tax Credits

By PAUL JACKSON
November 14, 2008

As the National Association of Home Builders pushes to expand a first-time homebuyer tax credit from $7,000 to $22,000 in the name of stimulating home buying activity, two groups representing the multifamily rental housing industry slammed the idea — along with other taxpayer-funded efforts to prop up housing demand — as industry favoritism, and called on Congress to shelve the proposals.

In a letter sent to legislators, National Multi Housing Council president Doug Bibby called tax credits, seller-financed downpayments and interest rate buydowns “bailouts for the for-sale housing market, the very sector of our economy that helped trigger the global economic crisis.” The letter was sent on behalf of the NMHC and the National Apartment Association.

Homebuyer tax credits were originally touted as “critical” to housing’s rebound by both realtors and home builders, but so far the results clearly have been less than flat. Realtors suggested to MarketWatch’s Amy Hoak earlier this week that buyers aren’t biting, because the credit isn’t free money and must be repaid.

“The only issue a homebuyer tax credit addresses is the oversupply of single-family houses, which is something best left to the marketplace — not taxpayers — to correct,” Bibby said.

“Oversupply situations happen in every industry, and the housing industry will recover with or without Congressional action, just as it has in past oversupply situations. Moreover, why should taxpayers help out an industry that recognized a downturn was coming and still kept overproducing?”

The Commerce Dept. said at the end of Oct. that the supply of new homes on the market represented 10.4 months of sales in Sept., well above historical norms (although improved from one month prior). Builders have been struggling with a huge inventory overhang throughout the ongoing housing crisis, with critics saying many builders failed to adjust quickly enough to the bust of the housing bubble.

“Why would the government want to use taxpayer dollars to encourage people to buy an asset that is expected to lose up to 25 percent of its value in the next 12 to 24 months?” Bibby asked. He argued that such incentives do little to create jobs, and merely put borrowers in the situation of being upside down on their new home; instead, he argued that builders need to take their medicine and absorb those losses directly.

Bibby suggested more traditional economic stimulus measures, rather than bailout attempts.

“If Congress wants to shore up the economy, it should stop favoring specific industries and instead enact proven economic stimulus policies, such as investment incentives for business, investing in our national infrastructure, extending unemployment benefits, issuing general aid to state governments and meaningful energy efficiency tax incentives for commercial real estate.”

Write to Paul Jackson at paul.jackson@housingwire.com.

source: housingwire.com


link to the original post:
Rental Housing Leaders Slam Homebuyer Tax Credits


Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

www.LasOlasLifestyles.com
www.FortLauderdaleLiving.net



Nov 14, 2008

Housing Prices Spur Property Tax Appeals

INVESTOR'S BUSINESS DAILY

Posted 10/30/2008

As if it weren't bad enough that one's home may have fallen 20% or more in value since purchase, the property tax bill can add insult to injury.

"Property tax assessments are going to lag a little behind (real home values)," said Eric O'Keefe, editor of Land Report magazine. "They're not in real time."

The gap between full assessments can range two to 20 years depending on jurisdiction. Typically it's the lower end of that range, but a lot can happen even in a few months.

For homeowners hit by value declines since the end of the housing boom, a year's lag can make a huge difference in their tax bill. So it's not surprising that many are appealing their property tax assessments.

In parts of Northern California, assessors have reduced tax values on nearly a third of residential properties, many bought in the boom. Property tax appeals are running four times higher than last year in El Dorado County, near Sacramento.

Nationwide Appeal?

In Southern California, the Orange County Register reports that its populous district is seeing 72% more appeals than last year.

Meanwhile Georgia's Macon and Bibb counties plan to add another tax-assessment office to deal with a burgeoning workload, while "unprecedented" appeals are cited in a report from the New Orleans area.

Those in the tax business are sensing a nationwide trend.

