Buying a Vacation Home? Part Deux

A vacation home is a nice thing to have. There are tax advantages and disadvantages to having one.

To begin with, if you obtain a mortgage to buy a vacation home, that interest is tax-deductible.  Note that an RV or Boat can qualify as a vacation home, provided it can be lived in (bathroom, bedroom, and kitchen) which may explain the popularity of small boats in the sub-30-foot range which have kitchens, baths, and bedrooms.

And does this sound like welfare for the upper middle class?  Well, yes it is.

If you sell your vacation home and make a profit, then that profit is taxable.  Unlike your primary residence, where if you live there 2 years out of the last 5, profits are largely tax-free (up to $250K single $500K jointly).  However, that illustrates a loophole in the law.  If you plan on selling a vacation home in the next two years, you might want to call it your principle residence for tax purposes for the next two years.  You would, however, have to establish residency in the State, however.

One area of injustice is that while a vacation home profits are taxable when you sell, any losses are not deductible.  This is a heads-I-win, tails-you-lose scenario for the IRS and is, in some ways, grossly unfair.

However, if your vacation home is a rental property - rented out for profit when you aren't there, it may be considered an "investment" property and thus any losses on the sale are deductible.  However any gains on the sale are also taxable as well.

So what do we glean from this?  Well, as I noted in my converting capital gains to ordinary income posting, if you can rent out your vacation home as an "investment" then you can depreciate it and deduct a depreciation allowance from your income taxes.  When you sell, you may have to pay that back as capital gains (25% for the depreciation part, 15% for the rest) or you may be able to deduct a loss, if there is one.

But of course, there is no free lunch.  You cannot use a vacation home as a rental AND as personal residence.  See this IRS publication for the complicated "Personal Use Rules".  There is a limit as to how long you can stay at a vacation home if you are going to claim it as a business asset.  Usually anything more than the greater of 14 days or 10% of the rent-able income for personal use renders the dwelling a personal residence.  I suppose you could pay yourself rent and declare a profit (and pay tax) on that rent.  Even then,  such an arrangement might be viewed as self-serving.

So renting your vacation home out part of the time might be a good idea for tax purposes - and offset some of your expenses.  Note that if the rental is 15 days or less per year, it is not reportable income - and this could be a good way of making a little extra money without the hassles and paperwork of an investment property.

But a vacation home is a personal property, generally, not an investment property, so losses on the sale are not deductible.  But for some reason, the IRS things profits on such a sale should be taxable.  For many people, it is not a difficult matter to "move" the vacation home for two years and declare this a personal residence and avoid the tax.  Most people, in fact, move from their primary home to retire to their vacation home, and thus it is never an issue.


From the H&R Block website:

Selling Your Second Home

If you sell your second home, the gain will be taxed as capital gain, long-term if you owned it for more than a year and short-term if you owned it 1 year or less. A loss on the sale can't be deducted. If the second home was rented for profit, gain generally is taxed as capital gain and a loss can be deducted. The part of the gain attributable to depreciation is taxed at a maximum rate of 25%. If you used the home for personal purposes and rented it, you have to treat the sale as part personal, part business.

If the second home was your main home for at least 2 years during the 5-year period ending on the date of sale, you can exclude up to $250,000 of the gain (up to $500,000 if Married Filing Jointly and you both used the home as your main home for the required period). You can't claim the exclusion if you sold another home within the 2-year period ending on the date of sale and claimed the exclusion for that sale.

If you don't meet the 2-year ownership or use requirement, you may claim the exclusion only if you sell the home because of a change in health, place of employment, or another "unforeseen circumstance." In this situation, the maximum exclusion will be reduced. You may not exclude any gain attributable to depreciation you claimed after May 6, 1997.

If you sell a second home and use it other than as a principal residence (nonqualified use) at any time after 2008, the gain eligible for the exclusion may be limited. For this purpose, nonqualified use does not include:

• Any nonqualified use before 2009.
• Any period during the 5-year period that is after the last period of use as a principal residence.
• A period of temporary absence of up to 2 years for reasons of health, employment and unforeseen circumstances.
• Any period (not to exceed 10 years) during which the taxpayer or spouse was serving on qualified official extended duty.

From the IRS "10 facts about Capital Gains and Losses" website:

