GuidesHome equity investment6 of 6
Home equity investments and taxes, in plain terms
The cash you receive is generally not treated as income, and the settlement years later can change your gain when you sell. The outline, without the advice.
01When the cash arrives
Most of these agreements are structured as an option on the home's future value, or as the sale of a future interest in it. Under either structure the lump sum you receive at funding is generally not treated as income in the year you receive it. It is closer to a deposit against a sale that has not closed yet. Providers typically do not issue a tax form at funding for that reason.
Because it is not a loan, there is no interest, and so there is nothing to deduct along the way. That is a real difference from a line of credit, where interest on money used for improvements can sometimes be deducted. HELOC interest and taxes covers that side.
02When you settle
The tax question tends to surface at settlement, especially when it happens as part of a sale. The amount paid to the investor is not simply a cost of sale like a commission, and it is not simply a loan payoff either. Depending on how the contract is structured, it can affect the basis in the home, the gain on the sale, or be treated as the completion of the sale of a partial interest that began at funding.
The practical effect is that two homeowners with the same sale price and the same mortgage can report different gains, depending on whether one of them had an investment on the house and how it was documented. The primary residence exclusion, which lets many sellers leave the first $250,000 of gain, or $500,000 for a couple, off their return, still applies, but what counts as gain may differ. Taxes when you sell covers the exclusion itself.
03The paperwork worth keeping
- The signed agreement, with the cash amount, the percentage, and the starting value after the risk adjustment
- The closing statement from funding, showing the fees deducted
- The settlement statement when the agreement ends, showing the payoff figure and how it was calculated
- The appraisal used at settlement, if you bought out rather than sold
- Records of improvements made while the agreement was in place, since they can affect basis