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Lulu your Maui Realtor and Property Advisor

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Displaying blog entries 1-10 of 92

Any veterans out there that need financing? Military friendly

by Lulu your Maui Realtor and Property Advisor

I have a great connection here on Maui to assist Veterans in buying homes.   

 

Vets give up a lot of family life and other things we all take for granted.   Let me know if any vets are out there that would like to attend a free seminar on VA financing here on Maui in April

MAINTAINING YOUR REFRIGERATOR. compliments of AHS

by Lulu your Maui Realtor and Property Advisor
  • Clean the interior shelves, shell and gaskets every three months
  • Once a year, clean the coils on the back or underneath with a vacuum cleaner
  • 37degrees F is an ideal temperature for your refrigerator compartment and zero degrees F for the freezer
  • If the door gasket is sealing property, it should hold a dollar bill in place when closed

ARE YOU READY TO BUY A PROPERTY?

by Lulu your Maui Realtor and Property Advisor

The decision to purchase a home or investment property is a highly personal one, based on both tangible and intangible factors.

Beyond your personal situation, local market conditions, financing costs,   future expectations must also be evaluated.

The following list of quetions can help you decide if you are ready to move forward with a property purchase.  It will be my pleasure to assist you sort through these issues and prove essential local market perspectives.

 

PURCHASING CONSIDERATIONS

  • If you purchase a home or investment property, how long do you expect to live there or own there
  • What can you afford to pay each month for housing related ?

What are the total costs of home ownership?  These may include:

  • Mortgage payments (based on various interest rate and term assumptions)
  • Property taxes
  • Homeowner's insurance
  • Utilities
  • Maintenance costs
  • Any other special fees

Do you expect these housing related expenses to increase or decrease? (changes in interest rates may be a bigger factor than others)

What additional expenses are required to complete a purchase? (closing costs, moving expenses, etc)

How much will your home ownership costs decline after adjusting for interest expense deductions and property taxes (if applicable)?

Do you qualify for any special purchasing assistance programs?

What are your long term personal and financial goals with regard to housing and or investments?

TAX MATTERS IN HAWAII PART 2

by Lulu your Maui Realtor and Property Advisor

 

1. Why do businesses charge me (the customer) the tax?
Businesses are not actually charging you the tax. Instead, they are just showing you the amount which they have included in the total price in order to pay the general excise tax due on the transaction. For example, if your bill says $100 plus $4 tax for a total price of $104, it means that the total price is $104, of which $4 is included to pay the general excise tax due on the transaction.
When a business chooses to show an amount which is represented as general excise tax in this way, it is said
to be "visibly passing on the general excise tax to the customer".
 
2. Must businesses visibly pass on the general excise tax to their customers?
No. Businesses are not required to visibly pass on the general excise tax to their customers. In fact, the general excise tax law says nothing at all about how the business recovers this expense from the customer.
There are, however, certain circumstances in which the visible passing on of the general excise tax is prohibited. For example, if the price of goods or services is fixed by law, such as insurance commissions or towing charges, businesses cannot add on a tax component which would exceed the rate established by law. For further information on when the visible passing on of the general excise tax is prohibited, call the Department of Commerce and Consumer Affairs' Office of Consumer Protection at 587-3222.
Department of Taxation Tax Facts 96-1 
 
3. If a business does not visibly pass on the general excise tax to its customers, does it mean that there is no
tax?
No. Just because a business does not visibly pass on the general excise tax does not mean that there is no tax
on the transaction. Because businesses use part of the income derived from business transactions with customers to pay for their business expenses including taxes, the general excise tax is a component of the price customers are charged whether it is visibly passed on or not. As a result, while the tax law generally is silent with respect to a business' dealings with its customers, it specifically prohibits businesses which do not visibly pass on the general excise tax from claiming that the tax is not a part of the price. In other words, businesses which do not visibly pass on the general excise tax cannot claim that there is no tax included, or that no tax is charged. Businesses which violate this provision may be fined up to $50.
 
4. If businesses are not required to visibly pass on the general excise tax to their customers, why do they do
it?
Businesses have been visibly passing on the general excise tax to customers for decades. It did serve a purpose at one time. For income tax purposes, any general excise tax which was visibly passed on was treated as a sales tax which could be claimed as an itemized deduction. That income tax provision, however, was repealed for tax years beginning in 1987.
 
At the present time, only businesses which also are subject to the 7.25% Hawaii transient accommodations tax may derive a tax benefit from visibly passing on their general excise tax to their guests or tenants. These taxpayers may exclude the general excise tax visibly passed on to their guests or tenants from gross rental income subject to the transient accommodations tax.
 
5. Why do some businesses add nothing extra for tax, some add 4%, and some add 4.166%?
The reason depends first on whether the business chooses to visibly pass on the tax or not, and second, if visibly passed on, the extent to which the business chooses to recover the general excise tax expense incurred on the transaction through a specific charge to the customer.
IF the business does not add anything extra for tax, then the business has chosen not to visibly pass on its
general excise tax expense.
 
