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Author
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Topic: Selling and Tax Consequences ?
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DougKaya TUG MemberPosts: 1332 From: Concord, CA Kauai-Marriott Marriott-Marbella Mount Amanzi Registered: Dec 2000
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posted 06-01-2005 12:35
For all of us, there will come a day when "traveling" is no longer an option  So.... when we sell our timeshare (at a loss) can we deduct the lost on our tax return. Since I'm almost sure we'd have to declare a profit should we sell for a gain... I feel we should be able to declare a loss. Is my reasoning "ka-ka" ??? IP: Logged |
BocaBum99 TUG MemberPosts: 1599 From: Registered: Jul 2004
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posted 06-01-2005 14:59
Yes.IP: Logged |
wfillion TUG MemberPosts: 32 From: Stafford Springs, CT, USA Registered: Aug 2001
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posted 06-01-2005 15:15
If you sell for a profit (miracle of miracles) you pay capital gains, sell at a loss your screwed. Unless maybe you can convince the IRS you bought as an investment. Only property rented for 15 days or more is normally eligible for capital loss. Second homes and alike rented fewer can not claim loss.IP: Logged |
Dave M Administrator TUG MemberPosts: 6823 From: Boston, MA Registered: Dec 2000
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posted 06-01-2005 15:18
Generally, no taxable loss. See this past thread - http://www.tug1.net/tugbbs1/Forum1/HTML/007660.html IP: Logged |
Dave M Administrator TUG MemberPosts: 6823 From: Boston, MA Registered: Dec 2000
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posted 06-01-2005 15:25
What wfillion says with respect to the 15-day rule is generally not true. I believe he is presuming that the "vacation home" tax rules would apply to treat the timeshare as a personal asset. In fact, as discussed starting with my first post of 11-20-2004 in this linked thread, timeshares generally will not be treated as vacation home properties. IP: Logged |
DougKaya TUG MemberPosts: 1332 From: Concord, CA Kauai-Marriott Marriott-Marbella Mount Amanzi Registered: Dec 2000
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posted 06-01-2005 21:48
Thanks to all who responded !What, pray tell, would be tax consequences if I donated same to a non-profit charity ??? IP: Logged |
Dave M Administrator TUG MemberPosts: 6823 From: Boston, MA Registered: Dec 2000
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posted 06-02-2005 05:38
You can get some answers to the donation question in the tax article from the Advice section.However, keep in mind that the tax deduction for making a donation would be equal to fair market value. Fair market value in your hands is the amount that you could sell it for to a willing buyer. That means the resale value, not an inflated developer sales price. Thus, assuming an honest approach, selling should mean more in your pocket than donating. By way of example, assume you can sell a timeshare for $4,000 and that you are in the top (35%) federal tax bracket. If you sell, you'll have $4,000, perhaps reduced by selling costs of, let's say, $500, for a net of $3,500. If you donate, you'll save $1,400 (35% X $4,000). If the donor's state of residence allows charitable donation tax deductions, that could alter the results, but not by much. Normally, I would say that $3,500 in my pocket is worth more than $1,400 any day. However, charitable motives might offset that and make the donation personally rewarding. Also note that if you claim a charitable donation deduction of more than $5,000 in connection with the donation, you'll need to get a formal appraisal that meets IRS guidelines. Getting a qualified appraisal can cost a fair amount. IP: Logged |
bogey21 TUG MemberPosts: 1212 From: fort worth, texas usa Registered: Sep 2001
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posted 06-02-2005 10:59
quote: Originally posted by Dave M: ...assuming an honest approach, selling should mean more in your pocket than donating.
I generally agree. I think the exception is where you purchased the Week cheap, say for something like $1,500 2 or 3 years ago and it looks like it might sell for around $500. Personally, I would donate it to charity; use $1,500 as my deduction; save the selling costs; and have less hassle. Number One, I doubt that the IRS would even look at the deduction and Number Two, if they did, I doubt that they would challange the valuation. But then I'm no tax accountant either. The place where this works best is where the selling costs and the selling price are pretty close. [This message has been edited by bogey21 (edited 06-02-2005).] IP: Logged |
Dave M Administrator TUG MemberPosts: 6823 From: Boston, MA Registered: Dec 2000
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posted 06-02-2005 12:51
That's not an exception, that's the dishonest approach. What someone paid for a timeshare some time ago has no bearing, under the tax laws, on the allowable deduction. Thus, in your example, if you claimed a tax deduction for $1,500, knowing that the likely selling price is $500, you would be cheating. As Steve Nelson asked yesterday, how much money does it take for someone to "dangle in front of you and get you to act out a lie in exchange for the money?" IP: Logged |
DougKaya TUG MemberPosts: 1332 From: Concord, CA Kauai-Marriott Marriott-Marbella Mount Amanzi Registered: Dec 2000
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posted 06-02-2005 16:16
quote: Originally posted by Dave M: You can get some answers to the donation question in the tax article from the Advice section...... However, keep in mind that the tax deduction for making a donation would be equal to fair market value...........
Thanks Dave M ! Very concise answer  IP: Logged |
bogey21 TUG MemberPosts: 1212 From: fort worth, texas usa Registered: Sep 2001
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posted 06-02-2005 22:58
Dave - I think your choice of words (Dishonest/Cheating)is a little harsh. One reason I think so is that when you are dealing with low priced timeshares substantially similar weeks might sell for $500 one day and $1,500 a week later. Or one might sell for $500 on Ebay and $1,500 in a private transaction. Generally (not always, I admit) weeks that originally sold for say $10,000 purchased 2 or 3 years ago for $1,500 probably remain worth close to the $1,500 all things being equal. Actually the above was not really my point which I obviously didn't state very well. What I was trying to say is that the tax recoupment from donating low priced weeks to charity may well approach the proceeds from a sale when you take into account (1) the time value of money; (2) selling costs; and (3) possibly laying out another MF which actually may equal 33%, 50% or maybe even 100% of the value of the week. I think I know something about cheap weeks. I currently own six of them purchased for a total cost of just under $6,000. I use 5 of them and trade the other. They are in nice shape and have location (3 are beach front). Truth is if there is cheating involved, I'm probaly cheating myself using my cost (which I have done 4 times) when donating an unwanted low cost week to charity. IP: Logged |
Brett5 TUG MemberPosts: 22 From: Newport News Va. Registered: Jan 2005
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posted 06-03-2005 11:14
it may be a question of semantics or could be that DaveM knows that you could once donate a car to charity and use your best estimate of "Fair market value" for that clunker which (not surprisingly) tended to be on the high side. Congress eventually changed the rules so that the contribution for a car was is only what the charity sells it for, not an inflated estimate by the owner!IP: Logged |
camachinist TUG MemberPosts: 1618 From: Kerman, CA Registered: Feb 2004
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posted 06-03-2005 21:20
As my dad used to say "A businessman's job is to bend the rules, and it's his accountant's and lawyer's job to keep him out of jail and clean up the mess". Dad was a CPA. When I listen to Dave, I hear a lot of dear old dad  IMO, if one is going to get creative with the tax code, there are many less obvious ways to do it. Unless one is talking big bucks, personally, I don't think it's worth the risk. I've seen business colleagues die fighting big brother over taxes. Money is a cruel master. Pat IP: Logged |