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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?  Here are some ideas that may be helpful:

• 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.

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

• 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.)

• 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.  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.  Unless Congress acts to extend the current law, that figure will drop to $1 million on Jan. 1, 2013.  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.  Planning techniques that are attractive include:

• 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.

• 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.

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

• 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.  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.  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. 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 or [email protected] or Steven A. Sigsbury at 202-457-1627 or [email protected]. If you have questions regarding our firm, please contact Don Uttrich, who chairs our Diversity Committee, at 202-457-4266 or [email protected].

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Real Estate

Hidden hazards at home

Professional inspections can help catch safety issues early

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Test smoke detectors monthly and change batteries at least once a year. (Photo by Phonlamaiphoto/Bigstock)

As the spring market hits its stride, we are beginning to see more inventory and an increase in days on the market in parts of the DMV. This may result in professional home inspections becoming routine parts of contract offers again. A thorough home inspection can help catch safety issues early and is an opportunity to learn about the operation and maintenance of items in your home.

Pay attention to flickering lights, frequently tripped breakers, and discolored outlets—these are signs of potential electrical hazards. Outdated wiring, overloaded outlets, and faulty appliances can lead to electrical fires. 

Structural issues are often overlooked until it’s too late. Crumbling foundations, weak or damaged stairs, loose railings, and uneven flooring can cause trips and falls. Water damage from leaks or flooding can weaken the integrity of floors and walls, creating a risk of collapse. 

Toxic chemicals can pose serious threats to health and safety, often without obvious warning signs. Understanding and addressing these risks is crucial for maintaining a safe living environment for you and your loved ones.

Household products such as cleaners, pesticides, air fresheners, and even cosmetics can emit volatile organic compounds (VOCs). These compounds, when inhaled regularly, can cause a range of health issues including headaches, respiratory problems, hormonal disruptions, and in some cases, even cancer. To minimize these risks, homeowners should opt for low-VOC or VOC-free products, ventilate regularly, and consider investing in an air purifier. 

Formaldehyde is another common toxin found in pressed wood products, insulation, and certain paints. Long-term exposure can lead to chronic respiratory problems and has been linked to cancer. 

Radon gas, another possible carcinogen, is prevalent in the DMV. Your home inspector can do a radon test or there are DIY kits available at many hardware stores. If levels are above EPA standards, a professional remediation firm can install a system that extracts the radon and vents it safely outdoors.

Carbon monoxide (CO), a colorless, odorless gas, is produced by gas stoves, heaters, and fireplaces. Exposure can lead to headaches, dizziness, nausea, and even death. Install CO detectors near bedrooms and ensure that all fuel-burning appliances are properly maintained and ventilated. 

Additionally, older homes may still contain asbestos in insulation, floor tiles, or roofing materials. If disturbed, asbestos fibers can become airborne and are highly dangerous when inhaled, leading to serious diseases such as mesothelioma, so when renovating an older home, it’s critical to have materials tested for asbestos before beginning work.

Mold and mildew thrive in damp, poorly ventilated areas such as bathrooms, basements, and around leaky pipes. While some molds are harmless, others can cause allergic reactions or respiratory problems and aggravate conditions such as asthma. Black mold (Stachybotrys chartarum) is notorious for producing mycotoxins that may lead to severe health issues.

Signs of mold include musty odors, visible growth on walls or ceilings, and excessive humidity. Preventing mold growth requires controlling moisture levels—using dehumidifiers and vapor barriers, fixing leaks promptly, and ensuring adequate ventilation. Professional mold remediation may be necessary for severe infestations.

Though banned in residential paints in 1978, lead-based paint still exists in millions of older homes. Lead exposure is especially dangerous for children, causing developmental delays, learning difficulties, and behavioral issues. Adults are not immune – lead can lead to high blood pressure, kidney damage, and reproductive problems.

Even dust from deteriorating lead-based paint can be hazardous. The EPA recommends professional lead testing for any home built before 1978, especially if renovations are planned. Certified abatement professionals can safely remove or encapsulate lead paint.

Improper use of heating equipment, fireplaces, unattended candles, and cooking accidents are common sources of home fires. Smoke alarms and fire extinguishers are essential for early detection and response. Test smoke detectors monthly and change batteries at least once a year.

Homes that are safe for adults may not be safe for children or pets. Small objects, unsecured cabinets, toxic plants, and open staircases can pose significant risks. Childproofing measures such as outlet covers, safety gates, and cabinet locks, along with safe storage of chemicals and medications, are essential precautions.

