The current law allows a seller to keep, tax free, gains up to 250,000 (or 500,000 for married couples filing jointly) on the sale of a primary residence if the seller has lived in it for 24 of the previous 60 months.

For investment homes - and those in which the owner did not live for at least two of the previous five years - the Internal Revenue Service assigns taxes according to the length of time it was owned before a sale. Profits from homes owned for one year or more are taxed as capital gains, at the current rate of 15 percent, plus sales taxes. Profits form homes owned less than one year are taxed the same as regular income, according to the bracket in which the seller falls, anywhere from 25 percent to 35 percent.

The savvier approach, Cain says is to move the proceeds of a home into another investment property of roughly equal value, a procedure known as a like-kind or 1031 exchange. IRS rules give investors 45 days from the time they sell a property to identify the exchange property and 180 days to make the exchange. Investor's can't receive any cash from the sale, so all money must be held by qualified intermediaries, such as a title company.

What home flippers hope to avoid is being labeled a "trader business" by the IRS. Those are investors whom the IRS identifies as making their living off the buying and selling of homes. In that case, flippers will not only have to pay the higher income tax rates, but they will also have to pay 15.3 percent in self-employment taxes.

Source: The Los Angeles Times, Todd Stein (4-23-06)

 Back