From the category archives:

Real Estate Taxes

Clueless man who does not know about Massachusetts tax stamps

One of the things that I have realized over the years while representing Massachusetts home sellers is the fact that many are completely unaware that there is a tax to sell your home!

While it is true that if you live in Massachusetts you come to grips quickly that just about everything gets taxed, sometimes this tax law is forgotten about.

If you have never sold a Massachusetts home before you may also not even realize it exists. This tax on selling a home is known as the Massachusetts tax stamps. In most areas of Massachusetts the tax stamp equals $4.56 per thousand dollars of the sales price of the home.

So for example if you sell your home for $400,000, you would owe the State of Massachusetts $1824.00  ($4.56 x 400). The money paid for the tax stamps is income given to the appropriate registry and is forwarded on to the Commonwealth of Massachusetts Department of Revenue.

While most of my Real Estate sales are in Middlesex, Worcester and Norfolk Counties, it should be noted that in Barnstable County the tax rate is $5.70 per thousand so the cost involved with selling a property is slightly higher. The Dukes and Nantucket Counties also charge an additional 2% of the sales price that gets paid to the local land bank commission.

One of the things I always do with my clients is go over all the costs involved with selling their home or condominium. Nobody likes surprises especially when it will be coming out of their wallet! Besides a Real Estate commission which can vary but is more than likely going to fall between 4% to 6%, the Massachusetts transfer tax (stamp tax) is the largest expense a seller will have to be prepared for.

So what are all the expenses you can expect to have when selling a Massachusetts home?

Attorneys Fees. I am a firm believer that every seller should have legal representation. The expense of having a good lawyer representing your interests is cheap in comparison to dealing with the cost of problems that could crop up without representation. A Real Estate attorney in a home sale can do everything from the review of legal contracts such as the offer form or the standard Massachusetts purchase and sale agreement (P&S) to attending the closing either with you or as power of attorney.

Most buyers are going to have an attorney and they will make changes to the standard P&S. Realtors are prohibited from giving legal advice and should not be relied on to council you on this agreement. You will be putting yourself at risk without a complete understanding of the document. Legal representation can vary quite a bit depending on the scope of the work. As a ball park you can expect to pay anywhere from $300-$1500. Obviously you will be closer to the $300 on a standard purchase and sale review and closer to $1500 if you have a more complex transaction and the lawyer will be attending the closing for you.

Massachusetts Home selling expenses

Massachusetts Title V. The Massachusetts Title V is an expense every seller in Massachusetts has to pay if their property is not serviced by public sewer. It is a state law that a Title V must be completed upon the transfer of Real Estate. You can expect to pay around $800 dollars for a Title V inspection. The cost could become higher if the septic tank or distribution box are in an area that is hard to dig up.

This septic expense would also include the pumping fee. Most of the time the septic system will get pumped at the time of the Title V inspection. Remember that a Title V septic inspection is good for two years. The septic certification can also be extended a third year if you pump the system in all three years.

Smoke Detector and carbon monoxide detector certification. In Massachusetts you must have your smoke and carbon monoxide detectors inspected prior to closing. The inspections are done by the local fire department in the town you are located in. The charge for inspecting the smoke and carbon monoxide detectors is generally around $25-$100. You should be aware that there have been new regulations put in place surrounding Massachusetts smoke detector laws. These news laws could have an impact on the cost of selling your home if you need to install more or new detectors. I would suggest clicking the link to read further on the changes in the law.

Preparing a new deed. In Massachusetts it is the sellers responsibility to have a new deed prepared that gets recorded at the registry. The preparation of a new deed is usually $100-$150 and is done by the attorney representing you or possibly the banks lawyer if you do not have legal representation.

There will also be some small miscellaneous costs for mailing, filing fees etc that will be added to your HUD settlement statement at the closing. These fees include overnight mailing, courier services, wiring expenses, charges for processing mortgage discharges and recording fees for recording various documents at the Registry of Deeds.  The total of these miscellaneous expenses will usually amount to a few hundred dollars.

Real Estate surprises are never fun especially when they involve your money!

_________________________________________________________________

About the author: The above Real Estate information on Massachusetts Tax Stamps and other costs to sell a home was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

I service the following towns in Metrowest MA: Hopkinton, Milford, Upton, Southboro, Westboro, Ashland, Holliston, Mendon, Hopedale, Medway, Franklin, Framingham, Grafton, Northbridge, Shrewsbury, Northboro, Bellingham, Uxbridge, and Douglas.

