Condo Living's Blog

Get the tax credits you deserve for your vacation condo (part I of II)

Fri, 21 Mar 2008 02:03:09 GMT

With tax season upon us, individuals who own vacation condos must be certain they are able to claim every tax credit and/or deduction allowed them by law. The following is an excerpt from my book, Condo Living: A Guide to Buying, Owning & Selling a Condominium:

“There are specific limitations on the allowable business deductions available to a taxpayer who uses a vacation home for both personal and rental purposes. These limitations apply to individuals, S-corporations, partnerships, trusts and estates. The number of days that a vacation home is used for personal purposes, as compared to the number of days that the property is rented at fair value, determines the availability of tax deductions. As of the date of publication of this book, these rules may be summarized as follows:

Rule No 1: If the vacation condominium is used by the taxpayer for personal purposes for not more that fourteen (14) days during the taxable year, or for ten percent (10%) of days that it is rented at a fair price (if this is greater), then it is not considered the taxpayer’s “home.” In this case, tax deductions attributable to income derived from the rental of the property are not limited to gross income produced by the property.

Rule No 2: If the personal use of the vacation condominium exceeds the greater of : (a) fourteen (14) days; or (b) ten percent (10%) of the number of days during the taxable year that it is rented at a fair price, then it is considered the taxpayer’s “home.” In such cases, the tax deductions attributable to income derived from the rental of the property can not exceed the gross income generated by the property.

Rule No. 3: If the vacation condominium is the taxpayer’s “home,” and is rented fro fewer than fifteen (15) days during the tax year, any income derived from the rental during the tax year is not taxable, but the deductions attributable to income derived from the rental of the property are not allowed (the usual personal deductions for mortgage, interest and real estate taxes, however, may be taken).

Rule No. 4: If the vacation condominium is not the taxpayer’s “home,” as described under the vacation home rules, but the rental use is not an activity from which the taxpayer expects to make a profit, the taxpayer’s deductible rental expenses may not exceed his rental income, in the same manner as they are limited for a “home” under the vacation home rules. However, if the rental results in a profit during three (3) or more years during a period of five consecutive tax years, it is presumed by the IRS to be an activity engaged in “for profit.”

For more information on how to purchase Condo Living: A Guide to Buying, Owning, and Selling a Condominium, please visit www.meisner-law.com or call 800-470-4433.

Meisner's Maxim #2 "Behind every board member is a person(s) pulling a string"

Fri, 18 Jan 2008 02:52:49 GMT

This maxim is analogous to the notion that our politicians do not act for themselves, but are merely the servants of special interest groups. In the condominium context, the “special interest group” may be the spouse, live-in boy friend or mother of the board member, or perhaps his “fishing buddy” who lives across the street. Board members have friends, relatives, in-laws and business partners who live in or have a financial interest in the condominium. He or she wants to serve the needs of his “constituents” and, when his string is pulled, the board member reacts. It’s reality in the dynamics of condominium operation and, presumably, many other groups. (Robert Meisner. 2005. Condo Living: A Guide to Buying, Owner, and Selling a Condominium. Pg. 150. Momentum Books.)

Board members should react uniformily to every situation, but you may find that bylaw enforcement letters, and the like, are not being sent to "friends," while those same letters are being sent to others. Watch your condominium board carefully and see if I am not correct!

Meisner’s Maxim No. 1: “A decision of a condominium governing body is not equal to the sum of the individual opinions shared by its members.”

Wed, 09 Jan 2008 22:27:26 GMT

"Those that are well-versed in algebra will no doubt take me to task regarding Meisner’s Maxim No. 1, but I believe that it is true. Boards make decisions rather whimsically, and the group decision often is not a composite of the opinions of the individual board members. Chances are that if you polled the board on a decision that was made by the whole group, the individual opinions of board members would not add up to the decision made by the board.

"What I am suggesting is that board members make compromises, change their feelings, are intimidated and, in some cases, simply don't care about issues that come before them. They may have individual opinions but go along with either the 'group' or the lead of the member who usurps power and imposes his or her will on the rest of the board. This phenomenon often results in illogical and inane decisions by boards who have failed to think through the ramifications of their decisions. (Robert M. Meisner, Condo Living, 2005, p. 150, Momentum Books: Troy, MI.)

Please leave me a comment if you would like more information on how to purchase my book, Condo Living: A Guide to Buying, Owning, & Selling a Condominium.