Recently a New York State Tax Appeal Tribunal upheld an administrative law judge’s ruling on a 2009 tax case regarding a unique interpretation of what constitutes a “permanent residence.” The decision was based on the fact that, though the home was occupied only a few weeks a year by the owners, it could have been lived in all year round. Simple enough, except that the owner lived and worked in another state and had not been complying with the New York state income tax regulations. Simple but a real game changer.

The basics of the case are as follows: A Connecticut couple bought a second home for vacation use on Long Island for approximately $260,000.00 some years ago. During their ownership they complied with all tax laws regarding mortgage interest and property tax deductions based upon their minimal personal use.  New York state income tax had been assessed only on the husband’s income earned while working in New York.

With this new ruling, the couple has been found to have been in non-compliance with the New York State Tax Code, and the state has made an additional demand regarding income earned by both husband and wife outside of NY. This additional tax bill amounts to $1.06 million. New York tax experts say this ruling is a complete departure from how summer second homes have been treated by NY.  It has the potential to raise the tax bill for thousands of second home owners in the city and other vacation home areas in the state.

Last week’s analytic report numbering visits to the Spencer Hughes website showed gains in the number of inquiries from Connecticut, Massachusetts and New Jersey residents. Small surprise to me, for I expect an increase of inquiries to New Hampshire, which has no state income tax, should this interpretation be applied to out-of-state second home owners in the Catskills, Finger Lakes, Adirondacks and Thousand Islands areas. And the possibility of other cash-strapped states adopting the NY ruling is also very real. This would certainly provide support for second home property values in our state.
Jim Ferriman    Jferriman@spencerhughes.com     603-267-9866 & 603-520-5385

Can a vacation 2nd home qualify for a 1031 tax deferred exchange? The answer is an unequivocal “maybe.” Clear enough? There certainly are established tax breaks that can make a vacation home more affordable, and use of this knowledge is how tax specialists earn their daily bread. I strongly suggest you meet with one for the latest IRS rulings and to maximize your benefits.

One very basic rule is to document the length of time per year that you and your family members spend at your vacation home, and whether it is held for personal use and enjoyment or for investment purposes. This, along with any rental income you may derive from it, will determine how the property is treated for tax purposes.  The three basic categories for review are: Use a lot/Rent a lot; Use a little/Rent a lot; and Use a lot/Rent a little.

What qualifies for a 1031 exchange?

It is accepted that a 2nd property that is used fewer than 14 days per year by the owner and rented out the rest of the year, is considered to be an investment property and qualifies for a 1031 exchange. Furthermore, raw land with no improvements and held solely for appreciation purposes qualifies for a 1031 exchange. Again, this at times may seem like a somewhat moving target, and discussion with your tax advisor would be my advice.

If your 2nd home is used exclusively for family vacations, the interest on a mortgage would be deductible just as interest on your first home is treated. And as important, local property taxes may be deducted on your second home. If your 2nd home is for seasonal use only, and you rent it out for 14 days or less in a calendar year, you can receive rent without claiming it on your income tax return. You can also still claim the same deductions in that the IRS considers it to be a vacation home.

Some formerly seasonal homes, bought many years earlier, and then later used as the principal residences of  newly retired owners following improvements, may qualify for the up to $500,000 tax free profit upon its sale after 2 years of primary use. However, federal legislation has been adjusting this break recently to apply tax to a pro-ration of the total years of 2nd home ownership to that of primary residence.

Confused? It is daunting at times, but 2nd home ownership reality is made more possible for many by navigating through the existing rules and regulations – and for, by and large, very enjoyable results.
Jim Ferriman

Considering real estate? Don't wait!

Why? Why indeed! The answer is and always will be the long term appreciation rate of a property. Appreciation is the increase in property value over time due to inflation and the effects of supply and demand imbalances. If the appreciation rate is high enough, about 1.75 points above the inflation rate, the value of the property increases faster than the outlay costs of taxes, insurance, maintenance and interest. This results in the experience of “living for free.”

Long term appreciation rates will mirror the general rate of inflation. If they don’t, the great leveling factor of supply and demand comes into play. A statistical review tracking repeat sales of the same homes, known as the Case-Shiller index, concluded that the price of existing homes increased by 3.4% annually from 1987 to 2009. The general rate of inflation during this period was 2.9%.

Has the bottom been tested? The awful corollary of appreciation is depreciation. This happened in the late 2000s. Has it run its course? Well some of the best returns from Wall Street for the past 12 months have been realized by real estate mutual funds. PIMCO Real Estate, PRRSX, showed a 107.41% per share increase for the 12 months ended 4/30/10. To me this is an excellent indicator of how investors and finance insiders assess the national real estate market.

Now here is my central point: There remains little undeveloped waterfront property in the Lakes Region; ergo the appreciation rate should not only keep pace with the national inflation rate but also allow a faster increase in value due to the demand exceeding supply. Low property taxes and interest rates, a growing population and the desirability of an area are other major factors, and which I have written about in earlier blog posts, that will also positively affect the value of Lakes Region Properties.

Tomes have been written, are probably being written and likely will be written about the real estate fluctuations of the past 4 years. And though I prefer to retain a sense of the undiscovered nature of our area I imagine we can expect some focused attention on the Lakes Region of New Hampshire.
Jim Ferriman    Jferriman@spencerhughes.com    603-520-5385