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  #6  
Old 03-28-2009, 04:26 PM
removeps-groups@yahoo.com
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Default Re: Main Home vs. Second Home

On Mar 26, 6:48 pm, Bill Woessner <woess...[at]gmail.com> wrote:

- quote -

> I just finished reading Pub 936 to try and get a grasp on this
> situation. I'm just as confused as before. :-)
> Simple story: I'm considering buying a house with a friend of mine.
> We would both be on the mortgage and deed. It would be my second home
> and her main home. I may stay in it a few days a year, but I
> certainly wouldn't guarantee 14 (the threshold for a second home
> rented out).
> Simple question: What are the tax implications for me? Am I allowed
> to deduct interest, property taxes and PMI as if it were my primary
> home? If so, are there rules for how the deductions have to be
> allocated between us? For example, suppose the payment is $1,200 /
> month, of which $900 is tax-deductible. If we split the payment
> 50/50, do we HAVE to split the deduction 50/50? Or can we decide to
> allocate it ourselves?


In addition to all the other excellent posts here, is it recommended
to file a fom 1065? It looks like a pretty formal business type form,
so I imagine it is not needed.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #5  
Old 03-27-2009, 01:49 PM
D. Stussy
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Default Re: Main Home vs. Second Home

"Bill Woessner" <woessner[at]gmail.com> wrote in message
news:4fcb36e8-240f-47c6-88b2-834bf6d727fa[at]z15g2000yqm.googlegroups.com...
- quote -

> On Mar 26, 10:51 pm, "D. Stussy" <s...[at]bde-arc.ampr.org> wrote:
> > Therefore, it's not a matter of the rules. You each get to deduct what

you
> > actually pay since you both owe it.

> But how do you determine what you actually paid? Here's a breakdown
> of a sample payment:
> $714 interest
> $216 principal
> $69 PMI
> $146 property taxes
> $39 insurance
> ==========
> $1184 total
> But of that, only the interest, PMI and property taxes ($929 total)
> are tax-deductible. So if I pay $592 and my friend pays $592, how do
> we decided who paid what? For example, can we decide that ALL of my
> half of the payment went toward interest? That's a better use of the
> deduction since I'm in a higher tax bracket than my friend. Does this
> make sense?


With that example, you each paid half of each item.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 03-27-2009, 12:27 PM
Mark Bole
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Default Re: Main Home vs. Second Home

Paul Thomas, CPA wrote:

- quote -

> > That's a better use of the deduction since I'm in a
> > higher tax bracket than my friend. Does this
> > make sense?

> It might to you, but it doesn't to the tax guy.
> There are ways to make this work. Like you making the house payment and
> your friend paying the groceries, utilities, and other expenses till you
> feel it's even. Since you paid the mortgage in full, you get the full
> expenses for property tax and interest.
> That is a doable, and often used tax planning tool in situations like this,
> or a hi-lo income couple filing MFS, or a host of other potential scenarios.


If I understand, the underlying economic reality doesn't have to change,
but if you do some extra record-keeping and calculating, the higher-AGI
taxpayer can arrange to claim the larger portion of the deductible
household costs, if there are enough other (non-deductible) costs paid
by the lower-AGI taxpayer to keep the overall contributions from each in
balance.

Records would include the ownership of the checking account which made
the payments to the bank, (and possibly where the money came from that
went into the account?) and accounting if necessary for gifts made to
each other in the form of household expenses. Might require filing a
gift tax form, usually with no actual gift tax ramifications now if ever.

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 03-27-2009, 11:00 AM
Paul Thomas, CPA
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Default Re: Main Home vs. Second Home


"Bill Woessner" <woessner[at]gmail.com> wrote in message
news:4fcb36e8-240f-47c6-88b2-834bf6d727fa[at]z15g2000yqm.googlegroups.com...
- quote -

> On Mar 26, 10:51 pm, "D. Stussy" <s...[at]bde-arc.ampr.org> wrote:
> > Therefore, it's not a matter of the rules. You each get to deduct what
> > you
> > actually pay since you both owe it.

> But how do you determine what you actually paid? Here's a breakdown
> of a sample payment:
> $714 interest
> $216 principal
> $69 PMI
> $146 property taxes
> $39 insurance
> ==========
> $1184 total
> But of that, only the interest, PMI and property taxes ($929 total)
> are tax-deductible. So if I pay $592 and my friend pays $592, how do
> we decided who paid what?






You split the deductions 50/50. That is how you split the payments.




- quote -

> For example, can we decide that ALL of my
> half of the payment went toward interest?




Nope. Because you paid HALF of each payment, you can only deduct HALF of
the interest and taxes.

You don't get to pick and choose your deductions.




