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How Tax Law Changes Affect Value of Home OwnershipHow Tax Law Changes Affect Value of Home Ownership

It may be time for your clients to re-evaluate the benefits.

5 Min Read
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The 2017 Tax Act made a host of changes that apply to homeowners, with the primary impact being the loss of formerly available deductions for most clients. This changes the basic equation for many clients as to whether to buy a home, how much home they should own, how much to borrow and even whether they’re better off renting their home to someone else. With respect to home tax benefits, much is different.

There are several general changes to the law that indirectly impact home ownership, such as the doubling of the standard deduction (and elimination of many itemized deductions), which is causing most taxpayers to not have any benefit from specific deductions for taxes, interest and other items on their personal income tax returns. The recent tax law changes may also exacerbate any significant downturn in housing prices, making things worse for homeowners.  

Mortgage Interest

New, post-Act home mortgages will only be deductible for interest up to $750,000 worth of debt. Prior law permitted deduction of interest on up to $1 million of home mortgages. Mortgages that existed prior to the Act are grandfathered, but if your client takes out a new mortgage, the lower limit may impact them.

Property Tax

The property tax deduction is greatly restricted. State and local tax deductions have been capped at only $10,000 per person or married couple, and this amount won’t be inflation-indexed. This impacts clients who have more than $10,000 in combined personal state income tax, real estate and sales taxes and reduces the amount of itemized deductions that the taxpayer would have had towards exceeding the new high standard deduction, thus further restricting the number of taxpayers who can itemize deductions. Some wealthy property owners may set up special trusts and place income-producing items into the trusts with real estate to allow for deducting $10,000 per trust per year for property taxes.

Itemized Deductions

Taxpayers can only deduct certain itemizable deductions if the sum thereof exceeds the “standard deduction,” which is $12,000 for a single person and $24,000 for a married couple filing their income tax return jointly. The itemized deductions include charitable donations, interest/expense real estate subject to the above caps, state and local income taxes also as limited above and medical expenses exceeding a specified percentage of the taxpayer’s adjusted gross income. Some taxpayers will “bunch” deductions by making charitable donations and paying discretionary medical expenses and, to the extent feasible, real estate taxes every few years to exceed the standard deduction amount every other year. For example, your client might push 2018 deductions off to 2019 and in 2019, accelerate 2020 deductions by prepaying them if permissible. 

Even if your client had, say, $10,000 in property tax, $10,000 in mortgage interest deductions and $2,000 in charitable deductions in a married filing joint situation, assuming no other deductions, your client is still going to have the standard deduction, which is $24,000 in 2018 for most married homeowners. Your client gets no incremental income tax benefit from all these expenses (including those for his home) as would have been the case under prior law, but your client might delay his charitable and real estate tax payments until 2019 and then pay $20,000 in real estate taxes, $10,000 in interest and $4,000 in charity to endeavor to qualify for a $34,000 deduction instead of $24,000 in that year.  

Casualty Loss

Casualty loss deductions have been greatly restricted or almost eliminated, unless the property is in a disaster zone declared by the federal government. Your client may want to consider reducing any deductibles on his homeowner casualty policy and increasing the maximum coverage to take into account that there may not be any tax benefits to help him in the event of a fire, flood or other catastrophic event. 

Moving Expenses

Moving expenses are no longer deductible with a limited exception for military personnel when certain requirements are met.

Economics May Offset Tax Benefit Losses

Overall, these are all significant negatives tax ramifications for home ownership. But with the low present October 2018 unemployment rates and a growing economy, increasing home values and a hot stock market, many Americans may nonetheless be bullish on home ownership. This may change fast when the next recession happens, and at that time, more people will rent instead of owning because of the tax situation. This may more  often be a lifestyle decision than a tax decision, but the average taxpayer will be able to afford less home than before because of the tax savings elimination. 

Vacation Homes

Vacation homes are also negatively affected by all the Tax Act changes. So, there’s certainly a greater out-of-pocket cost to having a vacation home.  

Home Office Deductions

More homeowners will consider making sure that they qualify for the office deduction, which requires that the requirements of Internal Revenue Code Section 280A are met. There’s certainly a greater incentive for your client to have his home-based business to allow a pro-rata portion of what might be otherwise non-deductible tax, interest and other expenses become deductible. So, if 20 percent of your client’s home is used for your business, then 20 percent of the property taxes and other things may also be deductible.  

