Orlando Real Estate Voice

• Will I owe the bank money after the short sale is accepted?
• If you are able to negotiate a price and buy it for less then I owe, will the bank come after me for the difference?

When the lender or bank accepts a short sale on the property for less than what was owed, then a deficiency exists with the loan. The deficiency is the difference between what the homeowner owed and the amount the property sold for.

For example, Mr. Jones owes $300,000 on her home and the lender accepts a short sale for $200,000. There is a deficiency of $100,000 for which the lender can then sue the homeowner. The key phrase is “can sue.” That is the right of the lender. However, that is a practice that almost never happens but, it is a real concern for the homeowner. In most cases, the homeowner wants nothing else to do with the lender once the property is sold.

If the deficiency judgment is granted, it would appear on the homeowners’ credit report just as any other judgment would appear.

Will they be required to pay the difference? During the short sale process, we will negotiate with the lender to not seek a deficiency judgment against the homeowner.

Some lenders as a matter of policy, will not seek a judgment against the homeowner because they feel they have waived their right by accepting a short sale however, if you can get them to openly acknowledge they will not seek a judgment; the owner will be more than happy.

There is a second issue as it relates to the deficiency and that is the 1099.

The lender will issue a 1099 to the homeowner for the difference. In Mr. Jones case, the lender will issue him a 1099 for $100,000. This will have to be reported as income Mr. Jones had received and thus he will have to pay taxes on the $100,000 as though it was earned income.

Upon successfully closing a short sale, lenders will always report a loss to the IRS and issue a 1099. However, the Mortgage Forgiveness Act of 2007 was signed into law on 12-20-07 and is now official, effectively getting rid of the question “will I be taxed on the Short Sale”. Prior to this action, forgiven mortgage debt due to foreclosure, short sale, or deed in lieu of foreclosure, was potentially taxable income to the borrower. This was the subject of much media attention and led to many questions and concerns from Sellers wondering whether or not they were going to get “hit with taxes” on the Short Sale. The new law, however, temporarily waives these taxes for debts forgiven (as high as35%) from the beginning of 2007 to the end of 2009.

This will effectively put an end to the question from Sellers… will I be taxed on the Short Sale discount. The definitive answer (at least until the end of 2009) is NO! For a copy of the Mortgage Forgiveness Debt Relief Act of 2007, go to: http://www.govtrack.us/congress/bill.xpd?bill=h110-3648 or http://www.whitehouse.gov/news/releases/2007/12/20071220-6.htmlThe bottom line here is that only Acquisition funding can be forgiven by the Mortgage Forgiveness Debt Relief Act of 2007.Foreclosure, Deed in Lieu and Short Sales are all treated the same in regards to taxes. Any cancellation of debt is a taxable event except for any acquisition funding for your primary residence that you’ve lived in for the last 2 years. Everything else is taxable. However, please see you tax advisor if you have a second home or investment property that you are considering a short sale on. You accountant may advise you that you may have a loss on this investment property that would offset any gain. Please seek advise from your tax advisor.

In my dealing with lenders, we have found that they generally will not seek a deficiency judgment because of the hardship. There are a couple of options that the homeowner has as it relates to the deficiency judgment. In Mr. Jone’s case, he could file bankruptcy to address the judgment. Mr. Jones could also short sale the deficiency with the lender at a later date. In other words, offer the lender a lesser amount as “payment in full.”

Here is an important note. The lender, if they issue a 1099 cannot then sue for a deficiency judgment. The lender can only pursue one or the other. In other words, Mary can’t receive both a deficiency judgment and 1099 from the lender.

It is obviously in the best interest of the homeowner to be proactive and deal with the short sale before it becomes a foreclosure. At least there is a chance that we can negotiate away the deficiency before it even becomes an issue.

About the author:

Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of real estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

Jerry LaRose, P.A., ABR, GRI, e-PRO, CLHMS, REALTOR® 407-580-7011

Jerry Tax Consequences, short sales Luxury homes, Orlando Fl. Real Estate, Orlando short sale expert & Specialist, Windermere & Winter Garden Fl. real estate

1. First and foremost I would always recommend anyone considering a short sale in the Orlando area to talk to your tax advisor first.