EXAMPLE 1 - Business X charges its customers $125; it does not visibly pass on its general
excise tax expense. The customer pays $125 to X, and X pays $5 (4% of $125) in general
excise tax to the State. Part of the remaining $120 (the $125 total price less the $5 tax paid)
will be used by X to pay its other expenses; the rest is X's profit.
IF the business adds 4% extra for tax, then the business has chosen to visibly pass on its general excise tax
expense, and to recover 4% of a base amount from customers to pay the general excise tax expense incurred on the transaction. The 4% recovered is part of the total price subject to the general excise tax.
 
EXAMPLE 2 - Business Y charges its customers a base amount of $125 and visibly passes
on an additional $5 (4% of $125) for a total price of $130 ($125 + $5). The customer pays
$130 to Y, and Y pays $5.20 (4% of $130) in general excise tax to the State. Part of the
remaining $124.80 (the $130 total price less the $5.20 tax paid) will be used by Y to pay its
other expenses; the rest is Y's profit.
IF the business adds 4.166% extra for tax, then the business has chosen to visibly pass on its general excise tax expense, and to recover 4.166% of a base amount from customers to pay the general excise tax expense incurred on the transaction.
 
EXAMPLE 3 - Business Z charges its customers a base amount of $125 and visibly passes
on an additional $5.21 (4.166% of $125) for a total price of $130.21 ($125 + $5.21). The
customer pays $130.21 to Z, and Z pays $5.21 (4% of $130.21) in general excise tax to the
State. Part of the remaining $125 (the $130.21 total price less the $5.21 tax paid) will be
used by Z to pay its other expenses; the rest is Z's profit.
In the three examples above, note that, although the amount of general excise tax paid to the State differed, the percentage due the State in general excise tax was the same (i.e., 4%).

TAX MATTERS IN HAWAII

by Lulu your Maui Realtor and Property Advisor

Did you know that Hawaii does not have a sales tax? It's true! What most people think is a sales tax actually is a gross receipts tax, Hawaii's general excise tax. This is more than just a case of different names for the same thing; general excise and sales taxes are two completely different types of taxes.


A sales tax is a tax imposed on consumers who purchase goods at retail. Sellers are required to charge and collect sales taxes from consumers, usually a percentage of the retail sales price of an item, and pay the sales tax collected to the state or locality imposing the tax on behalf of the consumer. If a seller fails to collect the sales tax from the buyer, then that seller must pay the tax out of his or her own pocket. The bottom line, however, is that a sales tax is a tax which is imposed on customers, and which retailers are required to collect for the state or locality.


The general excise tax, on the other hand, is a tax levied on gross income (i.e., total business income before any business expenses are deducted) derived from business activity in Hawaii. It is different from sales taxes in two major ways.


First, the general excise tax is imposed on the business instead of on the customer. Rather than merely acting as tax collectors, businesses are themselves taxed on their income. The general excise tax, therefore, is considered to be an expense which businesses incur in the normal course of doing business in Hawaii, along with other expenses such as labor costs, utility bills, supplies, cost of inventory, and the like.


Second, the general excise tax is levied on gross income from almost all types of business activities. These include sales of tangible personal property at both wholesale and retail, services, contracting, commissions, interest, lease or rental activities, and more. The general excise tax rate varies depending on the business activity; it is 0.15% on insurance commissions, 0.5% on certain activities such as wholesaling, and 4% on most activities at the consumer level. The 0.5% and 4% rates are the same rates imposed by the Hawaii use tax. As discussed in Tax Facts No. 95-1,
the use tax is levied on the landed value of tangible personal property imported into Hawaii, and complements the general excise tax by requiring persons importing goods from outside Hawaii to pay the same rate of tax that an in-State seller would have paid in general excise tax had those goods been purchased in Hawaii.

Where to eat in Kihei when visiting Maui in Hawaii (or if you live here)

by Lulu your Maui Realtor and Property Advisor

Just had a delicious dinner at Big Wave Cafe in Kihei.  The staff are very helpful and friendly and treat one like family (in a good way).   I always enjoy my time with them.  It would be a good idea to try it out some time.

1031 Exchange info - note the timeline here

by Lulu your Maui Realtor and Property Advisor

Did You Start a 1031 Exchange Between October 20 and December 31, 2011?

In a 1031 exchange, the taxpayer must acquire all replacement property by the earlier of the date that is 180 days from the date the relinquished property closes, or the date the taxpayer’s federal income tax return is due, including extensions.  This means that for exchanges where the relinquished property closes late in the year, the calendar-year taxpayer may need to get an extension of the tax filing deadline in order to benefit from the full 180-day exchange period.

