Second home questions to guide the client’s thinking

January 31, 2014 at 01:14 PM
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People generally look to buy a second home for reasons revolving around pleasure — a welcoming spot to take vacations, a place for the family to gather, an opportunity to retire or spend time in a beautiful area of the country.

But there are financial concerns as well. Clients who are proactive about their purchases might find that the estate planning tactics they employ can mitigate to a great extent the cost of owning a vacation home — if not for themselves, then for the generations to come.

It helps to consider some key issues before the purchase is made. If any of your clients are considering a second-home purchase, here are some questions to ask that might help their estate and tax planning in the long run:

Who's going to hold the title?

There are several options here. Generally, a married couple will want to hold the title jointly, but even then, it can be held with rights of survivorship or as tenants in common.

The latter differences apply to when one of the co-owners passes on. Under rights of survivorship, the surviving co-owner automatically inherits full ownership of the property; whereas as tenants in common, each owner retains the right to name a different inheritor in his or her will.

The latter question may seem to revolve mostly around the relationship between the two owners, and who they see as inheriting the property. But there's an important estate consideration as well. Expensive property passing at full value into an elderly owner's estate could be sufficient to trigger the estate tax in many instances, not to mention state estate taxes. Will you rent out the property, or simply use it yourself?

If the client is looking to take tax breaks on the second home, this is a crucial question. In general, if the client resides in the second home for at least 14 days during the tax year, it can be considered a residence, and the mortgage interest becomes deductible. If the home is rented out all the time, it's not considered a residence. The application of this rule gets trickier for people who primarily rent out the second home and only spend a little time there. To qualify as a residence, the owner needs to spend 10 percent of the time the property is rented out.

So if the home is in a desirable year-round resort area, and the owner can rent it out for 200 days a year, he or she would need to spend 20 days there — not the customary 14 — in order to deduct the mortgage interest.

And the rental income from those 200 days, of course, would need to be reported to the IRS. But clients shouldn't be afraid of renting that second home out for small amounts of time. If the home is rented for less than 14 days, the rental income doesn't need to be reported on that year's return.

One other concern if the client wants to rent the home: The owner has personal liability for any claim brought by a renter who is injured in the vacation home. It's possible to purchase an umbrella insurance policy to help mitigate such risks, but if the client is concerned about such claims, he or she can set up a limited liability company or limited partnership that would own the property. That would mean the owner's only asset at risk to such a claim would be the vacation home itself.

Do you want to set up the home as a family legacy?

The same type of LLC that can limit risks of personal claims against the owners can also be of benefit in passing down a vacation home. An LLC's operating agreement is a great place to set forth rules for how the property will be managed, including who is responsible for costs and upkeep, and who gets to benefit from the use of the house and potential rental income.

The original owners can leave interests in the LLC to children or other heirs, setting up a structure for the next generation's ownership. Another option: create an endowment trust that can hold the vacation home.

There are many other considerations, of course, but these simple questions can help guide the client's thinking. And they allow the planning to be proactive, rather than trying to tie up loose ends after a purchase has been made.

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