"All we can tell you is that, anecdotally, we've seen more interest," said Pete Sepp, spokesman for the National Taxpayers Union, a nonpartisan group for tax limits. "Clearly individuals are more motivated than they were a year or two ago."

It doesn't cost much to try getting property taxes reassessed lower. The procedure varies from state to state, but generally filing an appeal costs $25 or less — in some places, it's even free. Some localities, such as Fairfax County, Va., let a person do the whole procedure by mail.

The main limitation is time. The window for filing an appeal may be as little as 30 days after a homeowner gets an assessment. Be prepared to swing into action to make a case.

There are two main reasons to adjust an assessment, according to Sepp. One, the assessor may have incorrect data on the home — the square footage, the number of bathrooms, or some such thing. These matters can be readily cleared up with empirical proof.

Today's Big Issue

The more likely cause of a reassessment these days, however, is a change in the market value of a property. That can be a trickier thing to prove, as an owner has to show that properties comparable to his own are going for lower prices.

So where does a homeowner start? Some appraising agencies put their data online, which can make it even easier to find general standards of assessment. If a homeowner can find another property that seems similar to his own on the relevant points, and it has just sold for less, that could be all the data needed.

But for evaluating one's own property, O'Keefe suggests finding out who originally appraised it, and giving him or her a call. With a storehouse of data on local properties, appraisers can easily make updates.

"Personally that's what I did," he said. "I saw a jump in the assessed value of my property, so I called the original appraiser and asked, 'Has it really gotten that much appreciation?' They said yes, because the appraiser had done an update."

Homeowners can also request documentation, such as worksheets and paper records, on how the property was assessed.

When Finding Fault Is Good

This can be a good place to spot errors in an evaluation, such as if it claims a new roof has been added when in fact it was just patched.

Sepp advises homeowners to swallow their pride and see all of their property's faults. Each of them could reduce the tax bill.

"Why pay for drawbacks to your home?" he said. "You might as well point it out to the assessor, because anybody who seeks to buy it will find it immediately. It's not like you're keeping some secret."

A homeowner still not sure of a property's true worth could hire his own appraiser to reassess it. But, of course, the homeowner would have to decide whether the $300 to $500 typically paid for such an appraisal is worth the potential tax savings.

Mostly Do-It-Yourself

Owners of commercial property, and those with a lot riding on the outcome, might want to hire a lawyer.

But both O'Keefe and Sepp say it should not be necessary for the ordinary homeowner to hire legal help. Most appeals boards are made up of local citizens, so a homeowner doesn't need arcane technical knowledge to make a case.

The main roadblock one is likely to meet is that governments don't want to give up a source of funds — especially true in the current tight times.

O'Keefe suggests gauging the mood of the municipal board.

"Are they pro-development?" he said. "Are they interested in trying to encourage certain types of investment in the area? If so, they might be more lenient."


source: ibd


link to the original post:
http://www.investors.com/editorial/IBDArticles.asp?artsec=27&issue=20081030


Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

www.LasOlasLifestyles.com
www.FortLauderdaleLiving.net

Housing Prices Spur Property Tax Appeals

INVESTOR'S BUSINESS DAILY

Posted 10/30/2008

As if it weren't bad enough that one's home may have fallen 20% or more in value since purchase, the property tax bill can add insult to injury.

"Property tax assessments are going to lag a little behind (real home values)," said Eric O'Keefe, editor of Land Report magazine. "They're not in real time."

The gap between full assessments can range two to 20 years depending on jurisdiction. Typically it's the lower end of that range, but a lot can happen even in a few months.

For homeowners hit by value declines since the end of the housing boom, a year's lag can make a huge difference in their tax bill. So it's not surprising that many are appealing their property tax assessments.

In parts of Northern California, assessors have reduced tax values on nearly a third of residential properties, many bought in the boom. Property tax appeals are running four times higher than last year in El Dorado County, near Sacramento.

Nationwide Appeal?

In Southern California, the Orange County Register reports that its populous district is seeing 72% more appeals than last year.

