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Tax planning considerations as 2013 nears

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By NANCY O. KUHN & STEVEN A. SIGSBURY

Circle Dec. 31, 2012 on your calendar. Not only is it New Year’s Eve, but it is also the last date that a multitude of current tax rates, credits and exemptions will be in effect, both at the state and federal levels. The question that should be on many people’s minds heading into this election season is: What action needs to be taken this year, and what can wait until later?

This article presents a short rundown of the various tax law changes that are slated to take effect as of Jan. 1, 2013, and suggests a few planning ideas that individual taxpayers may wish to consider in light of these changes.

Income taxes

Unless Congress and the president act, individual income tax rates are scheduled to rise in 2013. This includes rates on capital gains and qualified dividends. Higher income earners will also see the addition of a new 3.8 percent Medicare surtax, created by the Affordable Care Act.

So what should you do?Ā  Here are some ideas that may be helpful:

ā€¢ Convert Traditional IRAs to Roth IRAs, which will allow you to pay ordinary income tax on the converted amount using 2012 rates, and exclude future growth and distributions from additional income tax.

ā€¢ Plan to accelerate income this year, so that it will be taxed at the current income tax rates.Ā  Accelerating income this year will also prevent it from being subject to the 0.9 percent wage surtax.

ā€¢Ā Cash in appreciated stocks this year so that you can trigger recognition of capital gain at the favorable 15 percent rate and not subject the investment’s appreciation to the 3.8 percent Medicare surtax next year. (This income would be subject to the surtax only if the $200,000/250,000 taxing threshold is met.)

ā€¢Ā Consider incurring and deducting medical and dental expenses (including insurance premiums). The threshold to deduct medical and dental expenses for itemizers is scheduled to increase from 7.5 percent to 10 percent of adjusted gross income in 2013.

Higher income earners (approximately $200,000+) will again be subject to the phase-out of itemized deductions in 2013. The deductions for taxes, interest (except investment interest), charitable contributions, employee job expenses and “miscellaneous” itemized deductions (excluding gambling and casualty or theft losses), will be reduced. The thresholds to trigger the phase out have not been announced, but will be indexed for inflation based on the 2009 threshold of $166,800. If you may trigger this limitation in 2013, consider incurring 2013 expenses that you normally itemize in 2012, so that you may receive a full deduction for the expense.Ā  For example, give generously to your favorite charities in 2012 to maximize the value of the charitable deduction.

Transfer taxes

In addition to the long list of expiring income tax provisions, the current estate, gift, and generation-skipping transfer (“GST”) tax rates and exemptions are also scheduled to “roll back” to their 2001 levels. The exact figures will be tied to inflation, based on levels prior to the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001, also known as the “Bush Tax Cuts.”

The practical effect of this roll back is staggering. The past few years have given individuals the unprecedented ability to transfer, free of gift or estate taxes, up to $5,120,000 of wealth.Ā  Unless Congress acts to extend the current law, that figure will drop to $1 million on Jan. 1, 2013.Ā  Transfers above that amount will trigger gift or estate tax at a 55% rate in 2013.

With these scheduled changes, which will increase rates and decrease exemptions, individuals should consider estate planning techniques to utilize the current $5,120,000 exemptions and the favorable tax rate available to them this year.Ā  Planning techniques that are attractive include:

ā€¢ Making large gifts in 2012 to use some, or all, of your $5,120,000 gift tax exemption. If you wait, such property may be subject to the 55 percent tax rate.

ā€¢Ā Gifting to irrevocable trusts to benefit children and grandchildren. This will utilize your gift tax exemption, and the appreciation on the gift will not be subject to estate tax at your death.

ā€¢Ā Gifting to a grantor retained annuity trust (“GRAT”), which will utilize your gift tax exemption and take advantage of the current low interest rates.Ā  Appreciation above the trust’s stated interest rate will remain in the trust after the annuity term ends, free of gift tax.

ā€¢Ā Allocating your available GST exemption to an irrevocable trust, which will allow you to exempt up to $5 million of trust property for your beneficiaries.

Conclusion

The upcoming election may break the logjam that is currently preventing tax reform.Ā  However, given the number of tax changes that will be implemented by default on Jan. 1, 2013, it is strongly recommended that individuals accomplish any tax-related planning well before the end of the year, while considering that current rates could continue, decline, or increase in 2013.Ā  More likely a mixture of rate changes will occur, and so all 2012 tax planning should consider all scenarios.

The contents of this article are intended for general informational purposes only and should not be considered legal advice.