2. I posted in my FAQ’s on short sales the following:

Is the seller going to get hit with a tax bill or a 1099 if you do a short sale?

Upon successfully closing a short sale, lenders will always report a loss to the IRS and issue a 1099. However, the Mortgage Forgiveness Act of 2007 was signed into law on 12-20-07 and is now official, effectively getting rid of the question “will I be taxed on the Short Sale”. Prior to this action, forgiven mortgage debt due to foreclosure, short sale, or deed in lieu of foreclosure, was potentially taxable income to the borrower.

This was the subject of much media attention and led to many questions and concerns from Sellers wondering whether or not they were going to get “hit with taxes” on the Short Sale.
The new law, however, temporarily waives these taxes for debts forgiven (as high as 35%) from the beginning of 2007 to the end of 2009.
This will effectively put an end to the question from Sellers… will I be taxed on the Short Sale discount. The definitive answer (at least until the end of 2009) is NO!

For a copy of the Mortgage Forgiveness Debt Relief Act of 2007, go to:
http://www.govtrack.us/congress/bill.xpd?bill=h110-3648 or http://www.whitehouse.gov/news/releases/2007/12/20071220-6.html

However, I would like to amend that statement and say talk to your tax advisor or attorney, I recently met with an attorney and got a clarification on this law. It was his understanding that this rule only applies to homeowners that occupy the residence and this is and has been their principal residence for the last 2 out of 5 years. YES, your principle residence and you must have lived in for the last 2 years.

I also understand that if you took a Heloc loan or an equity loan and it was not used on and for the home you also may get taxed on this amount even if it’s your primary residence. In other word if you took out a Heloc loan for $50,000 and spent it on a boat. Sorry, you have to pay the tax consequence on this amount if the bank eliminates this debt.

The bottom line here is that only Acquisition funding can be forgiven by the Mortgage Forgiveness Debt Relief Act of 2007.

3. Foreclosure, Deed in Lieu and Short Sales are all treated the same in regards to taxes.

Summary: Any cancellation of debt is a taxable event except for any acquisition funding for your primary residence that you’ve lived in for the last 2 years. Everything else is taxable.

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Jerry LaRose is an Orlando Area Residential Real Estate Expert, who can assist you with the purchase and/or sale of Real Estate in Orlando, Windermere, Winter Garden Florida or any place in the country. Jerry has created a team of professionals throughout Orlando and the country to ensure that you enjoy a smooth transition to your new area. Please visit www.JerrySellsOrlando.com for your real estate needs. Please give me a call if you have questions about the Orlando and Central Florida real estate market.

P.S. If you are listing your home as ashort sale in Orange County Florida and Orlando, Windermere, Winter Garden, or Ocoee Florida make sure you hire an agent who knows how to do short sales and has the experience to get the job done. We are doing successful short sale packages. Call us at 407-580-7011 to find out more about Orange County Short Sales and Orlando Area Short Sales.

Jerry Tax Consequences, short sales BPO, Orlando Foreclosures, Orlando Short Sales, Short Sale Expert in Orlando, Windermere FL. Short sales & foreclosures specialis

Are you self-employed or a partner in a small professional practice? If so, you’re probably very familiar with all the different challenges of running a business. Ultimately, you’re responsible for attracting and retaining customers, providing them with quality services or products, getting paid for your work, and then paying your employees and vendors—all before ever paying yourself a penny.

Then, from the remaining profits, the government wants their “fair share” of your success. Fortunately, with some knowledge and planning, you can take steps to minimize the taxes you end up paying. Here are five ways that self-employed individuals and Realtors® can cut their tax bill.

