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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1408
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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I didnt get the opportunity to printout your suggestions.

Resolved Question:

I didn't get the opportunity to printout your suggestions. Can you email it to me or direct me to how I can print it out.
Submitted: 5 years ago.
Category: Tax
Expert:  Jax Tax replied 5 years ago.

Jax Tax : What was the question concerning?

My brother and I purchasing a condo. We were just on.


I need the website you suggested for the taxes and for the personal

Jax Tax : Jax Tax : First, the $10k for first time homebuyer is for early withdrawal penalty exemptions. The full amount is still subject to personal income tax. The penalty is 10% in addition to the tax if you are under 59 1/2.Jax Tax : As for defferring the tax, there is no way by which to do so but you may be able to reduce your taxable income or structure the purchase in a new way.Jax Tax : I need to know for what purchase you are buying the condo. To live in or to rent? It is just one condo correct?Jax Tax : Also, as far as your earnings go. Are the two of you self employed or w2 employees.JACUSTOMER-855fts07- : The condo purchase will be our primary residence. My borther is retired on SS and Pension income and I am also retired with SS and small pension income and a real estate broker with commssion income. Together our income is over 100K annually.JACUSTOMER-855fts07- : It is also one condo.Jax Tax : Are you both over 59 1/2 years old.JACUSTOMER-855fts07- : YesJax Tax : So the primary residence $10k exclusion does not matter. There is no penalty anyway, but there is tax.JACUSTOMER-855fts07- : OK I understand. So I have to claim 30K on each of our returns to be taxes--bad news.Jax Tax : First, I reccomend pulling out half in 2011 then half in 2012 so that you do not bring your tax bracket up to the Max amount for 2011.Jax Tax : It will also lower the amount of social security that is subject to tax.Jax Tax : The other idea was a self.directed IRA but it will not work for a primary residence.Jax Tax : The only thing you can do is spread the withdrawal over Dec and Jan. Take a loom at your tax bracket based on filing status for 2011 and 2012 add all other income to determine what amounts to withdrawal to keep your self out of the higher tax bracket. This will save you thousands.Jax Tax : Here are the tax brackets. Tax : Take only enough in 2011 to keep yourself in the lower tax bracket then take the rest after Jan 1.JACUSTOMER-855fts07- : ok I will check it out.JACUSTOMER-855fts07- : Guess I was looking for a magic bullet. What if we were purchasing this condo as an investment to rent? Would that beJax Tax : You can make up to $6000 in contributions to a new IRA in 2011 (before April 2012 ) for a $6000 deduction and the same in 2012.Jax Tax : This will save you money but there will be tax.Jax Tax : There are a lot of what ifs, but as an investment, there is what is called a self directed IRA that can be used. Problem is the home is owned by the IRA, all rent goes to the IRA, and you cannot live there.JACUSTOMER-855fts07- : That will not work.Jax Tax : There is no magic bullet but spacing the IRA withdrawal will save you thousands.Jax Tax : Like you said, you only have 60 days to get the funds to replace the IRA. If your credit is good, possibly a private loan with will help.JACUSTOMER-855fts07- : After I compute the taxes for 2011 and 2012 can the taxes be paid by installment payments during the yearJACUSTOMER-855fts07- : I will check out too. I dont think personal loans will go that high but will check.JACUSTOMER-855fts07- : Is there anything else you can think ofJax Tax : The taxes should be paid out of the withdrawal. Paying the IRS will create more penalty and interest than it can possibly be worth.JACUSTOMER-855fts07- : I dont follow your last comment. The withdrawal is totally to pay the balance of the purchase.Jax Tax : But yes, you can if the debt stays under $25k. That means the tax would need to be less than $15k. Otherwise, you got a home subject to seizures by the IRS.JACUSTOMER-855fts07- : You are talking about paying estimated taxes under 25K can avoid penalty.Jax Tax : You need to withdrawal enough to purchase the home and cover the taxes. If the full amount is needed for the purchase, you are making a mistake. You are going to have a house free and clear and an IRS debt. The home will be at significant risk of IRS seizure if the debt goes over $25kJACUSTOMER-855fts07- : I do understand and will readjust my calculations.Jax Tax : You are going to be penalized if you don't pay all of the tax. I am saying that owing more than $25k (about $17k in tax as interest and penalty will bring you to $25k quick) will make seizure a likely threat.JACUSTOMER-855fts07- : Well, I will follow what you tell me. I have a tax program and will do the calculations for estimated tax based on your suggestions half IRA w/d 2011 and Jan2012.JACUSTOMER-855fts07- : Also to include the taxes on both.JACUSTOMER-855fts07- : I will consider depositing 6K too in an IRA before April 2012 and next year for each of us.JACUSTOMER-855fts07- : Do you have any other ideas?JACUSTOMER-855fts07- : JAX are you there?Feel free to comment after acceptance. Acceptance provides me credit for my response, and we can continue to communicate after acceptance. I will address any follow up questions if needed and within the scope of the original question.
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Expert:  Jax Tax replied 5 years ago.
I would copy paste it into a word doc then print.