{ 8 comments }

Tax Deductions For a Home Loan

When you are getting a mortgage to purchase a home, there are certain deductions that the IRS allows that are well worth remembering come tax time in April. The following is a list of  some of the deductions that many people forget about when buying a home:

POINTS

Points on a home loan are tax deductible if they are used to bring down the mortgage interest rate. For those that don’t know a point is 1% of the loan amount. On a $300,000 mortgage a point would equal $3000.00. You would only want to pay points on a loan if you knew your were going to be in the home for a while and the cost of such points would be less than taking a higher interest rate.

In order to understand if paying points makes sense you need to calculate the mortgage payment amount with and without points. By looking at the spread between those amounts you can determine how long you would need to be in the house before it would pay off for you. For a complete explanation see when to pay points on a mortgage.

Points or origination fees paid when you purchase a home are generally tax deductible in full in the year that you pay them. It should be noted that origination charges from the lender that constitute a “service fee” are not tax deductible.

Another alternative you could choose is to amortize the points over the term of your mortgage. This choice is usually made only when your itemized deductions are less than the standard deduction for the year you bought the home.

As a side note  when you refinance a loan the points must be deducted over the term of the loan. If you deduct points over the term of the loan and sell the home or refinance it again before the loan expires, you can deduct in the year of the sale or refinancing any points that you didn’t previously deduct.

PRO RATED MORTGAGE INTEREST

When you are buying a home, depending on when in the month the home sale closes, the buyers pay either a small or large amount of pro-rated mortgage interest for the particular month they close. Whether the amount is large or small, a home buyer can write that amount off. The Final Closing/Settlement Statement will show just how much the buyer is due.

PRO RATED REAL ESTATE TAXES

Often times a seller will send the local tax collector’s office a check for Real Estate taxes prior to the closing. In many circumstances, however, the buyer will pay a pro-rated portion of the taxes for the year at closing. This tax deduction is one that is forgotten quite often.

NEW HOME CONSTRUCTION LOAN INTEREST

As long as the construction period doesn’t last more than two years before you make the new home your “principal residence,” you can write off the interest for that new construction loan.                                                                                                                                                                                                              Tax deductions home loan

PRE-PAYMENT PENALTIES

Although it is rare that a home loan today will have a pre-payment penalties on a few rare occasions you will still find one. If your mortgage does include a pre-payment penalty and you pay off the loan early, these penalties are tax deductible.

MORTGAGE INSURANCE

If you got a mortgage in either 2007, 2008, 0r 2009 and got the loan through the Federal Housing Agency (FHA), Veterans Administration (VA) or the Rural Housing Agency (USDA loan) you may be able to deduct private mortgage insurance (as defined in section 2 of the Home Protection Act of 1998 as in effect Dec. 20, 2006). Prepaid mortgage insurance premiums usually must be deducted over the period to which they apply.

MORTGAGE INTEREST TAX DEDUCTION

One of the beauties of owning a home is the fact you can deduct the mortgage loan interest every year on your tax return. This is one of the best tax breaks afforded to homeowners.

Mortgage interest is tax deductible on mortgages  of up to 1 million dollars ($500,000 if married and you are filing separately) as long as you use the money to buy, build or improve on your property and the mortgage is secured by your home.

In addition, the interest you pay on loans secured by your home and used for a purpose other than to buy, build or improve your home is tax deductible for loans up to $100,000 ($50,000 Married Filing Separately). In other words if you used a home equity line of credit to purchase a car the interest on this 2nd mortgage would be tax deductible.

_________________________________________________________________

About the author: The above Real Estate information on Tax deductions when buying a home was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

I service the following towns in Metrowest MA: Hopkinton, Milford, Southboro, Westboro, Ashland, Holliston, Mendon, Hopedale, Medway, Franklin, Framingham, Upton, Grafton, Northbridge, Shrewsbury, Northboro, Bellingham, Uxbridge, and Douglas.

{ 20 comments }

Cutting Massachusetts taxes for seniors

One of the things that Massachusetts seniors face in many of the destination towns where schools are top notch is the growing burden of higher taxes. There is almost always a correlation between a towns popularity and the market value of the homes.

When you look at why property values are higher in one town over another   it usually boils down primarily to two factors; the location and the school systems rating. With great schools come a larger tax burden.