10 Facts About Capital Gains and Losses

IRS Tax Tip 2010-35 Have you heard of capital gains and losses? If not, you may want to read up on them because they might have an impact on your tax return. The IRS wants you to know these ten facts about gains and losses and how they could affect your tax situation. Almost everything you own and use for personal purposes, pleasure or investment is a capital asset. When you sell a capital asset, the difference between the amount you sell it for and your basis – which is usually what you paid for it – is a capital gain or a capital loss. You must report all capital gains. You may deduct capital losses only on investment property, not on property held for personal use. Capital gains and losses are classified as long-term or short-term, depending on how long you hold the property before you sell it. If you hold it more than one year, your capital gain or loss is long-term. If you hold it one year or less, your capital gain or loss is short-term. If you have long-term gains in excess of your long-term losses, you have a net capital gain to the extent your net long-term capital gain is more than your net short-term capital loss, if any. The tax rates that apply to net capital gain are generally lower than the tax rates that apply to other income. For 2009, the maximum capital gains rate for most people is15%. For lower-income individuals, the rate may be 0% on some or all of the net capital gain. Special types of net capital gain can be taxed at 25% or 28%. If your capital losses exceed your capital gains, the excess can be deducted on your tax return and used to reduce other income, such as wages, up to an annual limit of $3,000, or $1,500 if you are married filing separately. If your total net capital loss is more than the yearly limit on capital loss deductions, you can carry over the unused part to the next year and treat it as if you incurred it in that next year. Capital gains and losses are reported on Schedule D, Capital Gains and Losses, and then transferred to line 13of Form 1040. For more information about reporting capital gains and losses, see the Schedule D instructions, Publication 550, Investment Income and Expenses or Publication 17, Your Federal Income Tax. All forms and publications are available at IRS.gov or by calling 800-TAX-FORM (800-829-3676).

Use 401(k) or IRA to pay off your Mortgage?

With hefty balances in their 401(k)s but crappy rates of return, and high balances and interest rates on their mortgages, many folks are tempted to cash in their 401(k) plans to pay off their mortgages. It probably is not a very good idea, however.

As more and more households face financial stress these days, many people are looking at the balances in their 401(k) or IRA accounts and wondering whether instead of struggling with mortgage payments, they should use the 401(k) or IRA money instead to just "pay off" the mortgage.

Is this a good idea or not? Like anything else, it depends on the circumstances. But in general, it probably is a bad idea, mostly due to the tax consequences.

If you are over 59-1/2, you can withdraw money from your 401(k) or IRA account without penalty. So for someone near retirement or contemplating retirement (or laid off late in life), such a move might be tempting. After all, if you've been laid off at age 60, you might not have the income to pay the monthly mortgage. But you might have the money in your 401(k) or IRA to pay it all off in one lump sum.

And as an "investment", a home these days, while not appreciating significantly, isn't likely to drop too much lower in value. People will still need places to live, and any home has a minimum value, even as a rental property. As a "safe" investment, it beats bonds and money market funds (offering 0.5% or less these days) in terms of the mortgage interest saved (5.5% or more) or even appreciation.

And since there is no 10%+ tax penalty for an older person, at least they don't get dinged that way.

However, there are other consequences.

For example, since 401(k) and traditional IRA money is not taxed when you put it into your retirement account, it will be taxed when you withdraw it. If you take out $300,000 in one lump sum to pay off your mortgage, you will have a hefty Federal and State tax bill - perhaps $100,000 or more - as you will now be in the highest income bracket (38.5% or more). So to pay off a $300,000 mortgage, you'd have to withdraw $400,000 to $500,000 from your 401(k) account.

(Income from cashing in your 401(k) or a traditional IRA is taxed as ordinary income, not as capital gains, as it was never taxed as ordinary income when you put it in.   A Roth IRA, on the other hand, is taxed when you put the money in - and is generally tax-free when you take it out - so the result may be different for a Roth IRA.   This article does not address Roth IRAs.

For us younger folks, the consequences are more serious, as there will be a 10%+ penalty for early withdrawal tacked on top of that.

But many people are having this idea as of late (Google it and see) and it does illustrate the fallacy of our tax-incentive based system:

1. The average middle class person is encouraged to take on mortgage debt, because the debt is "tax deductible".
2. The average middle class person is also encouraged to contribute to a 401(k) or traditional IRA as the contribution is "tax deductible".
3. The 401(k) or traditional IRA is invested in a mutual fund, that in turn, invests in mortgage-back securities.
4. So the homeowner is basically borrowing from himself, and lending to himself, but paying other people as intermediaries in the transaction.
5. The mortgage-backed securities go bust, cutting the homeowner's 401(k) or IRA value in half.
6. Housing prices tank, leaving the homeowner "upside down" as he was encouraged to borrow against his home.
7. If the homeowner had put the 401(k) or IRA money against his mortgage, he'd at least own his home free and clear, instead of a bunch of worthless pieces of paper.
   

That is the problem with tax-based incentives, in a nutshell, and it does get one wondering why most of us spend our lives chasing after parts of the IRS code instead of doing what we want to do.  As I noted in my Should You Be Debt-Free? entry, using the tax code as an investment guide can be short-sighted.

Once you have invested money in your 401(k) or traditional IRA, it probably is too late to take it all out in one lump sum and pay off your mortgage - without devastating tax consequences. But the proposition does underscore the fallacy of using the IRS as your investment counselor. The overhead and transaction fees, not to mention the risk, in "loaning money to yourself" is rather high, as many of us are finding out, the hard way.

We put money in our 401(k) or traditional IRA and give it to financial institutions. We then borrow money from those same financial institutions in the form of mortgages. We thus put our lives at the mercy of bankers - and thus depend on the volatility of interest rates, property values, and stock prices.

