Tax Breaks for Vacation Homes
With summer around the corner and the real estate market ripe for the picking (because real estate prices and mortgage interest rates are both down), the number of owners of vacation property could grow. The National Association of Realtors reports that vacation homes account for one-third of all new- and existing-home sales. If you own or are considering the purchase of a vacation home, factor in tax breaks that could lower your ownership costs and make this investment an attractive one for you.
Vacation homes
Most people think of vacation homes as ski chalets or beachfront property. The tax law doesn’t restrict many of the breaks for vacation homes to these types of properties. Vacation homes can include a boat or an RV, as long as the property includes sleeping, cooking, and toilet facilities.
Even time shares may qualify for certain tax breaks that go with home ownership.
Current deductions
You can deduct certain costs related to ownership of vacation property if you itemize deductions:
· Real estate taxes. Any property taxes paid on a vacation home are deductible; there is no limit.
· Mortgage interest. You can designate a second home to qualify for deductible mortgage interest. The same limits for a primary residence apply to a vacation home ($1 million for acquisition debt, plus $100,000 for home equity debt). Caution: If you pay any points to obtain the mortgage, the points are deductible ratably over the term of the loan (they can’t be deducted in the year of the home’s purchase like they can with a main home).
Renting out your vacation home
Since you don’t use your vacation home every day, it’s not uncommon to rent it out for days or weeks at a time. The amount of time you use your home and the days it’s rented to others at a fair rent determine your tax breaks:
· If the rental is no more than 14 days-you don’t have to report the rental income. However, you can’t deduct any maintenance or other costs beyond those allowed for real estate taxes and mortgage interest.
· If the rental is more than 14 days and your personal use is more than 14 days or 10% of the rental days-you can deduct some additional expenses such as maintenance, insurance, and depreciation, but only to the extent of rental income. It is unlikely that a time-share owner who uses his property can ever qualify for these added deductions because of the numbers; his or her personal use usually will not be more than 14 days or 10% of the rental days.
· If the rental is more than 14 days but personal use is not more than 14 days or 10% of the rental days-you are considered to hold investment property. You can deduct all of your expenses, subject to the passive loss rules. These rules generally limit annual rental losses to the extent of rental income. However, those with adjusted gross income of no more than $100,000 are allowed to claim rental losses each year up to $25,000.
Tax treatment on the sale
Hopefully, when you sell the home, you’ll make a profit. The sale of a vacation home usually doesn’t qualify for the home sale exclusion on the resulting gain; the exclusion of $250,000 ($500,000 on a joint return) applies only to a principal residence.
However, a vacation home can become a principal residence. You must own and live in it for at least two years prior to the date of sale in order to apply the home sale exclusion against capital gains on the sale.
For example, say you own two homes, your main one and a vacation property. In 2008, you sell your main home, the one you’ve owned and lived in for years. You move into your vacation property and occupy it as your main home. Once you’ve satisfied the two-year test, then you can sell this property (it is now your main home) and again use the home sale exclusion.
Tax-free exchange. If you can’t claim the exclusion (you have a main home at the time you sell your vacation property), you may be able to postpone reporting the gain by swapping the property for other vacation property. Under the like-kind exchange rules, a trade qualifies if both the property relinquished and the newly acquired property are held for investment.
The IRS has created a safe harbor under which it will not challenge whether a dwelling unit qualifies as investment property for purposes of the like-kind exchange rules. The properties will be considered investment property if three conditions are met: (1) each property is owned for at least 24 months, (2) the homeowner rents the property at a fair rental for 14 days or more during those 24 months before and 24 months after the trade, and (3) the homeowner’s personal use does not exceed 14 days or 10% of the number of rental days during a 12-month period (for each of the two 12-months prior to the trade and two 12-month periods after the trade).
Sale at a loss: If you sell your vacation home at a loss, you cannot deduct the loss. No write-off is allowed for a loss on a personal asset.
However, if you’ve rented out your vacation home, it may be considered investment property, rather than personal-use property, and a loss would be allowed in this situation.
J.K. Lasser