Even though Real Estate values have come down drastically in many Metrowest Massachusetts towns over the last five years it does not mean that the Real Estate taxes have as well.

One of the common lines of thinking that occurs when Real Estate values are heading downward is that a home owners tax bill must also be coming down too. Part of this misconception occurs because people assume that the fair market value and assessed value are the same.

In theory this should be the case but assessed values are nothing more than a yard stick for a municipality to collect an appropriate amount of taxes to sufficiently cover the state and local appropriations chargeable to the city and town. Towns adjust the tax rate and a properties assessed value to achieve this goal. For a complete explanation see Assessed value v.s fair market value.

For many seniors on a fixed income this can become a tough financial burden to deal with.

Given the fact we are located in a state known as “Taxachusetts” it is hard to believe there are actually tax programs in place to save you money.

There are a few programs worth discussion including: clause 41c for elderly residents, clause 17d which is an exemption for seniors, surviving spouses, and minors, clause 22 covering veterans, clause 37a which covers the blind and two others know as the Circuit Breaker and the standard tax deferral.

Below is an explanation of each one of these exemptions:

Senior citizen tax credit

Clause 41CClause 41c is for elderly residents. Residents who are 65 years old by July 1 may qualify for a $1000 dollar tax credit. The income requirements for this program if single are $23,718 per year and assets not in excess of $40,000. If you are married the income requirement is less than $35,578 and assets not is excess of $55,000. The other requirement with 41c is that you have to be living in Massachusetts for the last ten years and owning/occupying property for the last five.

Clause 17DClause 17d is an exemption in the amount of $208.39. In order to qualify for 17d a senior must be 70 years old by July 1 and surviving spouses must be a widow or widower by July 1. For a minor to qualify for this program they must have a deceased parent and own the property. In all of these circumstances the total worth may not exceed $40,000 excluding assessed home value.

Clause 22 – There are various exemptions for veterans and their spouses ranging from $400-$1000. In order to qualify you must have certification of a war related disability and also not have been dishonorably discharged.

Clause 37A – Clause 37a applies to those who are legally blind as of July 1. The tax credit is $500. In order to qualify you must also be registered with The Massachusetts Commission for the blind.

Tax Deferral- Residents 65 years or older can defer all or a portion of their taxes at a rate of 5% interest. In order to qualify residents must have lived in MASS for the past ten years and owned/occupied their home for the last five years. Gross annual income must not exceed $40,000. This a a program that not many people are aware of. In my home town of Hopkinton MA the town places when the deferral is approved and payment is made upon the sale of the home.

The Circuit Breaker – This exemption is available to residents age 65 and over whose property taxes exceed 10% of their income. This figure includes water and sewer bills.

What are the requirements?

  • Own or rent residential property in Massachusetts and occupy the property as primary residence.
  • Have an annual income of $51,000 or less for a single filer; $64,000 or less for a head of household; or $77,000 or less for joint filers.

Who is not eligible for the Circuit Breaker Credit?

  • Married persons who do not file jointly for this credit.
  • Those who are a dependent of another tax filer.
  • Those who receive federal or state rent subsidy directly; or those who live in a property-tax exempt facility.
  • Those whose property is assessed at a value of $788,000 or more.

These are great programs that many seniors in the Metrowest Massachusetts area could be taking advantage of.  I suspect that if more people knew about these tax programs they would be filing for them. These tax programs are not well publicized so I am hoping to spread the word in order to help a few senior citizens save some money.

It would be great if there were other programs such as these that more people in Metrowest Massachusetts could take advantage of. The cost of living here is high and there are others besides seniors who could use the help.

The information contained here is believed to be accurate, however every person’s individual tax situation may be different, therefore before acting on the information contained herein, I would urge you to consult a qualified tax accountant or attorney.

_________________________________________________________________

About the author: The above Real Estate information on Massachusetts property tax relief was provided by Bill Gassett, a Nationally recognized leader in his field. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-435-5356. Bill has helped people move in and out of many Metrowest towns for the last 24+ Years.

Thinking of selling your home? I have a passion for Real Estate and love to share my marketing expertise!

I service the following towns in Metrowest MA: Hopkinton, Milford, Upton, Southboro, Westboro, Ashland, Holliston, Mendon, Hopedale, Medway, Franklin, Framingham, Grafton, Northbridge, Shrewsbury, Northboro, Bellingham, Uxbridge, and Douglas.

{ 10 comments }