- quote -

> That's a better use of the deduction since I'm in a
> higher tax bracket than my friend. Does this
> make sense?




It might to you, but it doesn't to the tax guy.



There are ways to make this work. Like you making the house payment and
your friend paying the groceries, utilities, and other expenses till you
feel it's even. Since you paid the mortgage in full, you get the full
expenses for property tax and interest.

That is a doable, and often used tax planning tool in situations like this,
or a hi-lo income couple filing MFS, or a host of other potential scenarios.






--
Paul Thomas, CPA
Watkinsville, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 03-27-2009, 06:17 AM
Bill Woessner
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Posts: n/a
Default Re: Main Home vs. Second Home

On Mar 26, 10:51*pm, "D. Stussy" <s...[at]bde-arc.ampr.org> wrote:
- quote -

> Therefore, it's not a matter of the rules. *You each get to deduct what you
> actually pay since you both owe it.


But how do you determine what you actually paid? Here's a breakdown
of a sample payment:

$714 interest
$216 principal
$69 PMI
$146 property taxes
$39 insurance
==========
$1184 total

But of that, only the interest, PMI and property taxes ($929 total)
are tax-deductible. So if I pay $592 and my friend pays $592, how do
we decided who paid what? For example, can we decide that ALL of my
half of the payment went toward interest? That's a better use of the
deduction since I'm in a higher tax bracket than my friend. Does this
make sense?

Thanks,
Bill

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 03-27-2009, 06:16 AM
Steve Pope
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Posts: n/a
Default Re: Main Home vs. Second Home

Bill Woessner <woessner[at]gmail.com> wrote:

- quote -

> I just finished reading Pub 936 to try and get a grasp on this
> situation. I'm just as confused as before. :-)


> Simple story: I'm considering buying a house with a friend of mine.
> We would both be on the mortgage and deed. It would be my second home
> and her main home. I may stay in it a few days a year, but I
> certainly wouldn't guarantee 14 (the threshold for a second home
> rented out).


> Simple question: What are the tax implications for me? Am I allowed
> to deduct interest, property taxes and PMI as if it were my primary
> home? If so, are there rules for how the deductions have to be
> allocated between us? For example, suppose the payment is $1,200 /
> month, of which $900 is tax-deductible. If we split the payment
> 50/50, do we HAVE to split the deduction 50/50? Or can we decide to
> allocate it ourselves?


One tax implication, if you do the deal as described, is that
you could trigger gift tax on the economic value that you are
transferring to her. You may not have to pay any current gift tax but
it will count against your lifetime credit if the economic value
is above the annual exclusion.

Steve

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 03-27-2009, 01:51 AM
D. Stussy
Guest
 
Posts: n/a
Default Re: Main Home vs. Second Home

"Bill Woessner" <woessner[at]gmail.com> wrote in message
news:b39e5ef0-a551-4556-8f37-efd17da226a8[at]c9g2000yqm.googlegroups.com...
- quote -

> I just finished reading Pub 936 to try and get a grasp on this
> situation. I'm just as confused as before. :-)
> Simple story: I'm considering buying a house with a friend of mine.
> We would both be on the mortgage and deed. It would be my second home
> and her main home. I may stay in it a few days a year, but I
> certainly wouldn't guarantee 14 (the threshold for a second home
> rented out).
> Simple question: What are the tax implications for me? Am I allowed
> to deduct interest, property taxes and PMI as if it were my primary
> home? If so, are there rules for how the deductions have to be
> allocated between us? For example, suppose the payment is $1,200 /
> month, of which $900 is tax-deductible. If we split the payment
> 50/50, do we HAVE to split the deduction 50/50? Or can we decide to
> allocate it ourselves?


For interest, you get your main home plus one other.
For property taxes, you get all your property.

Therefore, it's not a matter of the rules. You each get to deduct what you
actually pay since you both owe it.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 03-27-2009, 12:48 AM
Bill Woessner
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Posts: n/a
Default Main Home vs. Second Home

I just finished reading Pub 936 to try and get a grasp on this
situation. I'm just as confused as before. :-)

Simple story: I'm considering buying a house with a friend of mine.
We would both be on the mortgage and deed. It would be my second home
and her main home. I may stay in it a few days a year, but I
certainly wouldn't guarantee 14 (the threshold for a second home
rented out).

Simple question: What are the tax implications for me? Am I allowed
to deduct interest, property taxes and PMI as if it were my primary
home? If so, are there rules for how the deductions have to be
allocated between us? For example, suppose the payment is $1,200 /
month, of which $900 is tax-deductible. If we split the payment
50/50, do we HAVE to split the deduction 50/50? Or can we decide to
allocate it ourselves?

Thanks in advance,
Bill

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
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