That Clunker Could Be Worth Money!

If you have an old clunker sitting in your driveway and you’re thinking about upgrading to a new vehicle, you’ll definitely want to look into the Government’s new Consumer Assistance to Recycle and Save (CARS) Act of 2009…as you might be able to get some cash for that clunker!

The CARS Act-also knows as “Cash for Clunkers”-was passed by Congress late last month and then signed into law by President Obama. Basically, the program is designed to get older, less fuel-efficient vehicles off the road by providing buyers with a trade-in voucher when they upgrade to a new, fuel-efficient vehicle. The program offers different voucher incentives depending on the type of vehicle you trade in, as well as the gas mileage of the new vehicle you drive off in. The voucher is good on either domestic or imported vehicles, and it can be applied towards either the purchase or the lease of a new vehicle.

Trading in a Car for a New Car?

If you’re considering upgrading your car, here’s a quick look at what you can expect:

IF you trade in an older car
AND that car gets 18 mpg or less…
AND you purchase or lease a new car that gets at least 22 mpg…
You can qualify for a $3,500 voucher that is applied to the price of the new car.

In addition, you can get an extra $1,000-for a total of $4,500-if you upgrade to a new car that gets 10 mpg better than the old car that you’re trading in.

Want to Upgrade an SUV, Truck or Minivan?

If you’re upgrading an SUV, truck or minivan, the numbers work out a little different:

IF you trade in an older SUV, pickup truck or minivan…
AND that vehicle gets 18 mpg or less…
AND you purchase or lease a new SUV, pickup or minivan that gets at least 2 mpg better gas mileage than the vehicle you’re trading in…
You can qualify for a $3,500 voucher that is applied to the price of the new SUV, truck or minivan.

In addition, the voucher increases to $4,500 if the miles per gallon of the new truck or SUV is at least 5 mpg higher than the old one you’re trading in.

What’s the Catch?

There are a number of provisions that must be met in order to qualify for the incentive. First and foremost, the vehicle that you’re trading in must have been built in the last 25 years-meaning, it’s a 1984 model or newer.

Second, it must only get 18 mpg or worse. Remember, the program is aimed at getting bad-mileage vehicles off the road. So, if your car gets 25 mpg, it’s not the type of car this program is targeting.

Additionally, the vehicle must be drivable, must be registered, and must have been insured for at least the past year. Essentially, you have to actually trade in a vehicle that you’ve been using, as opposed to a dead car that’s been stored on blocks for a couple of years while you tried to figure out what to do with it.

Should You Take Advantage of CARS?

Basically, this program is designed to replace older, less fuel-efficient vehicles with new fuel efficient ones. If your vehicle is fuel efficient, you probably don’t even qualify.

Additionally, if your vehicle has a trade-in value that’s greater than $3,500 or $4,500, the program doesn’t make much sense for you. That’s because the program requires your trade-in to be destroyed, since one goal of the program is to get older, gas-guzzlers off the road for good. That means, the dealership probably won’t add-in much additional trade-in value. In fact, you’ll probably only see a modest bump equal to the approximate scrap value of your vehicle. So, if you can get, say, $5,000 or more for your vehicle as a trade-in without the program, you’re probably better off going that route.

Don’t Wait Too Long to Act

The CARS program is supposed to run until November 1, 2009.UNLESS the funds that Congress set aside for the program run out before then, in which case, it’s all over. So if you’re considering this program, don’t wait too long – contact a dealer about your trade in and which new vehicle you’d like to purchase or lease.

The final rules and details of the program are expected to be released at the end of July. In the meantime, you may want to visit the government’s official CARS website at http://www.cars.gov for more information-including a FAQ page-and to see if your vehicle qualifies for the program.

After the Short Sale: A Taxing Matter!

It is so frustrating.  Too often, Realtors are unaware of the tax liabilities arising from the cancellation of debt and fail to advise their clients accordingly.

Consider This Scenario – Your Realtor just spent several stressful weeks helping you, a beleaguered home seller, negotiate a short sale. They have helped you demonstrate to the lender that the home’s price has fallen and that to close the deal with the new buyer, the lender will have to forgive $10,000 of your outstanding mortgage loan not covered by the sale proceeds. But you did it, and now everyone is happy. The buyer gets a home, the lender avoids a messy foreclosure, and as the seller, you walk away with no further financial burdens. Well, not quite.

Whenever real estate is sold, whether in a standard transaction, a short sale or a foreclosure auction, there are potential tax consequences for the seller. In this little scenario, the seller may still owe taxes to Uncle Sam — both in the form of capital gains on the home and on the unpaid portion of the mortgage. Yet, too often, Realtors are unaware of the tax liabilities arising from the cancellation of debt and fail to advise their clients accordingly. Don’t make the mistake of working with an inexperienced Realtor.

In a Nutshell – Here’s How It Works

With a short sale, the lender has three possible ways to handle the deficiency balance, which is the portion of the mortgage debt not covered by the sale of the home. First, the lender can attempt to collect the deficiency balance from the seller after the property has closed. Second, the lender may require the seller to sign an unsecured promissory note for the deficiency balance as a condition of agreeing to the short sale. If the new note is for less than the balance of the original debt, the difference would be considered canceled, or forgiven, debt. Third, the lender may agree to cancel the entire deficiency balance.

On the surface, option three would be seem to be the best alternative for a seller. However, the IRS considers any canceled mortgage debt ordinary income. This means that the amount forgiven is taxed at the same rate — somewhere between 15 percent and 30 percent — as the sellers’ salaries. In addition, because the IRS requires the lender to file a 1099-C form stating the amount of the canceled debt, Uncle Sam will have a record of the exact amount of the debt that was cancelled. A seller will also receive a copy of the 1099-C to use in filing income taxes.

4 Exceptions to the Rule

The IRS does recognize four situations in which cancellation of debt will not result in tax liability for the seller. Call me to discuss the four exceptions to see if they apply to your situation.  While I certainly don’t intend to give specific tax advice, you should be informed as to the basic facts about the tax consequences of short sales.

With the current foreclosure crisis in this country, many, including NAR, are working to reverse this law. However, until that time, if you find yourself in this situation, you must be aware of the potential tax issues for a short sale. Do yourself a favor, call me today to discuss your individual situation.