Taxes -- Am I Missing Something?

Ok here's the senarios--

Lets say that I have a house that is worth 160k and the note is at 130k. If I sell the house at 160k I pay taxes on the 30k income.

Lets say that i have another house that is worth 160k and the note is at 130k. What if I take out a second loan for 30k, I am under the impression that I don't pay taxes on the loan until I sell the house (so the 30k is tax free/deferred). If I then sell the house for 160k making $0 profit how does uncle sam get his taxes (my money)? Is this some kind of loophole? It's a little obvious in my opinion.

Comments(3)

  • lp114th November, 2003

    the 30k is simply a loan. you dont pay taxes on a loan..when you sell the property you have realized a 30k profit which you'd have to pay taxes on..no loophole here..uncle sam will collect his share.

  • hibby7614th November, 2003

    I'm not a tax guru, but this is how I understand it.

    Your purchase price is your "basis"

    You're taxed on the difference between the Basis the sales price (minus the depreciation recapture)

  • DaveT14th November, 2003

    hibby76 is right on.

    Your taxable capital gain on the sale of a property is determined by your purchase price, your sale price, and your capital improvements. Your loan balance is irrelevant.

    Let's say you pay $150K for the property but only finance $130K of the purchase price. When you sell that property for $160K, your taxable capital gain is $10K -- the difference between your purchase price and your sale price. The maximum capital gains tax rate right now is only 15%

    If the property is a depreciable property, then the allowed depreciation over your holding period would also be recaptured at 25%.

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