For example, if the taxpayer is an individual who closes the sale of his relinquished property on December 1, 2011 and he does not get an extension, he will only have until April 17, 2012 to acquire all replacement properties.  If he gets an extension, however, he will have until May 30, 2012 to acquire all replacement properties.  For corporations on a calendar-year tax basis that close their sale late in the year and do not apply for an extension, they will only have until March 15, 2012 to complete their exchange.  Even though the granting of the extension is “automatic” remember that you must still file with the IRS to claim it.  (Form 4868 for individuals)

Once a tax return is filed, it cannot be amended to include the exchange or to obtain an extension of time to complete the exchange. If the exchange is incomplete, the sale will need to be reported as a taxable event.

 

compliments of Anthony Alosi

First American Exchange

3.8% Medicare Tax!!

by Lulu your Maui Realtor and Property Advisor

A Newsletter For 1031 Tax-Deferred Exchanges

compliments of Anthony Alosi of First American.

Demystifying the New 3.8% “Medicare” Tax

On January 1, 2013, a new 3.8% federal tax on some, but not all, investment income will go into effect. The tax is sometimes called a “Medicare Tax” because the proceeds of the tax are earmarked for the Medicare Trust Fund.  This tax has the potential to increase taxes for owners who sell their primary residence and investors who sell investment property, so it is important for all owners of real estate and their advisors to have a basic understanding of how the tax will work.

 

The new tax is an additional 3.8% tax on “unearned income” which is generally defined as interest, dividends, rents and capital gains.  The tax is only imposed to the extent the taxpayer’s adjusted gross income (AGI) is higher than $200,000 for an individual or $250,000 for a married couple. 

For example, assume that in 2013 you sell investment real estate for $1.2 million and you have a gain (including depreciation recapture and appreciation) of $670,000.  Your wages are $315,000 and your AGI (in this case, your wages plus the gain from the sale of the real estate asset) is $985,000. 

The tax is computed on the lesser of:

  1. The total gain from the investment or
  2. The excess of your AGI over $200,000 (assuming you are filing as a single person). 

Please note that for purposes of this article, this example is simplified and your situation may be more complicated.  

A. Total gain from the sale of real estate:   $670,000

B.  AGI: 
    

Wage income

$315,000

Gain from investments

$670,000

AGI       

$985,000


C.  Excess of AGI over $200,000:  $785,000

 

D.  Taxable amount is lesser of (A) $670,000 or (C) $785,000.

E.  Tax is $25,460, which is computed by multiplying $670,000 by 3.8%.

Please also note that:

  • The 3.8% tax is in addition to capital gains tax that may be imposed; 
  • Taxpayers with an adjusted gross income lower than the threshold of $200,000 ($250,000 for married couples) will not have to pay the additional tax; and
  • Although no regulations have been issued yet, you should be able to defer paying this tax by doing a 1031 exchange.  The tax is imposed on “net investment income” which the statute says includes net gain, to the extent taken into account in computing taxable income.  Since gain deferred in an exchange is not included in taxable income, such gain should not be subject to the 3.8% tax. 

The example used in this article was taken from a recent publication by the National Association of REALTORS® (in slightly modified form).  The full publication including other examples can be found on NAR’s website at www.realtor.org/healthreform.  

Investors and owners of real estate should consult with their advisors to determine whether this tax may affect them.  This article does not cover every instance where the tax may be due and First American Exchange cannot give tax or legal advice. 

If you are selling your property and would like to set up a tax-deferred exchange, please contact First American Exchange Company.  

WHAT IS HARPTA??

by Lulu your Maui Realtor and Property Advisor

HARPTA is an acronym for the Hawaii Real Property Tax Law - it is not a tax.  Harpta was enacted to provide a means for the state to collect capital gains taxes from absentee owners.  Harpta is very similar to laws passed by several other states as well as to a federal law (FIRPTA) that applies to Non-US citizens that sell real estate in Hawaii. 

Some absentee owners may be exempt from HARPTA. Speak to your finance person for full information on this withholding at time of sale.

If the collected amount is too high how do you obtain a refund?  The owner files a form N-288C after closing. Escrow will normally assist Sellers with this.

HARPTA has the buyer responsible for paying the withholding if appropriate documentation is not provided by the seller. Therefore, escrow will automatically withhold 5% of the sales price unless the seller documents that no such withholding is required.

Foreign Buyers scooping up US homes II

by Lulu your Maui Realtor and Property Advisor

In places like South Florida, international buyers already account for a whopping 25% of the market. California, Texas and Arizona also attract many foreign buyers, as do Hawaii and New York..........................

Overwhelmingly international buyers pay cash................Indeed, the Senate bill would require buyers to pay cash for the home to qualify for the new "homeowner" VISA. They would also need to pay US taxes and spend at least 180 days a year in the county. they cannot work here or take out home equity loans against the properties.  In return, they would get to live here for at least three years...................................

 

 

Interesting concept.

Call me at 808-283-3783for information or email me

 

 

 

Displaying blog entries 1-10 of 92

Contact Information

Photo of Lulu Williams  R(B) Real Estate
Lulu Williams R(B)
Coldwell Banker Island Properties
34 Wailea Gateway Plaza Ste A207(office)
Kihei/Wailea HI 96753
808-283-3783
Fax: 808-891-8228

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