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January 2016
PATH Act Personal Real Estate
Kasey Pittman, Senior Associate | Real Estate
Individuals who own real estate have cause to celebrate! The “Protecting Americans from Tax Hikes Act of 2015” that
recently passed Congress has extended several tax saving opportunities for homeowners and real estate investors.
Mortgage Debt Exclusion
Mortgage Insurance Premiums
Home mortgage debt cancellation will remain excludable
from income through 2016. This cancellation of debt (COD)
income, often incurred through foreclosure or short sale, does
not need to be included in income if the debt discharged was
for “qualified principal residence indebtedness.” The debt can
be discharged in whole or in part, up to $2 million ($1 million
if married filing separately). The basis of the residence is
then reduced by the amount of COD income excluded, but
not below zero. For those who anticipate COD income in the
coming year the income can be excluded if the discharge is
agreed to in writing in 2016 even if the debt is not actually
discharged until 2017.
Homeowners can continue to deduct qualified mortgage
insurance premiums in connection with acquisition
indebtedness for the taxpayer’s main or second home. These
premiums will continue to be treated as qualified residence
interest and are deductible on Schedule A through 2016. This
deduction is subject to a phase out for married filing jointly
taxpayers beginning with AGIs of $100,000 and completely
phasing out at $109,000. Prepaid mortgage insurance
premiums will continue to be allocated over the shorter of the
term of the loan or 84 months (seven years).
Assurance | Tax | Advisory | dhgllp.com
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Nonbusiness Energy Property Credit
For Virginia First-Time Homebuyers
Certain energy efficient improvements to existing homes will
now qualify for a 10 percent credit through 2016. The total
credit for all tax years can’t exceed $500, no more than $200
of which can be claimed for expenditures for windows. The
limits imposed are lifetime limits, therefore taxpayers who have
already used the maximum credit may not claim any additional
credit. Improvements that qualify include components that
meet or exceed criteria established by the 2009 International
Energy Conservation Code, that are installed in a U.S. dwelling
located in the U.S. and owned and used by the taxpayer as
his/her primary residence, whose original use commences
with the taxpayer, and that reasonably can be expected to
remain in use for at least five years.
This does not fall under the PATH Act but is a relatively new
provision for the state. Under this program Virginia residents
may designate an account with a financial institution as a firsttime homebuyer savings account. Earnings on these accounts
such as dividends, interest and capital gains may be excluded
from Virginia income. Distributions from this account must be
used for a down payment and/or approved closing costs. If
distributions are used for any other purpose previously taken
subtractions are subject to recapture (must be included in
income).
For Real Estate Investors/Professionals
If you are a real estate investor there are several other
provisions that have been extended or made permanent
that may provide planning opportunities including, but not
limited to: a five year extension of bonus depreciation, the
permanent extension of the increased Section 179 deduction,
the permanent extension of the 15-year depreciation recovery
period for certain property, a relaxed definition of qualified
leasehold improvement property, the extension of low income
housing credit percentages, as well as two-year extensions
of the energy efficient commercial building deduction and the
credit for energy efficient homes.
Residential Energy Efficient Property (REEP) Credit
The REEP credit for solar property has been extended through
2021; however, the credit begins to phase out for property
placed in service after 2019. A 30 percent credit is currently
available for property placed in service through 12/31/19. The
credit reduces to 26 percent for property placed in service in
2020 and to 22 percent for property placed in service in 2021.
The credit is available for qualified solar property and qualified
solar water heating property.
This is just the beginning; there are several other extensions,
some permanent, of credits and deductions relating to both
individuals and businesses. For more information or an
analysis of how the PATH Act affects you, please contact your
tax advisor.
Assurance | Tax | Advisory | dhgllp.com
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