1. Employ your child

While you get to deduct the wages you pay to your son or daughter as a business expense, your child doesn’t pay any federal income taxes on the first $5,350 of wages earned (in 2008). Plus, if your business is a sole proprietorship or a two-person partnership consisting of the child’s parents, wages paid to your child under the age of 18 are exempt from social security and Medicare taxes as well.
Using the wages paid to your child to fund a Roth IRA is another perk of employing your child . The maximum IRA contribution is $4,000 in 2007, increasing to $5,000 in 2008. Imagine 60 years or more of tax-free growth within your child’s Roth IRA.

For example: Let’s say you’re in the top tax bracket, and you pay your child who is under the age of 18 wages of $5,000 in 2008.

2. Employ Your Spouse of Other Family Member

If your practice has a 401(k) plan or SIMPLE IRA in place, consider paying your spouse or other family member over the age of 21 enough in wages to max out their allowable salary deferrals, provided he or she isn’t already doing so through another employer. For 2007 and 2008, a person can contribute up to $15,500 ($20,500 if 50 or older) into a 401(k) plan, and up to $10,500 ($13,000 if 50 or older) into a SIMPLE IRA. Remember, money contributed into these plans grows tax deferred and is usually protected from your creditors too.

Note: Be aware that there are some costs to you. Expect to pay social security and Medicare taxes at a rate of 15.3 cents for every $1.00 of wages paid to your spouse or family member. You’ll generally owe unemployment taxes and workers’ compensation insurance on their wages as well.

For example: Let’s say you’re in the top tax bracket, pay your spouse $17,000 in wages, from which your spouse contributes $15,500 into a 401(k) plan through salary deferrals.

3. Consider an HSA

With the rising cost of health insurance, high-deductible plans are becoming more attractive to healthy professionals. The rules now allow you to combine a high-deductible plan with a tax-advantaged Health Savings Account (HSA).

Here are the basics about HSA’s:

• Your practice can make pre-tax contributions into an HSA on behalf of you and your family members.

• Money can be withdrawn tax-free from your HSA at any time to pay qualifying medical expenses.

• Any money remaining in your HSA upon your reaching the age of 65 can be withdrawn penalty-free to help fund your retirement.

For 2008, people with family coverage can contribute up to $5,800 into their HSA, while people with individual coverage are capped at $2,900. The government really wants HSAs to succeed, so you should be able to find an adequate high-deductible health insurance option within your state.

For example: Let’s say you switch to a high-deductible health insurance plan and contribute $5,800 into a Health Savings Account.

4. Incorporate Your Business

Once the profits in your business exceed $230,000 (in 2008) per owner, you could save some taxes by incorporating. That’s because you avoid paying the 2.9% Medicare tax on money withdrawn from your practice as S-Corp dividends instead of as salary.

Why is $230,000 the magic number? That’s the maximum amount of salary that you can use to calculate your retirement plan contributions in 2008.

Beware of the costs of incorporating, however, including having an accountant prepare your corporate tax return, additional payroll taxes and worker’s compensation insurance now that you’ll be on the company’s payroll, and a variety of minimum taxes and filing fees assessed by many states.

For example: Let’s say you change your business structure from a sole-proprietor to an S-Corporation, earn $330,000 in profit, from which you take a salary of $230,000 and S-Corp distributions of $100,000.

5. Set up a More Sophisticated Retirement Plan

From what I’ve seen, most practices have relatively basic retirement plans in place, such as a SIMPLE IRA or a Safe-harbor 401(k) plan. While these plans are generally more than adequate, you should be aware that there are more sophisticated plans that you can establish that allow for increased annual contributions for you and your partners, without requiring you to contribute more money into the plan on behalf of your staff. You’ll want to find a retirement plan specialist to help you design the best type of plan to fit the specific needs of you and your practice.

Five Ways To Save

Check with your Tax Professional to see if it makes sense to institute any of these five tax-saving strategies early in 2008. By investing some time now, you could earn substantial dividends in the form of reduced taxes down the road.

Jerry Tax Consequences, Tax benefits, short sales, tax savings Luxury homes, Orlando Fl. Real Estate, Orlando short sale expert & Specialist, tax savings opportunity, Windermere & Winter Garden Fl. real estate