The good news is that many of these risks can be mitigated with awareness and action. Here are a few simple steps to enhance home safety:

• Conduct a thorough safety audit using checklists available online.

• Ensure proper ventilation to reduce indoor air pollutants.

• Regularly check for leaks and signs of water damage.

• Keep cleaning and chemical products out of reach of children.

• Educate all household members about emergency procedures, including fire escapes and first aid.

Our homes should protect us, not pose threats to our well-being. By identifying and addressing these toxic and unsafe issues, we can transform our living spaces into truly safe havens.


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.

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Real Estate

April showers bring May flowers in life — and in real estate

Third time’s the charm for buyer plagued with problems

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As Dolly Parton says, ‘If you want the rainbow, you’ve got to put up with a little rain’ (Photo by Rangizzz/Bigstock)

Working in the real estate sector in D.C. can be as uniquely “D.C.” as the residents feel about their own city. On any given day, someone could be selling a home that their grandmother bought, passed on to the relatives, and the transfer of generational wealth continues.  In that same transaction, the beginning steps of building of generational wealth could be taking place.

Across town, an international buyer could be looking for a condo with very specific characteristics that remind them of the way things are “back home.” Maybe they want to live in a building with a pool because they grew up by the sea. Maybe they want a large kitchen so they can cook grandma’s recipes. Maybe they will be on MSNBC once a month and need to have a home office fit for those Zoom sessions where they will be live on air, or recording their podcast.  Perhaps they play the saxophone and want a building with thick walls so they can make a joyful noise without causing their neighbors to file a cease-and-desist order.  

What I found fascinating was getting to know my buyers. Why were they purchasing their property? What did they want to do with it? Was this their grandmother’s dream that they would have a place of their own someday? Did they finally think they would write that award-winning play in the home office?  What dreams were going to be fulfilled while taking part in this transaction?  

Somedays, the muck and paperwork slog of navigating home inspection items and financing checklists could get to be distracting at best, and almost downright disheartening at worst.  

One of my clients was under contract on THREE places before we finally closed on a home. One building was discovered to have financing issues, and the residents were not keeping up with their condo fees. Another building had an issue with the title to the unit, which meant the seller could not sell the home for at least another year until that legal snag was resolved. As the months rolled by, she was losing heart and feeling defeated. When we finally found the third home, everything seemed great – and then about two weeks before the settlement, the rains came down and the windows leaked into the bedrooms.  

Another delay. (Our THIRD). This time, for several more weeks.

I think she wanted to pack a suitcase, go to the airport, get on a plane somewhere and never come back. What ultimately happened? The building repaired the windows, the seller’s insurance replaced the hardwood floors, and she bought her first condo, which she still enjoys to this day.  

As Dolly Parton says, “If you want the rainbow, you’ve got to put up with a little rain.”  And finally, after months of looking, waiting, and overcoming obstacles, the rainbow peeked out from behind the clouds.  


Joseph Hudson is a referral agent with Metro Referrals.  He can be reached at 703-587-0597 or [email protected].

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Real Estate

Spring updates to sell your home for pride and profit

Consider new landscaping, power washing, creative staging

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Enhance your curb appeal with fresh landscaping before you sell. (Photo by Elena_Alex_photo/Bigstock)

Selling a home is a big deal for anyone, but for members of the LGBTQ+ community, it comes with unique considerations—from finding affirming professionals to ensuring your home is represented in a way that reflects your values. Whether you’re a first-time gay home seller or a seasoned LGBTQ+ homeowner looking to move up, maximizing your home’s value is key to a successful and empowering sale.

Here’s how to prepare your home, your mindset, and your real estate strategy to get the most value—financially and emotionally—from your home sale.

1. Start with an LGBTQ+-Friendly Real Estate Agent

Before diving into renovations or staging, make sure your agent truly understands your needs. A gay-friendly or LGBTQ+-affirming real estate agent brings more than just market expertise—they bring cultural competence, safety awareness, and a network that supports you throughout the selling process.

At GayRealEstate.com, you can find experienced, vetted LGBTQ+ real estate agents who have been proudly serving the community for over 30 years. Working with someone who shares or supports your identity ensures your selling journey is respectful, inclusive, and effective.

2. Enhance Curb Appeal—With a Welcoming Vibe

The outside of your home is the first impression a potential buyer gets. Make it count—especially for LGBTQ+ buyers looking for a home that feels safe and welcoming.

