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Real Estate: IRS rule on excluding gain of home sale
If you have made a capital gain from the sale of your main home, you may be eligible to exclude all or part of the gain from your income. The Internal Revenue Service issued a pamphlet, Publication 523, Selling Your Home, which provides directions, rules, and requirements for filing capital gains when selling your home. The pamphlet gives thorough instructions on how to determine whether or not you qualify for the exclusion.
The general requirements include:
- The home sold is considered your main home – “main home” is defined in the pamphlet as the home you lived in the majority of the year whether it is a house, condo, cooperative apartment, mobile home, or houseboat.
- You have lived in the home at least two of the past five years
- Additionally, you are allowed to exclude up to $250,000 of the gain on the sale of your main home if you file as an individual; or up to $500,000 if filed jointly.
Generally, the income exclusion is allowed if these requirements are met unless: you have excluded the gain from a prior home within two years prior of the current sale; you only sold the land on which your main home is located, but not the house itself, or; you sold the remainder interest in your home to a related person.
If you or a loved has legal concerns regarding the sale of your home call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick.
For more information regarding the IRS Publication 523 visit: www.irs.gov/pub523.
Posted in Blog, Real Estate
Tagged abogados, abogados en tampa, blick law firm, capital gains from home sale, capital gains home sale, capital gains on sale of home, carrollwood attorney, carrollwood businesses, carrollwood real estate, christian attorney, christian law firm, christian lawyer, home for sale by owner, home sale exclusion, home sale tax, home sales, homes for sale by owner, homes for sale in florida, homes for sale in orange county, michael c blickensderfer, tampa law firm, taxes home sale
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Driving with a Suspended License
Everyday Florida drivers get behind the wheel unaware that their diving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.
Driving without knowledge of the suspension generally leads to the issuance of a non-criminal citation. However, it is important to know that payment of the non-criminal citation operates as an acknowledgment of guilt and points may be assessed against your license because it is considered a moving violation.
In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. The following charges may result from Driving with a Suspended License with knowledge of the suspension:
(1) First conviction is a second degree misdemeanor;
(2) Second conviction is a first degree misdemeanor;
(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.
It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as Habitual Traffic Offenders.
The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.
If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Blog, Criminal Law
Tagged abogados, abogados en tampa, arrest dui, arrested for dui, blick law firm, carrollwood attorney, carrollwood businesses, carrollwood real estate, christian attorney, christian law firm, christian lawyer, driving on a suspended license, driving on suspended licence, driving on suspended license, driving suspended license, driving under the influence, driving without license, dui arrest, dui arrests, how to prevent drunk driving, revoked license, suspended drivers licence, suspended drivers license florida, suspended licence, tampa law firm, what is revoked license
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Personal Injury Protection (PIP) 2012 Reform
Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.
Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.
In 2012, the Florida legislature passed into law PIP reform that bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00. A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency.
Nonetheless, supporters of the bill insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.
If you or a loved one have been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Personal Injury
Tagged abogados, abogados en tampa, auto accident, auto accident injury lawyer, auto accident lawyer, auto accident lawyers, blick law firm, car accident lawyers, carrollwood attorney, carrollwood businesses, carrollwood real estate, christian attorney, christian law firm, christian lawyer, florida auto accident lawyer, florida auto insurance regulations, florida legislation, insurance in florida for car, laws of florida 2012, motorcycle accident lawyer, new laws in florida, personal injury attorney, personal injury reform, pip law in florida, pip reform florida 2012, tampa law firm
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Tampa Bay Red Light Traffic Camera Fines
In 2010, the legislature passed the Mark Wandall Traffic Safety Act, named after a Bradenton man who was killed by a red-light runner in 2003. The Act authorized the use of Red Light Cameras to record footage of motorists running red lights and then issuing violators a traffic citation accordingly.
Conflicting studies on the effectiveness of the Red Light Cameras have produced inconclusive results, but proponents of the cameras insist that the legislation saves lives. However, Florida drivers across the state have fought against the constitutional validity and overall effectiveness of the cameras asserting that the purpose of the cameras is solely to increase government revenue.
Nonetheless, Courts across the state have upheld the validity of the legislation and are enforcing the fines against drivers found in violation. Each ticket is a hefty $158, but no points are assigned to the driver’s record.
If you have been issued a citation for violating a photo enforced red light and have questions concerning your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.
*** For your reference: the following link is a map of all red light camera locations in the Tampa Bay Area, provided by my Fox Tampa Bay.
Posted in Blog, Criminal Law, Personal Injury
Tagged abogados en tampa, abogados real estate, bank owned homes, blick law firm, carrollwood attorney, carrollwood businesses, carrollwood real estate, cheap houses for sale, christian attorney, christian law firm, christian lawyer, fight red light tickets, how to fight a red light camera ticket, pictures of traffic light, red light camera, red light cameras, red light cameras ticket, red light enforcement, red light law, red light ticket, red light tickets, red light traffic, red light traffic cameras, red light traffic ticket, red light traffic tickets, red light violations, red speed cameras, tampa law firm, tampa real estate attorney, traffic cam, traffic light camera, traffic light cameras locations
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Short Sale Common Questions
Homeowners are often unsure of what options are available when they reach financial hardship. A short sale is an agreement by a mortgage lender to sell property for an amount lower than the balance owed in order to relieve the buyer of the mortgage obligation.
A short sale can be a helpful tool when trying to avoid foreclosure. Depending on the negotiated amount of the sale and the timeliness of past mortgage payments, a short sale may help avoid the huge hit to your credit score that foreclosure causes. Additionally, short sale participants can later purchase a home in a shorter time than those who foreclose on their property.
A short sale can be completed by finding a buyer to purchase the home who is willing to pay current market value, and having the mortgage provider agree to the sale. Any shortage after the sale will then either be written off by the lender and an IRS 1099 is issued to the seller, or a deficiency remains which the lender may pursue to collect against the seller.
The short sale process can be complicated, and the lender may not be willing to negotiate. It is important to know that a real estate attorney can help negotiate the sale and terms with the mortgage lender and provide you peace of mind that your sale is being handled by an accountable professional.
If you have legal questions regarding your short sale or you are considering your options, call Blick Law Firm today at (813) 931-0840 to schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Blog, Real Estate
Tagged abogados en tampa, abogados real estate, blick law firm, carrollwood attorney, carrollwood businesses, carrollwood real estate, christian attorney, christian law firm, christian lawyer, house short sale, michael c blickensderfer, real estate law, short sale attorney, short sale questions, short sale specialists, short sales for sale, tampa law firm, tampa real estate attorney, tampa short sales, what is a short sale
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