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Status Of Tax Returns

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Whatever it is you're buying and/or selling, you can be sure that the IRS is never far behind. So in case you're in the market to buy a timeshare, expect some things to stir up on your tax returns. Timeshares can be significant purchases, which means certain tax rules apply. So what exactly are the things you have to be aware of on your tax returns when buying timeshares? Here is some information you might find useful:



Property taxes

How your timeshare unit is assessed will vary depending on the state where it is located. Some states, for example, may perform individual assessments of the weeks and identify the tax separately from the maintenance fees. Some states might also bill you directly.

However, if neither is done, you may not have entitlement to deductions because it's likely that your timeshare is assessed as part of the assessment of the entire resort. As such, it is treated as a single tax parcel or as multiple parcels that are relatively bigger than your timeshare week.

In case your property taxes on the timeshare you bought are deductible on your tax return and you have multiple timeshares, you will be able to claim deductions on taxes if all of them have been stated individually or billed separately.

What about closing costs and other fees?

After buying your timeshare, you will have to pay for closing costs. These, including legal expenses you may have incurred because of your purchase, are usually not considered deductibles on your tax returns. Non-deductibles also include membership fees, exchange fees, expenses related to your occupancy and any fees paid to your exchange companies. However, certain rules apply, so it's best to check IRS guidelines or consult a lawyer for more detailed information.

Renting your timeshare?

There's another implication on your tax returns in case you're buying a timeshare and later rent it out. Whatever earnings you gain from this transaction will be considered as income and must be reported as such. That is, unless you meet the tax rules covering your timeshare as a 'vacation home'. This rule, also known in the timeshare circle as the 15-day rule, will apply if:

a) you own at least 3 weeks in one timeshare resort

b) you personally use a minimum of 15 days on the property

If you meet these criteria, you could exclude whatever rental income you gain from renting out your timeshare for less than 15 days.

You could also claim certain deductions on your tax returns in case you are renting out your timeshare. These include depreciation, maintenance fees, commissions on rentals and costs of depreciation and advertising. If there have been any repairs done on the property, you could claim the cost as your deductibles. If you also pay property taxes separately, they could also be included.

Donating your timeshare?

Many generous timeshare owners prefer to donate their timeshares to charity. If your timeshare is deeded, this can be done. In this case, the allowable deduction regarding your timeshare property will be its fair market value at the time of the donation. But there is a limit. The fair market value is considered only if the value of your timeshare does not exceed $5,000. If it does, you will need to show proof of written appraisal that follows set guidelines by the IRS.

If your timeshare is the leased or right-to-use type, it will be considered as a tangible asset. Thus, certain rules will be applied. The amount equivalent to any sort of gain that could be generated by the property had it been sold will be deducted from its fair market value.
Status Of Tax Returns
? The first think to know is that filing tax overdue tax returns with the IRS and Franchise Tax Board for California is a situation that can be resolved

? If you have any taxes due once the returns are filed, that is a different matter which also can be resolved with the help of a tax attorney or CPA

? You don't want to ignore this as the IRS has substantial powers to seize your assets and even commence criminal proceedings against you

? If you don't file on time you will be subject to large penalties'so the sooner you get your house in order the better

? If you lose your job and apply to unemployment benefits, you could be ineligible

? You will be restricted in arranging financing for a home, car or student tuition if your returns are in arrears. Banks have tightened credit and will ask for tax returns to verify your income. Failure to file tax returns would be a ?red flag? to a financial institution.

? The IRS and Franchise Tax Board have sophisticated computer systems to indentify tax evaders. Once you are in their cross hairs they are relentless in going after you.

The objective would be to get your overdue tax returns prepared and filed as quickly as possible. This will greatly support your case that you are a law abiding citizen and not a tax evader. Not filing a tax return is a criminal offense.

If you continue to avoid filing, the IRS and Franchise Tax Board have the right to guess at your income and file a return for you. Once this substitute return is filed and you have tax owing, the tax agencies can commence aggressive collection actions?even if the return is quite wrong.

So the solution is get your back returns filed. Who knows, you could even have a refund due but you only have three years to file or your refund is lost.

Once the returns have been filed, a tax attorney or CPA can assist you with dealing with the IRS and/or Franchise Tax Board regarding any taxes due. There are programs available to make installments or even reduce tax liabilities.

John Spurgeon is a tax attorney in Pasadena, California servicing clients in the greater Los Angeles area. John Spurgeon & Associates, who are both tax attorneys and CPAs, offer a complimentary initial consultation. Please call 626-440-9518.

About John Spurgeon & Associates

John Spurgeon & Associates is a professional services firm located in Pasadena, California with a focus on tax law and related accounting services. They have extensive experience with federal and state income taxes, payroll taxes and sales taxes. They represent business, non-profits and individuals against the IRS and the Franchise Tax Board (California State Taxes). As both tax attorneys and Certified Public Accountants they offer a broad range of tax related services.
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About Author
Both Nick Stoles & John Spurgeon are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Nick Stoles has sinced written about articles on various topics from Real Estate, Finances and Real Estate. Nick Stoles has contributed many articles on Timeshares topics like . Want more timeshare tips? Vis. Nick Stoles's top article generates over 110000 views. to your Favourites.

John Spurgeon has sinced written about articles on various topics from Tax Preparation, IRS Tax and tax. John Spurgeon is a native and resident of Pasadena, California. He is a father of eight and a grandfather of seven. He has over 25 years of experience dealing with corporate income tax, individual income tax, tax planning, litigation of civil criminal cas. John Spurgeon's top article generates over 1600 views. to your Favourites.
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