Time to Re-evaluate

It may be time to re-evaluate your client’s situation to determine their after-tax cost of home ownership and what they might do to improve their situation. This may mean renting instead of buying because your client’s landlord can afford to give him a low rent thanks to the tax deductions they’re receiving, converting a personal home to a rental, moving their business or part thereof into the home and possibly downsizing. Make sure that your client understands the economics of it before making a decision. Please remember that while the value of the median home in your client’s area may have grown by 3.5 percent a year on average, these statistics don’t take into account that your client’s home gets older every year and therefore may lose part of its value and that your client’s home will need a new roof, new air conditioning and other items that aren’t counted in statistical average appreciation figures. While many Americans think that their homes have been their best investments, buy and hold diversified stock and mutual fund investments have more than doubled the rate of return over the past 60 years, and stocks and mutual funds don’t need new roofs, or incur real estate taxes.

About the Authors

Martin M. Shenkman

www.shenkmanlaw.com

www.laweasy.com

Martin M. Shenkman, CPA, MBA, PFS, AEP (distinguished), JD, is an attorney in private practice in Fort Lee, New Jersey and New York City. His practice concentrates on estate and tax planning, planning for closely held businesses, estate administration.  


A widely quoted expert on tax matters, Mr. Shenkman is a regular source for numerous financial and business publications, including The Wall Street Journal, Fortune, Money, The New York Times, and others. He has appeared as a tax expert on numerous public and cable television shows including The Today Show, CNN, NBC Evening News, CNBC, MSNBC, CNN-FN, and others. He is a frequent guest on radio talk shows throughout the country and has a regular weekly radio show on Money Matters Financial Network.

Mr. Shenkman is a prolific author, having published 42 books and more than 1,000 articles.

Mr. Shenkman is an editorial board member of CCH (Wolter’s Kluwer) Co-Chair of Professional Advisory Board, CPA Journal, and the Matrimonial Strategist. He has previously served on the editorial board of many other tax, estate and real estate publications.

Mr. Shenkman has received numerous awards, including: The 1994 Probate and Property Excellence in Writing Award; The Alfred C. Clapp Award presented in 2007 by the New Jersey Bar Association and the Institute for Continuing Legal Education for excellence in continuing legal education; Worth Magazine’s Top 100 Attorneys (2008); CPA Magazine Top 50 IRS Tax Practitioners (April/May 2008); The “Editors Choice Award” in 2008 from Practical Estate Planning Magazine for his article “Estate Planning for Clients with Parkinson’s;”  The 2008 “The Best Articles Published by the ABA” award for his article “Integrating Religious Considerations into Estate and Real Estate Planning;” New Jersey Super Lawyers, (2010-16); 2012 recipient of the AICPA Sidney Kess Award for Excellence in Continuing Education for CPAs; 2013 Accredited Estate Planners (Distinguished) award from the National Association of Estate Planning Counsels; Financial Planning Magazine 2012 Pro-Bono Financial Planner of the Year for efforts on behalf of those living with chronic illness and disability;

Mr. Shenkman's book, Estate Planning for People with a Chronic Condition or Disability, was nominated for the 2009 Foreword Magazine Book of the Year Award. He was named the lead of Investment Adviser Magazine's “all-star lineup of tax experts” on its April 2013 cover. On June 2015, he delivered the Hess Memorial Lecture for the New York City Bar Association.

Mr. Shenkman is active in many charitable and community causes and organizations. He founded ChronicIllnessPlanning.org which educates professional advisers on planning for clients with chronic illness and disability and which has been the subject of more than a score of articles. He has written books for the Michael J. Fox Foundation for Parkinson’s Research, the National Multiple Sclerosis Society and the COPD Foundation. He has also presented more than 60 lectures around the country on this topic for professional organizations, charities and others. More than 50 of the articles he has published have addressed planning for those facing the challenges of chronic illness and disability. Additionally, he is a member of the American Brain Foundation Board, Strategic Planning Committee, and Investment Committee.

Mr. Shenkman received his Bachelor of Science degree from Wharton School, with a concentration in accounting and economics. He received a Masters degree in Business Administration from the University of Michigan, with a concentration in tax and finance. He received his law degree from Fordham University School of Law, and is admitted to the bar in New York, New Jersey and Washington, D.C. He is a Certified Public Accountant in New Jersey, Michigan and New York. He is a registered Investment Adviser in New York and New Jersey.

Alan S. Gassman

Attorney

http://gassmanlawassociates.com/attorney/alan-s-gassman/

Alan S. Gassman, J.D., LL.M. is a board certified estate planning and trust lawyer who practices in Clearwater, Florida.  He has an LL.M. in taxation from the University of Florida, and practices in the areas of trust and estate planning, taxation, wealth preservation, and the representation of physicians and medical practices.

Mr. Gassman speaks at many tax conferences, national programs and national and local webinars, including Bloomberg BNA Tax and Accounting, the Notre Dame Tax and Estate Planning Institute and at many other conferences and webinars.