This is part of a series of monthly articles by Jackson & Campbell on legal issues of interest to the LBGT community.Ā Celebrating its 125th anniversary, Jackson & Campbell is a full-service law firm based in Washington with offices in Maryland and Virginia. If you have questions regarding this article, contact Nancy O. Kuhn at 202-457-1621 orĀ [email protected]Ā or Steven A. Sigsbury at 202-457-1627 orĀ [email protected]. If you have questions regarding our firm, please contact Don Uttrich, who chairs our Diversity Committee, at 202-457-4266 orĀ [email protected].

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Real Estate

Loving where you rent in D.C.

Creating a home you can adore in the nationā€™s capital

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D.C. offers a vibrant lifestyle, but it can pose challenges for renters. (Washington Blade file photo by Michael Key)

As Valentine’s Day approaches, our thoughts often turn to love. While we may think of candlelit dinners or romantic gestures, love extends beyond relationshipsā€”itā€™s about the spaces we inhabit and how we nurture our connection to them. Loving where you live can have a profound impact on your well-being, and for renters in Washington, D.C., transforming an apartment into a cherished home is not only possible, but also can feel essential.

Washington, D.C., offers a vibrant lifestyle, but it can also pose challenges for renters. High costs, stressful work environments, limited space, and the very nature of urban living might make it harder to settle in. However, with some thoughtful adjustments, you can turn your rental into a space you love. Letā€™s explore how to create a home thatā€™s a sanctuary, not just a stopover.

Personalize Your Space

One of the first steps to loving where you live is making it feel uniquely yours. Although renting may come with restrictions, there are plenty of ways to customize your apartment:

  • Add Color: Use removable wallpaper or peel-and-stick decals to introduce vibrant or calming hues. Area rugs are another excellent way to bring warmth and character to any room.
  • Display Your Story: Showcase meaningful art, family photos, or souvenirs from your travels. Gallery walls can make even a small space feel personal.
  • Lighting Matters: Replace harsh overhead lighting with floor or table lamps to create a cozy ambiance. Use LED bulbs to save energy and customize brightness levels.

Embrace Multifunctional Furniture

City living can impose limited square footage and multifunctional furniture is your best friend. Look for pieces that serve dual purposes:

  • A storage ottoman can double as seating.
  • Fold-out tables save space while offering dining or work surfaces when you need them.
  • A quality sofa bed is perfect for accommodating guestsĀ 

Incorporate Plants and Greenery

Bringing nature indoors can instantly uplift your mood and enhance your living space:

  • Low-Maintenance Options: Snake plants, pothos, and succulents thrive with minimal care.
  • Vertical Gardens: If floor space is limited, consider wall-mounted planters.
  • Window Sills: Herbs like basil or mint not only look and smell good, they are useful for cooking.

Create Comfortable Zones

Think about how you use your apartment and design dedicated areas:

  • Work Corner: With remote work becoming increasingly common, invest in a comfortable chair, desk, and good lighting.
  • Relaxation Spot: A corner with a plush chair, blanket, and books can be your go-to for unwinding.
  • Entertaining Area: Even small spaces can shine with the right setup for hosting, such as a stylish bar cart or foldable chairs.

Maintain and Refresh Regularly

A clutter-free and clean apartment naturally feels more inviting:

  • De-clutter quarterly, donating or discarding items you no longer use.
  • Use storage systems to stash things away you do not need regularlyĀ 
  • Add seasonal touches like new cushions or throws to keep your space feeling fresh.
  • Invest in quality cleaning tools to make upkeep easier.

Discovering the Loveable Side of D.C.

Beyond your apartment, Washington, D.C., is a city rich in experiences that make life here unique. Embracing the D.C. lifestyle can deepen your connection to where you live. Here are a few affordable and distinctly D.C. activities to enjoy this Valentineā€™s Day month:

Loving Life in D.C.

1. Explore Hidden Gems:

  • The United States Botanical Garden: Even though it is the middle of winter, the Conservatory on the grounds of the U.S. Capitol is a wonderful place to get out of the cold.Ā  And a bonus – it is the time of year when orchids are in bloom. Enjoy a touch of a tropical environment right in downtown DC.
  • Kennedy Centerā€™s Millennium Stage: Enjoy free performances showcasing local and international talent. Every day, usually at 6 p.m., you can see artists from around the world in the central hall at the Kennedy Center. And all you have to do is get there in time! Check out the entire program here:Ā  https://www.kennedy-center.org/whats-on/millennium-stageĀ 

2. Taste D.C.’s Diverse Cuisine:

  • Sample global flavors at Union Market. https://unionmarketdc.comĀ 
  • Grab a half-smoke from Benā€™s Chili Bowl, a true local original, on U Street, H Street, and other locations citywide.

