Irvine Real Estate Blogger

What is SB 401 and How Will Its Passing Change What CA Sellers Pay?

It is fitting that a discussion of debt relief should take place on April 15th–the date for filing ones Federal and State income taxes. Good grief, we all can use tax relief!

Well, on Monday, Governor Schwarzenegger signed SB 401 (Wolk) into law providing distressed homeowners with state tax exemption on debt forgiven in a short sale, foreclosure, or loan modification. So what does this new bill mean in plain English, and how can you, Mr./Ms. Seller take advantage of this new debt relief?

California State Tax Law is now Aligned with the Federal Tax Law

Bear in mind, that California homeowners generally were exempt from owing federal taxes on the forgiven mortgage debt, but still were required to pay California taxes on the so-called “phantom income.” For debt forgiven on a loan secured by a “qualified principal residence,” borrowers now will be exempt from both federal and state income tax consequences.

What is a Qualified Principal Residence?

“Qualified principal residence indebtedness is defined as debt incurred in acquiring, constructing, or substantially improving a principal residence, including both first and second mortgages. It also includes refinance loans to the extent the funds were used to payoff a previous loan that would have qualified under these guidelines”

What Do I Do If I’ve Already Filed My 2009 Tax Returns?

If you’ve already filed your 2009 tax returns –and if you haven’t, you have a few short hours in which to do so without penalty–(unless, you have filed for an extension),  you may amend your returns and claim the exemption by filing a Form 540X amendment. This tax relief applies to debts discharged from 2009 through 2012.

How Do I Know if I Qualify for California Tax Relief SB 401?

Taxpayers who do not qualify for the above exemptions (e.g., second home or rental property) still may be exempt from paying taxes on forgiven mortgage debt under other provisions. Most notably, bankrupt taxpayers are exempt from debt relief income tax. Also, taxpayers who are insolvent are exempt from debt relief income tax to the extent their current liabilities exceed current assets.

To read the full story, please click here: http://bit.ly/cR2hrS

Photo courtesy of Irvine Ranch Conservancy

Join in on a docent-led mountain bike ride through the Irvine Open Space Preserve. This is a moderate-paced mountain bike tour through the picturesque hills of Bommer and Shady Canyons with a combination of ranch roads and multiple intermediate level technical singletrack trails, and many steep climbs and descents. Over 2000 feet of accumulated climbing elevation is experienced on this route. Participants should be physically fit and possess above-average mountain biking skills. Mountain bike, helmet, and 32 oz. of water (minimum) required.

Please note, this is an intermediate ride. This ride features only a few, short rest stops, steep climbs and rocky descents. It requires above average fitness, and a mountain bike with a minimum of front suspension. If you are unsure of your abilities, please call first. There are beginner rides for those who are new to the sport which are offered as well.

For Irvine Ranch Conservancy and Irvine Open Space Preserve Programs, registration for weekday programs closes at 4 p.m. on the day prior to the event. Weekend program registration closes at 4 p.m. on the Friday prior to the event. For policies of other organizations, please contact them directly using the links on the home page.

Photo courtesy of the Irvine Ranch Conservancy

Take a break and get some fresh air!  Join in on a mid week hike through Quail Hill.

$8000 Federal Tax Rebate Updated

First-time home buyers and move-up buyers have another great reason to get off the fence, pre-approved and on the road to purchasing a home! The benefit to first-time homebuyers is a tax credit up to $8,000 and for move-up buyers a tax credit up to $6,500. But this opportunity ends in April.

• Between November 7, 2009 and April 30, 2010, homebuyers that have a signed binding contract to purchase a home may be eligible for the tax credit. The transaction must close no more than 60 days after April 30, 2010.
• First-time homebuyers may receive a credit of 10 percent of the purchase price, up to the $8,000 tax credit amount. If you have never owned a home before or have not owned a principal residence in the last three years, you are considered a first-time homebuyer.
• For home-owners, a tax credit of $6,500 is available for homeowners who have lived in their current residence for at least five of the past eight years. Homebuyers can also receive a 10 percent credit up to $6,500 when they contract to purchase a home between now and April 30, 2010, provided they close no more than 60 days after this deadline.

The tax credit does not have to be repaid provided you live in the new home for a minimum of three years. Military families are exempt from this stipulation.

For an exhaustive and detailed Q & A by Sonia M. Younglove, Esq., see the latest California Association of Realtors extensive article on this subject.