Meanwhile Georgia's Macon and Bibb counties plan to add another tax-assessment office to deal with a burgeoning workload, while "unprecedented" appeals are cited in a report from the New Orleans area.

Those in the tax business are sensing a nationwide trend.

"All we can tell you is that, anecdotally, we've seen more interest," said Pete Sepp, spokesman for the National Taxpayers Union, a nonpartisan group for tax limits. "Clearly individuals are more motivated than they were a year or two ago."

It doesn't cost much to try getting property taxes reassessed lower. The procedure varies from state to state, but generally filing an appeal costs $25 or less — in some places, it's even free. Some localities, such as Fairfax County, Va., let a person do the whole procedure by mail.

The main limitation is time. The window for filing an appeal may be as little as 30 days after a homeowner gets an assessment. Be prepared to swing into action to make a case.

There are two main reasons to adjust an assessment, according to Sepp. One, the assessor may have incorrect data on the home — the square footage, the number of bathrooms, or some such thing. These matters can be readily cleared up with empirical proof.

Today's Big Issue

The more likely cause of a reassessment these days, however, is a change in the market value of a property. That can be a trickier thing to prove, as an owner has to show that properties comparable to his own are going for lower prices.

So where does a homeowner start? Some appraising agencies put their data online, which can make it even easier to find general standards of assessment. If a homeowner can find another property that seems similar to his own on the relevant points, and it has just sold for less, that could be all the data needed.

But for evaluating one's own property, O'Keefe suggests finding out who originally appraised it, and giving him or her a call. With a storehouse of data on local properties, appraisers can easily make updates.

"Personally that's what I did," he said. "I saw a jump in the assessed value of my property, so I called the original appraiser and asked, 'Has it really gotten that much appreciation?' They said yes, because the appraiser had done an update."

Homeowners can also request documentation, such as worksheets and paper records, on how the property was assessed.

When Finding Fault Is Good

This can be a good place to spot errors in an evaluation, such as if it claims a new roof has been added when in fact it was just patched.

Sepp advises homeowners to swallow their pride and see all of their property's faults. Each of them could reduce the tax bill.

"Why pay for drawbacks to your home?" he said. "You might as well point it out to the assessor, because anybody who seeks to buy it will find it immediately. It's not like you're keeping some secret."

A homeowner still not sure of a property's true worth could hire his own appraiser to reassess it. But, of course, the homeowner would have to decide whether the $300 to $500 typically paid for such an appraisal is worth the potential tax savings.

Mostly Do-It-Yourself

Owners of commercial property, and those with a lot riding on the outcome, might want to hire a lawyer.

But both O'Keefe and Sepp say it should not be necessary for the ordinary homeowner to hire legal help. Most appeals boards are made up of local citizens, so a homeowner doesn't need arcane technical knowledge to make a case.

The main roadblock one is likely to meet is that governments don't want to give up a source of funds — especially true in the current tight times.

O'Keefe suggests gauging the mood of the municipal board.

"Are they pro-development?" he said. "Are they interested in trying to encourage certain types of investment in the area? If so, they might be more lenient."


source: ibd


link to the original post:
http://www.investors.com/editorial/IBDArticles.asp?artsec=27&issue=20081030


Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
RoryVanucchi@gmail.com

www.LasOlasLifestyles.com
www.FortLauderdaleLiving.net

Nov 10, 2008

Tax Rule Slams Hard-Hit IRAs, 401(k)s

In the past month, Congress and the Bush administration have worked feverishly to help Wall Street.

Now millions of older adults are seeking last-minute help with a problem that directly affects Main Street: required withdrawals from retirement accounts.

Individual taxpayers, lobbying groups and even some politicians are pressing Washington to change the rules regarding "required minimum distributions" (RMDs) from individual retirement accounts, 401(k)s and related savings vehicles.