3. Embrace the Outdoors:

  • Walk or bike the Mount Vernon Trail along the Potomac River; the Capitol Crescent Trail on the west side, and the newer trail, the Metropolitan Branch Trail that runs from Union Station to Silver Spring.
  • Visit Malcolm X Park (also known as Meridian Hill Park) for its cascading fountains, lively drum circles, snow ball fights, and more! Ā 

4. Dive Into History:

  • Tour the lesser-known exhibits at the Smithsonian Anacostia Community Museum, the National Museums of Asian or African Art, and the incredible Renwick Gallery of American Art opposite the White House.
  • Explore the Frederick Douglass National Historic Site for a deeper understanding of D.C.’s role in history.Ā  https://www.nps.gov/frdo/index.htmĀ 

5. Enjoy Affordable Culture:

  • Attend pay-what-you-can nights at local theaters like Studio Theatre, Woolly Mammoth Theatre Company, or Theatre J located in the Jewish Community Center at 16th Street and Q Streets, NW.
  • Take advantage of free museum access year-round, from the National Gallery of Art to the Hirshhorn Museum.

Building a Life You Love

Loving where you live isnā€™t just about the walls that surround youā€”itā€™s about the life you create within them. By personalizing your apartment and immersing yourself in the unique experiences D.C. offers, youā€™ll better foster a personal sense of belonging and joy. This Valentineā€™s Day, remember to nurture not only your relationships, but also your relationship with your home and your city. After all, love begins at home.


Scott Bloom is owner and senior property manager of Columbia Property Management. For more information and resources, go to ColumbiaPM.com

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Real Estate

Navigating D.C.ā€™s down payment assistance programs

On the way home, after a detour and a few speed bumps

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D.C. offers some of the most extensive programs for down payment assistance in the country. (Illustration by demianvs/Bigstock)

D.C. offers some of the most extensive programs for down payment assistance that are managed by the Greater Washington Urban League and the DC Housing Finance Authority, for programs like HPAP and EAHP (Home Purchase Assistance Program and Employer Assisted Housing Program). 

The District also offers the DC Opens Doors Program. All of these are great examples of offerings to help first-time or newer home purchasers to afford buying in the District of Columbia, one of the nationā€™s most expensive housing markets. 

There are various requirements for a buyer to use the program. These can be found at dhcd.dc.gov/service/homeownership. Many qualified local lenders are knowledgeable about these programs and can assist in dozens of these transactions each year. Often, asking a lender about these programs is a great place to start. Tina Del Casale with Sandy Spring Bank has been helping her clients with these programs for years. As part of her education outreach for clients, Tina informs her buyers of the following:

  • In the HPAP and the EAHP program, the seller must provide the opportunity for the buyer to perform a home inspection with a qualified home inspector. Ā 
  • The items that are flagged as ā€œmust repairsā€ need to be fixed by the seller. Ā 
  • The buyer must get their financial documentation to the lenders involved, as well as to the District of Columbia to be approved to use the program. Ā 
  • Whichever organization or department is managing the down payment assistance fund disbursal will also be involved in the process.Ā 
  • Ideally, it takes about 45-60 days from the date of ratification (going under contract) to close (the settlement date)Ā 
  • The lenders help to qualify/approve the condo buildings for financial health, ensuring that the finances within the building are being maintained by the homeowner association.

What happens, often, is that the process goes smoothly until the organization that manages the down payment assistance funds receives the file. The closing date can be extended time and time again, causing both the buyer and the seller to recalculate moving dates, moving trucks, packing, when to move funds around, whose home they will be sleeping at after the 3rd or 4th delay, and wondering if the seller is going to become so agitated with the entire process that they begin to Google search the term ā€œsmall claims court.ā€ In a recent instance, the buyer was delayed about four times over the holidays and when the file was ready to close, they were informed that the settlement had to be the following day. So, it was a situation of delay, delay, delay, delay, delay, delay, delay, and do this NOW, which means a buyer must coordinate (for the maybe 3rd time) a day off of work and recalculate their entire schedule at the last second to accommodate an organization that seems to have made few efforts to stay in communication along the way.

These delays make the buyer less competitive to win an offer and can make a planned purchase fail due to the failure of the buyer to perform. Nobody wants to be told their house will sell and then must make alternative plans when they realize the contract is not going through, OR there will be a significant delay by up to one to three months. 

How can we make this process more user friendly? If we could, developers might be more motivated to make affordable housing units available for more people, knowing that the process of selling a unit wonā€™t cause interminable delays and headaches for all parties involved.  Buyers must be fully vetted financially before submitting an offer. Is there a way to fully vet the down payment assistance funds, that they arrive in escrow at the title company a week or two before settlement so that all parties can plan their lives accordingly? 

