These include many tax breaks that accompany buying a home, selling a home, and filing yearly tax returns. Those who already own a home may already be eligible for many tax benefits and for those that aren't homeowners, they may find that by looking into purchasing a home, they may find that it could save them some money.
For homeowners that are in jeopardy of losing their homes to foreclosure, there are many special provisions that can be made to eliminate them being taxed even further for losing their homes. The Internal Revenue Service has just recently made changes on their website to include a section on foreclosure proceedings. This section has a worksheet that one can use to determine if they are eligible for any of the special provisions. Also within this section is a form that can be filled out for those that are required to pay taxes. This form is a request to the IRS to work out a payment agreement. If a payment agreement cannot be made due to special circumstances and the individual cannot pay the taxes in one payment, the individual can then submit an OIC.
In the OIC (Offer in Compromise) package, there is a form that will help the individual determine if they will qualify for an OIC. The OIC policy is also fully explained in the IRS Policy Statement P-5-100. Normally, if the amount of money that is owed is taken through the foreclosure of a home, the income on that money is usually taxed.
But these special provisions will allow for individuals that are in debt to compensate for that income when their liabilities are more than their assets.
However, these special provisions may not be available in all situations. Two of these situations may include a home that was partially used for a business or it was rented out. For homeowners that have paid back debt with the foreclosure of a home, they must provide a statement from their lender proving so.
This form is Form 1099-C. Through this form, the individual will be able to show the IRS the amount of debt that was forgiven, as well as the fair market value of the property that was obtained through foreclosure.
Lenders are required by law to send this form on to the IRS once it is completed. For this reason, the individual who has been foreclosed on must carefully examine the form and inform the lender immediately if there is any incorrect information showing on the form.
Tax Breaks For Businesses
If you own a business, your business can take advantage of two tax breaks: Increased Section 179 Amounts and Bonus Depreciation.
You could be one of the 130 million taxpayers who will receive a rebate check this year. For more on this tax relief topic, please see my recent article: "Is The IRS Sending You a Rebate Check? Find Out If You Are Eligible."
If you own real estate or invest in real estate, your may find some relief with your "jumbo" loans.
INCREASED SECTION 179 AMOUNTS:
Before the new law, a business could expense up to $128,000 of the cost of qualifying property in 2008. Under the new law, a business can expense up to $250,000 of the cost of qualifying property. This is a huge increase!
Even the phase-out limits are increased. Before the new law, if the cost of qualified property placed in service during the year was more than $510,000, the amount a business could expense was reduced (dollar for dollar) by the amount over $510,000. Under the new law, the dollar for dollar reduction still applies but the old $510,000 ceiling jumps to $800,000.
What property qualifies for the Section 179 Deduction?
The new law makes no changes to the general rules for the types of property that are eligible for Section 179 expensing. Generally, the property must be depreciable tangible personal property (so real property, such as land and buildings, does not qualify) that is actively used in the taxpayer's business. The property must be used more than 50 percent for business and must be newly purchased property.
BONUS DEPRECIATION:
The other incentive is bonus depreciation. The new law provides qualifying taxpayers 50 percent first-year bonus depreciation of the adjusted basis of qualifying property. Make sure you make the election on your tax return - it's required in order to claim the bonus depreciation.
What property qualifies for bonus depreciation?
To be eligible to claim bonus depreciation, property must be one of the following types of property:
- Eligible for the modified accelerated cost recovery system (MACRS) with a depreciation period of 20 years or less (this includes most equipment, computers and furniture)
- Water utility property
- Computer software (off-the-shelf)
- Qualified leasehold property
The property generally must be purchased and placed in service during 2008. Original use of the property must begin with the taxpayer and must occur after December 31, 2007 and before January 1, 2009.
How is the luxury auto depreciation impacted?
Congress also increased the limitations on "luxury" auto depreciation. Ordinarily, the first-year limit on depreciation for passenger automobiles cannot exceed $3,060. However, this limit was increased when bonus depreciation was previously available to $4,600. The new law raises the cap once again, setting it at $11,060 for passenger autos and $11,260 for trucks and vans.
CAUTION! Be sure your business use of qualifying property stays above 50%. If it falls below 50% you may have to recapture some of the benefit previously claimed under Section 179 or the bonus depreciation.
WHAT DO THESE TAX BREAKS MEAN FOR YOUR BUSINESS?
These are very generous changes! These changes provide American businesses with an estimate $44 billion in additional deductions in 2008.
You will definitely want to plan your business purchases now. If you are planning on making equipment purchases in the next few years, now is the time to look out how moving those purchases to 2008 can cut your tax bill.
Both Paige Martin & Tom Wheelwright 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.
Paige Martin has sinced written about articles on various topics from Real Estate, Home and Real Estate. Paige Martin is award winning Houston realtor. Her website features 500+ pages of data and lists all s for sale. Pai. Paige Martin's top article generates over 9900 views. to your Favourites.
Tom Wheelwright has sinced written about articles on various topics from Legal Matters, Finances and Management. Tom Wheelwright is not only the founder and CEO of Provision, but he is the creative force behind Provision Wealth Strategists. In addition to his management responsibilities, Tom likes to coach clients on wealth, business, and tax strategies. Along with. Tom Wheelwright's top article generates over 8100 views. to your Favourites.
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