The value of such accounts has fallen dramatically in the stock-market selloff, and seniors are loath to reduce their accounts further by taking required distributions.

Time Runs Short

Two weeks ago, AARP, the large membership group for older adults, asked the Treasury Department to give IRA holders the option of not taking a required distribution this year. It's an idea backed by President-elect Barack Obama.

The problem, says David Certner, AARP's legislative-policy director, is that time is running out. Typically, distributions must be taken by Dec. 31, and many account holders wait until November or December to withdraw the needed funds.

"People need relief," Mr. Certner says.

Retirement accounts allow investors to save money for years without paying taxes. After reaching age 70½, however, account holders are required to withdraw a percentage from their savings each year. These required distributions were created to ensure that IRAs and related vehicles are used as a source of retirement income -- and not as a tax shelter for passing money from one generation to the next. As a result, there is virtually no wiggle room for avoiding required minimum distributions.

(Uncle Sam does provide some flexibility with a person's first RMD. You have until April 1 of the year following the year in which you turn 70½ to make your first withdrawal. For example: A person who turns 70½ at any point during 2008 can take his or her first withdrawal this year -- or as late as April 1, 2009.)

Distribution requirements are for the most part based on the age and life expectancy of account holders. Essentially, the older the account holder, the greater the percentage of IRA investments that the Internal Revenue Service requires be withdrawn. The RMD also factors in the marital status of the account holder and the beneficiaries. (The actual calculation is based on a "distribution period factor," in these IRS tables).

For a 75-year-old widower, for example, the distribution-period factor is 22.9. To come up with the required distribution, the account value is divided by the factor. So on a $50,000 account, the RMD would be $2,183. But a 90-year-old with the same status would have to withdraw $4,386.

Taking Losses

What's causing headaches is that RMD amounts are based on account values from Dec. 31 of the previous calendar year. In any year, of course, financial markets can post significant moves over the course of the year. But this year -- with stocks down by more than a third -- seniors are being forced to withdraw amounts of money out of proportion to their current account values.

Theodore Beckley, an 82-year-old former engineer, has seen stock in his IRA lose about 70% of its value since the start of the year. At his age, the RMD will force him to take out half of the remaining money in his account.

Last month, when stocks were at their lows for the year so far, the Colorado resident calculated that in order to make up the amount of money he's being forced to withdraw, his remaining investments would have to rise 308% by the end of the year. "I have to cash out so much stock to get the distribution that I'm not going to have enough stock left to do anything with," says Mr. Beckley.

In Arizona, Patricia Wood, a 69-year old former schoolteacher, and her 72-year-old husband have seen their IRA lose more than 40% of its value. And with the IRA in her husband's name, the rules will require an additional 7% of the money to be withdrawn.

Forced to Sell

Ms. Wood says that, even with the steep downturn in the market, "our plan is to not panic and sell, but to hold on to our IRA, with the personal conviction that the stock market and our economy will stabilize and recover well." Being forced to sell at this point, she says, is "counterproductive."

In recent years, there has been some talk in Washington about changing the distribution rules to account for longer life spans. One suggestion: Delay the first required distribution until age 75. Suggestions have also been floated about exempting from the RMD those IRA holders with relatively smaller amounts of money. But the collapse in the stock market has now focused attention on the issue.

Will Washington act? There are, of course, complications. Many people have already taken their distributions through installment plans. How would they be treated? And what about the potential loss of tax revenue? Allowing millions of people to skip an RMD would mean the federal government -- already strapped for cash -- would lose tax dollars associated with those withdrawals.

Ms. Wood recently received a notice from her IRA plan telling her she has to have the cash in place to take her RMD by Dec. 15.

"Time is even shorter than I realized," she says.

Email: encore@wsj.com.


source: wsj - encore : november 9, 2008

http://online.wsj.com/article/SB122618338831011321.html


Fort Lauderdale Blog and Real Estate News
Rory Vanucchi
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www.LasOlasLifestyles.com
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