Self-awareness as an organization is crucial for knowing where blind spots exist, how they can be looked at, and how a decent process can be improved to fulfill its own goal of helping buyers get into homeownership. Perhaps an exit interview or feedback form could be sent to each buyer after purchase and looked at for suggestions for improvement.


Joseph Hudson is a referral agent with Metro Referrals.Ā Reach him at 703-587-0597 orĀ [email protected].

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Real Estate

Tips for those considering buying a home in the Caribbean

Weather, safety, infrastructure among concerns

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Many Americans are considering leaving the country for the next four years. The Caribbean is an appealing option. (Photo by Nik Sorokin/Bigstock)

I recently returned from cruising through the Caribbean, just in time to experience the last vestiges of a snowstorm and 15-degree weather, coupled with a plethora of angry people wearing red hats, absent-mindedly riding around in circles on the Metro. No matter ā€“ I still have that post-vacation glow.

The Caribbean, a diverse region of 13 independent countries, 12 dependencies, and seven overseas territories, has long been a dream destination for travelers, retirees, and investors alike. With its crystal-clear waters, pristine beaches, and relaxed lifestyle, it’s no wonder that many people are drawn to the idea of owning property in this tropical paradise.

Buying real estate in the Caribbean requires careful planning, research, and an understanding of the unique challenges and opportunities that come with investing in a foreign market. Selecting the right island and community is a critical step in the buying process.

Consider such factors as:

  • Accessibility: Proximity to major airports and ease of travel
  • Infrastructure: Availability of roads, utilities, and amenities such as internet and streaming services
  • Safety and security: Crime rates and political stability
  • Climate and weather risks: Susceptibility to hurricanes and natural disasters
  • Healthcare: Quality and availability of medical services

Property prices and inventory vary widely across the region. Each Caribbean nation has its own rules regarding foreign ownership of property. Some countries have relatively open markets where foreigners can buy land freely. Others, such as the Bahamas, require special permits for non-residents purchasing property above a certain value.

It is essential to work with a reputable local attorney to navigate the legal requirements, including landownership laws and restrictions, residency and citizenship options, property taxes and fees, and title searches and due diligence.

Some islands, like Barbados and the Cayman Islands, offer residency permits for property owners who meet specific financial criteria. These programs can provide tax benefits, visa-free travel, long-term residency rights, and in some cases, top-tier medical facilities, including private hospitals and specialized care centers. 

Moreover, Antigua & Barbuda,Ā Dominica,Ā Grenada,Ā St. Kitts,Ā andĀ St. Lucia offer a Citizenship by Investment (CBI) program for property buyers: In some cases, citizenship will grant you visa-free access to more than 150 countries. While the costs fluctuate depending on the country, the process can be completed in as little as 7-12 months.Ā 

As you can imagine, there has been a surge of inquiries from the U.S. since last fall, so it would be wise to confirm the most recent amount and type of minimum investment required. You can find helpful information from the company La Vida atĀ  goldenvisas.com.

Many buyers in the Caribbean look to generate income through vacation rentals or long-term leasing. Islands with strong tourism demand, such as Aruba, the Bahamas, and St. Lucia, offer excellent rental potential. 

Working with a reputable property management company can help maximize rental income and ensure smooth operations; however, investors should consider seasonal fluctuations in tourism, property management costs, and local regulations on short-term rentals in determining their return on investment before committing to a purchase. 

As in the U.S., buying property in the Caribbean comes with additional costs beyond the purchase price. These may include legal fees (typically 1-3% of the purchase price), stamp duties and transfer taxes that vary by country, real estate agent compensation, property insurance, and maintenance costs.

Financing can be a challenge for foreign buyers, as many Caribbean banks require substantial down payments or have stringent lending criteria. Some investors choose to secure financing from their home country or pay in cash.

Nonetheless, expatriates living in the Caribbean often benefit from a lower cost of living, warm climate, and relaxed lifestyle. Many islands have well-established expat communities, making it easier to adjust to life abroad. As you begin your journey, it is recommended that you secure health insurance that covers medical treatment in both the Caribbean and your home country.

To successfully purchase property in the Caribbean, research and choose your preferred island based on your budget, lifestyle, and investment goals. Work with a local real estate agent who understands the market and legal requirements and, if applicable, speaks the appropriate language. Hire an attorney to conduct a title search, review contracts, and ensure compliance with local laws. Negotiate the purchase price and sign a sales agreement. Secure financing (if needed) and transfer funds. 

Once you have completed additional legal requirements such as obtaining permits, paying taxes, and registering the property, you might consider rental or management options if you are not living there full-time.

But if the Caribbean is to be your home away from home for at least a few years, turn off the news, stick an umbrella in your favorite frothy adult beverage, and lean into island living. 


Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.Ā 

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