PASSIVE ACTIVITY RULES REFRESHER

As we emerge from the pandemic, people want to know, what if I buy this property and turn it into an AirbNb. What are the tax effects. Short term rentals are rentals and thus the rent rules apply to the property including the passive loss rules.

If the property is considered a rental. Taxpayers are allowed to deduct up to $25,000 in losses each year if 1040 MAGI income is under $100,000. MAGI is computed as follows:
• Student loan Interest
• One-half of self-employment tax
• Qualified tuition expenses
• Tuition and fees deduction
• Passive loss or passive income
• IRA contributions
• Taxable social security payments
• The exclusion for income from U.S. savings bonds
• Foreign earned income exclusion
• Foreign housing exclusion or deduction
• The exclusion under 137 for adoption expenses
• Rental losses
• Any overall loss from a publicly traded partnership

After you go above $100,000 you lose $1 for every $2 above. Thus it phases out completely at $150,000. Also, if you use rental property more than 14 days (excluding work days) it reduces losses pro-rata, days used/total days used and rented. Still it shelters the income from rentals. And losses are indefinitely carried forward for when you sell the property.
For example: Assume: Couple with $200,000 MAGI and $5,000 of rental income.
Expenses:
Taxes $4,000
Insurance: $1,000
Interest on Mortgage (200k@5.75%) = $10,433
Rental fees: $500
Repairs: $1,000
Building value at purchase $200,000.
Improvements: $50,000
Land: $200,000
Depreciation allowable is: $9,090/year.
LLC annual fee $100.

The total expenses are: $25,733. $5,000 income is tax free, but the $20,733 of losses are suspended.

If you spend 750 hours per year on this (keeping a log) and other real estate ventures then you can become a professional. Then all losses are deductible annually.

Farm: For farming, losses are unlimited. Thus if a portion of the property is used for farming activities: orchards, cattle, sheep, pigs, then the value of that stand alone portion divided by the entire value of the property can sustain losses.
For example: Imagine a one hundred acre parcel. House on 1 acre, cattle and barns on other 99 acres. 99 acres are worth $198,000 and house and lot are worth $252,000. Thus 44% of each expense is allowable against farming income (not depreciation unless you have a separate farm building) = $5,123 using numbers above. Say then you have another $10,000 of vet expenses and feed and transport. So, you can take a $15,123 loss on the farming portion. But of course, then you sell the cows and that will reduce your farm loss.

Virginia’s Other New Taxes – hold on to your seats!

While we have been watching COVID numbers, the Virginia legislature has been implementing its version of the green new deal and healthy living deal.

Most taxes go into effect July 1, 2020 unless otherwise noted.

Gasoline Taxes:
This gets complicated. Statewide increase of 5¢/gallon. For those outside of Northern Virginia and Hampton Roads, you will join them in paying an additional 7.6 cents/gallon (7.7 for diesel). So the statewide gas tax is now 28.8 cents/gallon. On July 1, 2021 they go up another 5 cents per gallon. On the same date Diesel goes up another 6.8 cents/gallon. Starting on July 1, 2022, state gasoline and diesel tax increases will be index to the consumer price index.

Cigarettes/Tobacco:
The State really wants you to quit smoking. They are doubling the cigarette tax from $3/carton to $6/carton.
And it gets worse. Other tobacco alternatives such as pipe tobacco, snuff and chewing tobacco goes up to 20%. And Vaping products now have a 6.6 cents per milliliter tax.
Starting July 1, 2021, localities without a local cigarette tax may impose one and they can’t exceed $2/carton.

Meals:
Those with meals taxes (except if they had a referendum which failed in the last six years) can raise them from 4% to 6%.

Entertainment Taxes:
Counties may impose taxes on entertainment admissions (as if after COVID anyone goes to the movies).
Game of Skill machine has a license fee of $1,200 per machine to pay for COVID expenses (don’t bet on it ever going away).

Local Sales and Use Taxes:
The following localities are authorized to call referendums on increasing their sales and use taxes an additional 1% to pay for school projects. They are Henry, Charlotte, Halifax, Mecklenburg, Pittsylvania, Gloucester and Northampton counties, and the City of Danville.

Peer to Peer Vehicle Sharing:
Starting October 1, 2020, there will be a new tax for this. Sort of like renting out your own car to others.

Plastic Bags:
Beginning January 1, 2021 the dreaded plastic bag will incur a 5 cent tax for localities.

Electricity:
Electricity Generators will pay a carbon tax starting January 1, 2021, the amount will be set by auction. This will be passed along to consumers along with another tax from the state a usage tax to be set by the State Corporation Commission.

Transient Occupancy Taxes:
For those counties not charging them, will be authorized to do so starting May 1, 2021.

COVAD Stimulus Payments to Dead People

Some dead people are beginning to get stimulus checks/deposits. No this is not Mayor Dailey buying votes, it is actually legal. Under Section 2101 of the CARES Act, it allows for otherwise eligible payments to go to Estates or Trusts. Paragraph C defines “Eligibile Individuals” to include Estates and Trusts. So, if you get a check direct deposited into a dead persons’ account, it is perfectly legal and can be used by the Estate as long as other criteria (less than $75,000 of income in 2019, meets minimum income requirements).

Authors and C Corporations

The Tax Act of 2017, lowered corporate tax rates to 21%. The maximum personal tax rate is 35%. Depending on the state you live in, an author may be better off forming a C Corporation and taking reasonable salaries and later dividends and let profits grow inside of the C Corporation. Why? First the negative, money taken out of a C corporation as a dividend is taxed twice. So, if you pay a small salary and take out a dividend you pay double tax once at the corporate level and once when you take out the dividend. You also get to have retirement plans, health plans, health savings accounts. And if that isn’t enough, C Corporation profits invested in US Corporations receive a 50% exclusion for US Dividends. So, let’s do a what if:
What if you made $1 Million in book royalties in one year?
Corporation income $1,000,000.
Salary $275,000 to owner
Expenses for health insurance:
$25,000
Expenses for Retirement $30,750.
Expenses for Corporate Car: $30,000.
Rent from family member: $36,000
Taxable corporate income = $603,250.
Tax Federal: $126,682.
Individual: $66,000
FICA/Medicare = $21,070 combined.
Total tax hit: $213,572.

Individual comparison:
$1 Million income
Expenses for health insurance:
$25,000
Expenses for Retirement $30,750.
199A deduction $18,000
Taxable individual income: $926,250.
Tax: $267,075
Self-Employment Tax: $30,512.
Total Federal Tax: $297,587.

Savings: $84,015.

Year 2. Assume no new income:
$587,000 invested at 4% = $23,480
Taxable amount $11,740.
$275,000 salary;
Federal Taxable income: -$273,795
Loss carryback: 273,795
Refund: = $57,497.
Individual tax:
$66,000
FICA/Medicare $21,070 combined.
Net hit: $29,593.

As you can see for an author who has a large income in a given year, this process can be a great benefit.