Was this ever such a good idea? So long as stock prices continue to climb and interest rates stay low and housing prices are stable, it was a good model. When the whole thing reverses, however, we look on with envy at the guy who owns his own home, free and clear. Who's the Motley Fool now?

Some 401(k) mortgage plans allow you to borrow against the balance, provided you pay it back. The problem with this approach is twofold: First, the interest rate on such a loan is likely to be higher than on your existing mortgage. Second, the interest is not likely to be tax deductible, as it is not secured by the property. So as an alternative, I am not sure that is workable, either.

During the last election, President Obama discussed eliminating the 10% penalty in certain circumstances, to allow people to pay bills and save their homes. The proposition never came to pass, and it is not clear that it ever will, or that it could be used to allow you to pay off your mortgage. If such a proposal were passed, it would encourage people to cash in 401(k) money more freely, which would probably cause the markets to take a hit. So it likely will not pass.

Regardless of the political implications of the proposition, if you are considering such a move, it might be telling you something. If the monthly mortgage payment seems like too much dough, then perhaps you own too much house for your comfort and income level. Selling your home and moving to a smaller, cheaper place (or renting) might be a better move, in terms of cutting your cash flow requirements.

If you are over 59-1/2 and really want to do this, you should at least consider ways of reducing your tax burden. If you are laid off, for example, and are struggling to make the monthly mortgage payments, you might consider withdrawing from your 401(k) over a number of years, so that it does not put you in the next tax bracket and increase your tax burden.   Or at the very least, take out part in December and then the next part in January, so you can divide the amount over two tax years and hopefully put yourself in a lower marginal bracket.  Consult your tax adviser for more details.

But realistically, this may not work, as even a fairly small amount of money can put you in a high bracket, and if you stretch the payments out over, say, 10 years, then chances are, you are better off just making the regular mortgage payments. The net result is about the same. And hopefully, at this stage in life, you are at the point where the remaining mortgage payments are more principle than interest.

A better prospect might be to sell and move to a smaller home.  If you are stressed out over mortgage payments, that may be a sign you own too much home for your income bracket.   The advantages of this move are many.   First, you preserve your retirement account, so you have something to retire on.  Second, a smaller or cheaper home has lower taxes, insurance, and utility bills, so you cut your monthly overhead.   Third, if you have some equity in your existing home, you may be able to sell that home and buy a cheaper home and pay all-cash or take out a smaller mortgage.   Another option, of course, is to rent, and in many markets, the cost of renting a home is far less than the cost of owning - which makes no sense at all, but there you have it.

For younger people, the prospect of the increased taxes AND the 10% penalty make this an even worse proposition. Simply stated, there is no easy way to do this and not pay a staggering amount of taxes, at the highest possible rates.

And there lies the rub. The entire point of the 401(k) was to put money aside, tax-free, so you could take it out when you retired, at presumably a lower tax rate. Taking out a lump sum and paying a 10% penalty on top of that means that you are paying in at a lower tax rate and taking out at the highest. It reverses the whole point of the 401(k).

You would have been better off getting a 15 year mortgage back when you bought the house....

Note that for an investment property, it may be possible to use 401(k) money in a self-directed IRA to buy a property for investment. This cannot be a personal residence, however. I looked into this several years back, and talked with an adviser with an investment company that would manage the money in a manner consistent with IRS rules. The problem with this approach, at the time, was that it required that the purchase price of the property be equal to or less than the money in my 401(k) account (and I could not aggregate the money with my partner's). At the time, my 401(k) account wasn't large enough to make such a lump sum investment.

(Note that the link above suggests that you can "loan money to yourself" in a self-directed 401(k), but I am suspicious that this sounds literally too good to be true. They also suggest, that, contrary to the advice I was given, that you can borrow money to buy Real Estate, in addition to the money from the 401(k). Approach with caution!)

I suppose some clever fellow could figure out a way to form a sub-S corp, invest his 401(k) money in that, in a self-directed IRA, and then have the sub-S corp buy his house, which he would then rent back. This would avoid the tax problem, as you would not be "withdrawing" from your 401(k) but rather "investing" it. But I suspect such an approach would raise the ire of the IRS, as it would be too self-serving.

In addition, at retirement, you have to take out a certain percentage of your 401(k) and pay taxes on it every year. I am not sure how this could be done in such a scenario. I guess you could take out a percentage of stock from the Sub-S corp and transfer ownership to yourself and pay taxes on the valuation of the stock. That would at least allow you to space out your tax problems, but might instead cause a cash-flow problem (where do you get the cash to pay the taxes on the stock?). And of course, how you valuate the stock might piss off the IRS as well.

It is an interesting thought, though. Weirder things have been done and are now part of the code. The Starker Deferred Exchange, for example, would never have occurred, if a fellow named Starker hadn't forced the issue at one time...

UPDATED March 26, 2014.