[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference unifix::sailing

Title:SAILING
Notice:Please read Note 2.* before participating in this conference
Moderator:UNIFIX::BERENS
Created:Wed Jul 01 1992
Last Modified:Mon Jun 02 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2299
Total number of notes:20724

440.0. "New tax laws & boat financing" by JAWS::COUTURE () Wed Nov 19 1986 10:43

    A sailing buddy told me that there was an article in this month's
    Sail Magazine that said two major accounting firms have interpreted
    the new tax laws in such a way that boats which could be lived aboard
    would qualify as second residences.  This would mean that under
    the new tax law, you could still deduct 100% of the interest paid
    on your boat.
    
    Has anyone seen that article or know of anything siminar?

T.RTitleUserPersonal
Name
DateLines
440.1seems like a consensusGRAMPS::WCLARKWalt ClarkWed Nov 19 1986 11:159
    I saw the article, and a couple reprints from business magazines
    which essentially say the same thing.   They feel it is not a loophole
    or mistake, but intentional.  The definition of second home does
    include boats and motorhomes that have suitable habitation.  Of
    course the IRS may have a different opinion, so a few thousand of
    us may end up in court in 1988 to test the code.
    
    Walt

440.2More on the Sail article.BCSE::FRENCHWed Nov 19 1986 12:0115
    The article in Sail also stated that the boat would have to have
    the amenities to be "liveable" to qualify as a second home. Things
    like head, sink and cooking facilities. A motor home would also
    intentionally qualify, if in fact it was lived aboard (or maybe
    just capable of being lived aboard). I don't remember if they addressed
    the question of whether you actually had to live aboard the boat.
    
    Another point they made was that if you owned a boat for charter
    purposes and did not ACTIVELY participate in the cahrtering operaton
    - like actually approving the individuals who were going to charter,
    that it would not qualify as a deduction.
    
    Bill
    

440.3NECVAX::RODENHISERWed Nov 19 1986 14:303
    Opinions I had heard prior to the Sail article indicated that the
    criteria  would include: head, stove, and sleeping quarters.

440.4FORBESCURIE::DONOHUEWed Nov 19 1986 14:538
    THERE WAS AN ARTICLE IN THE BACK OF FORBES ABOUT TWO ISSUES AGO
    ON THIS SUBJECT.  THE ARTICLE SEEMED TO INDICATE THAT IF A BOAT
    HAD A HEAD, STOVE AND SLEEPING QUARTERS, THAT THE IRS WOULD TREAT
    IT AS SECOND HOME.
    
                          JOHN
    

440.5likely targetsRDF::RDFRick D. FricchioneSun Nov 23 1986 15:2315
    Theres also a two week residency requirement. 
    
    The law seems indeed to treat it like a second home if the criteria
    of a "home" are met.  Now, the IRS isn't going to challenge a 51
    Foot Ketch with 4 cabins and two heads.  They will stand a much
    better chance of getting the people with J24's,porta-potties and 
    coleman stoves.
    
    The latter will be difficult to prove as a residence, even in
    complete honesty.
    
    Rick
                                                                 
    

440.6A BOAT HAS BEEN DEFINED AS A RWSIDENCE BEFOREMILRAT::RUDYSun Nov 23 1986 17:4018
    How did all this happen?
    
    Several years back the IRS defined a boat as a residence.  The reason
    they did this was to insure that those that bought boats for charter
    could not use them more then two weeks a year and still deduct it
    as a loss.  Note:   This was the maximum for a vacation property.
    
    The IRS now would have a tough case to eliminate the boat as a
    residence.  One reason is the writers of the tax reform
    bill knowingly allowed the deductiability of second homes deliberately
    since they were aware of the regulation.  The other is more subtle.  The law
    alows the deductibility of interest on two residences.  It would
    be pretty difficult to rule out boats only as a second residence
    and not also rule out the deduction for those who live on a boat
    as a primary residence.