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NOVEMBER, 2010
Volume 2

This issue contains the following articles: 

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Reverse Mortgages: 

Easy to get, but worth the price?

 

Every so often, the topic du jour for financial planning is in the reverse mortgage, especially when interest rates are low and older people find themselves in need of easily attainable sources of cash.

 

Reverse mortgages - also known as lifetime mortgages - are completely legitimate; however, seniors and the family members who look after them must understand the tax and estate planning consequences associated with them.  There are also below-board companies that prey on seniors, so learning more about these types of loans is very important.

 

Anyone who is well beyond the average Boomer age probably stayed in one home and opted for a 30-year mortgage.  By now, it's likely that the mortgage is paid in full.  With the recession's long-lasting, detrimental effect on pensions and retirement funds, some older adults might find themselves short of funds that they need for life's necessities, such as medical care, home repairs and, in some cases groceries.

 

The idea of a reverse mortgage might seem desperate, but the allure of securing a loan based on a home's equity rather than some other kind of collateral with single or lump-sum payments may be just too irresistible.  After all, repaying the loan is deferred until the owner dies, the home is sold or the owner leaves.

 

Reverse Mortgage Basics

In a reverse mortgage, the homeowner makes no payments and interest is added to the lien on the property.  If the owner receives monthly payments or a bulk payment of the available equity percentage for their age, then the debt on the property increases each month.

 

Of course, there are some requirements and rules.  Borrowers must be at least 62 years old.  The money can be used for any purpose, but the borrower must pay off any existing mortgage with the proceeds from the reverse mortgage and, if needed, additional personal funds.

 

Some safeguards are in place to protect the uniformed.  For example, any borrower must seek third-party financial counseling from a source approved by the Department of Housing and Urban Development to ensure he or she understands all the consequences.  The current lending limit is $625,000, no matter how much the home is worth.

 

Reverse Mortgage Cautions

At first glance, reverse mortgages appear to be an easy way to attain a loan for money that seemingly is already the borrower's to have.  In an AARP survey of borrowers, 93 percent said that their reverse mortgage had a "mostly positive effect" on their lives, compared with 3 percent who said the effect was negative.

 

Even though the HUD counseling safeguard exists, it's not difficult to envision some older adults not paying attention to advice at a time of dire financial need.  Some borrowers might even suffer from dementia to confusion.  As a result, all caregivers must help guide their parents and senior friends to consider all alternatives for money sources.

 

You do the math; the longer the borrower has a reverse mortgage, the higher chance that any equity increase in the home will be spent before the loan comes due.  As a result, borrowers might want to seek out lenders who offer an FHA-insurance Home Equity Conversion Mortgage.  In an HECM, the borrower can never owe more than the value of the property and cannot pass on any debt from the reverse mortgage to heirs.

 

As always, it's best to check with your accountant to review all your options.

1099 Form

NewRuleRequireNew Rules Require Rental Property Owners to Issue 1099s


The Journal of Accountancy reports that the recently enacted Small Business Jobs Act contained one provision that may have escaped the notice of taxpayers who own rental property, but will affect them starting in January.  Under the provision, owners of property who receive rental income will be required to issue Forms 1099 to service providers for payments of $600 or more during the year.

The act subjects recipients of rental income from real estate to the same information-reporting requirements as taxpayers engaged in a trade or business.  Thus, rental income recipients making payments of $600 or more to a service provider in the course of earning rental income are required to provide an information return (typically, Form 1099-MISC, Miscellaneous Income) to the IRS and to the service provider.  This provision will apply to payments made after December 31, 2010, and will cover, for example, payments made to plumbers, painters or accountants in the course of earning the rental income.

While rental property owners will not actually issue the required 1099s until early 2012, they need to start keeping adequate records of payments starting January 1, 2011, so they will be prepared to issue correct 1099s.  They will also need to obtain the name, address and taxpayer identification number of the service provider, using Form W-9 or a similar form.

Exceptions
The law provides exceptions for individuals who can show that the requirement will create a hardship for them.  The IRS is directed to issue regulations on this, but has not done so yet, so there is currently no guidance on what constitutes sufficient hardship to qualify for the exception or how a taxpayer would demonstrate that hardship.

The law also contains an exception for individuals who receive rental income of "not more than a minimal amount."  Again, the IRS is directed to issue regulations to determine what constitutes "not more than a minimal amount" but has not done so yet.

If such guidance is not forthcoming before January 1, all individuals who receive rental income should start keeping records of payments to service providers so they are prepared to issue 1099s in 2012.  The law also contains an exception for members of the military or employees of the intelligence community if substantially all their rental income comes from renting their principal residence on a temporary basis.

Information Return Penalties
Taxpayers should also be aware that in addition to creating a new reporting requirement, the act increases the penalties for failure to file a correct information return.  The first-tier penalty increases from $15 to $30; the second-tier penalty increases from $30 to $60; and the third-tier penalty increases from $50 to $100.  For small business filers (with average annual gross receipts under $5 million), the calendar-year maximum increases from $25,000 to $75,000 for the first-tier penalty; from $50,000 to $200,000 for the second-tier penalty; and from $100,000 to $500,000 for the third-tier penalty.  The minimum penalty for each failure due to intentional disregard increases from $100 to $250.

The increased penalties apply to information returns required to be filed on or after January 1, 2011.

Expanded 1099 Reporting After 2011
Currently, payments to corporations are excepted from the 1099 information reporting requirements, but starting for payments after December 31, 2011, businesses (including, now, individuals who receive rental income) will be required to file an information return for all payments aggregating $600 or more in a calendar year to a single payee, including corporations (other than a payee that is a tax-exempt corporation).  This change was made by the Patient Protection and Affordable Care Act, which was enacted in March.  That act also expanded the information reporting requirements to include gross proceeds paid in consideration for property.



Please contact us if you would like additional information or would like to discuss any of the enclosed information in further detail.
 
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Burkhardt & Co.