Not Going Over The "Fiscal Cliff"

It was close but the United States Congress finally came together and passed House Resolution 8.  Now signed into law by the President some of the provisions affect the real estate industry.

• Mortgage Cancellation Relief is extended for one year to January 2014;
• Mortgage Interest Deduction remains unchanged;
• Deduction for Mortgage Insurance Premiums for filers making below $110,000 is extended through 2013 and made retroactive to cover 2012;
• Leasehold Improvements - The 15 year straight-line cost recovery for qualified leasehold on commercial properties extended through 2013 and made retroactive to cover 2012;
• Energy Efficiency Tax Credit - The 10% tax credit (up to $500) for homeowners for energy efficiency improvements to existing homes is extended through 2012 and made retroactive to cover 2012;
• Pease Limitations are permanently repealed for most tax payers. The limitations will only apply to individuals earning more than $250,000 and joint filers earning more than $300,000. The thresholds are indexed for inflation and will rise over time;
• Capital Gains rate stays at 15% for those individual filers earning $400,000 or joint filers earning $450,000.
• After that any gains above those amounts will be taxed at 20%. The 250/500k exclusion for sale of principle residence remains in place.
• Estate Tax - The first $5 million in individual estates and $10 million for family estates are now exempted from the estate tax. After that, the rate will be 40%, up from 35%. The exemption amounts are indexed for inflation.