  • Fresh landscaping: Add colorful flowers, neatly trimmed shrubs, or low-maintenance greenery to appeal to eco-conscious buyers.
  • Update the entrance: A new front door, stylish lighting, or even a rainbow doormat can make your home feel like a safe space from the start.
  • Clean and repair: Power wash the exterior, touch up paint, and make any necessary repairs to gutters, windows, or siding.

3. Stage with Intention and Inclusivity

Home staging can add thousands to your sale price. But beyond the usual decluttering and neutral palettes, think about how your space tells a story—and who it’s telling it to.

  • Create a warm, inclusive feel: Subtle touches like LGBTQ+ art, books, or even coffee table magazines can show off your personality and affirm the space for queer buyers.
  • Depersonalize—but don’t erase: You don’t need to hide your identity to appeal to buyers. Let your home feel lived in and loved—while still being a blank canvas others can imagine themselves in.
  • Highlight multi-use areas: Home offices, gender-neutral nurseries, or flex spaces resonate with LGBTQ+ families and professionals.

4. Update Kitchens and Bathrooms Strategically

These rooms matter most to buyers—and even small updates can yield big returns.

  • Kitchen: New cabinet hardware, a fresh backsplash, and modern lighting can elevate the entire room without a full remodel.
  • Bathroom: Replace old fixtures, re-caulk tubs and sinks, and add plush towels and inclusive décor.
  • Energy-efficient upgrades: Touchless faucets, smart appliances, or low-flow toilets are not only trendy—they signal sustainability, which matters to LGBTQ+ buyers.

5. Make Your Home More Energy Efficient

LGBTQ+ homebuyers often prioritize sustainability. These updates not only reduce energy bills but make your home more marketable.

  • Install a smart thermostat (like Nest or Ecobee)
  • Upgrade insulation or windows
  • Consider solar panels (especially in sun-drenched regions like California or Florida)

Bonus: You may qualify for state or federal tax credits, which can be a great selling point.

6. Know and Advocate for LGBTQ+ Housing Rights

Although housing discrimination is illegal under the Fair Housing Act, it still happens. As an LGBTQ+ seller, be aware of your rights—and those of potential buyers.

  • Avoid steering or bias: Even with good intentions, make sure you’re not inadvertently influencing who views or buys your home based on identity.
  • Work with affirming professionals: From inspectors to lenders, choose partners who support inclusive practices.
  • Report discrimination: If you or a buyer encounters bias, report it to HUD or your local housing authority.

7. Price Your Home Right—and Market It Smartly

Setting the right price is essential to maximizing value. Your LGBTQ+-friendly agent can run a comparative market analysis, considering current trends and buyer demographics.

  • Leverage LGBTQ+ real estate networks: Promote your home through platforms like GayRealEstate.com to reach an audience that understands and values your space.
  • Use inclusive language in listings: Avoid gendered terms or heteronormative assumptions. Instead of “his and hers closets,” use “dual walk-ins” or “double closets.”
  • High-quality photos and video tours: Showcase your home with professional, visually inclusive marketing that appeals to diverse buyers.

8. Consider Timing and Local LGBTQ+ Trends

Selling during WorldPride or just before local LGBTQ+ events may boost visibility. Also consider if you’re in or near an LGBTQ+ friendly city or neighborhood.

Not sure which areas are top destinations? GayRelocation.com tracks and shares the best cities for LGBTQ+ homebuyers, helping you tap into motivated buyers.

Final Thought: Sell with Confidence—and Community

Selling your home isn’t just about getting top dollar—it’s about closing a chapter with pride and integrity. When you center your values, work with LGBTQ+ affirming experts, and prepare your home with purpose, you’re not just maximizing your home’s value—you’re creating an empowering experience for yourself and the next owner.

Whether you’re buying, selling, or both—GayRealEstate.com is your trusted partner in every step of your journey. With a nationwide network of gay and lesbian realtors, decades of experience, and deep community ties, we ensure your home transition is safe, smart, and full of pride.

 GayRealEstate.com is the nation’s leading online platform connecting LGBTQ+ home buyers and sellers with LGBTQ+ friendly real estate agents, ensuring a safe and supportive experience.


Scott Helms is president of GayRealEstate.com. To find an agent or learn more, visit GayRealEstate.com, GayRelocation.com or call 1-888-420-MOVE.

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