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First of all I am not a CPA and I advice everybody to investigate what I am going to say here.
This is no legal or tax advice. I am a real estate broker and as such I can not give legal or tax advice
How much tax should I pay when I receive a Cask Back from a Broker or Real Estate Agent?
This question is normally asked by buyers who are about to get a cash back in escrow.
The answer is zero percent, but you can do it two ways. The hard way and the easy way.
Let's start with the easy way.
The easy way is to make your agent write it on the offer or purchase contract something in this formate:
Buyers will get $15,000 dollar cash back within the escrow.
The money you will get from your agent will be used to pay your closing costs and reduction of the purchase price.
Because you will not get paid outside the escrow, you will not get a 1099. If you do not get a 1099 then you most probably do not have to explain anything to IRS about this money. Everything is crystal clear. You get a price reduction from the seller in form of Commission Rebate from your agent. Seller paid a commission to your broker, thus his profit from the sale is decreased. You got this commission money from your Real Estate Broker, but this money is spend to get a better price for the house.
The hard way to do the same thing is to force your broker to pay you outside the escrow. Suddenly everybody have to explain themselves to IRS.
Title company issued a check to your broker for full amount and when the broker issue a check to you as cost of sale it might raise some questions with IRS.
Also you as buyer will get a 1099 and have to ask your CPA to explain to IRS that this money is really a reduction of sale price and not an income.
So let's keep things simple. Let's keep all the Cash Back, Commission Rebates or Buyers rebate within the escrow, to make life easier for everybody
Broker of American Dream Realty
HR Dadgar

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Fremont CA Real Estate-Short Sales Fremont CA Real Estate prices fell on average of 35% since the beginning 2007, but there were a few pockets of Fremont that fared a bit better than the rest. What could have been the cause? Weren't they all affected in the same way? Mission San Jose area real estate prices in Fremont for example, did fall but not as much as homes in the Ponderosa area in the north of Fremont.
Schools were the common denominator in determining the home value percentage drop. Had Mission San Jose Schools been anything but one of the top 5% national high schools in the nation, the story would have been different. Parkmont area of Fremont did okay at around 30% drop, better than a 35% drop from other pockets of Fremont. All together, it seems that the Mission San Jose School status provided heavy reinforcements when the real estate crunch came crunching down. You can find out more about Fremont Unified school district attendance maps for Fremont here at my site.
Also, you can compare between Fremont and Sunnyvale here on a study I did last year. Interesting.
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I’ve gotten a number of requests from prospective homebuyers to provide more information on the various communities that I have expertise on. So, I’ve put together a brief overview for Fremont’s Mission San Jose district below. Please feel free to contact me with any questions that you may have. Fremont has 201,334 residents situated over 92 square miles, according to the census of 2008, making it the fifth largest city on the Bay Area. Its established itself as the Bay Area home of many high-tech and bio-tech firms and is known for its attractive, manageable commutes to other tech companies located in the South Bay and on the Peninsula. In addition, San Francisco, Oakland and Berkeley are accessible within 60 minutes on BART. The historic Mission San Jose district is a very desirable area for home buyers and families. It is located just off of Highway 680 and sits below the foothills of Mission Peak. The district prides itself on maintaining a small town feel – for example, the Olive Festival is held annually, Independence Day parades bring residents out onto the sidewalk in summer, and in winter a Christmas tree lighting event is held close by. Ohlone College (see more below) is the hub of activity in the area and a number of small commercial businesses, retail shops, and eateries are within walking distance. The Mission San Jose district is a short drive away from The Hub shopping center in the Irvington district, Gateway Plaza near the BART station, the newly developed Pacific Commons Shopping Center in the Warm Springs district and NewPark Mall in the city of Newark. The Mission San Jose district is also home to cultural and community centers like the impressive Smith Center for Performing Arts at Ohlone College and the Olive Hyde Art gallery. In addition, Fremont has plenty of indoor and outdoor recreation areas. The popular and highly ranked Lake Elizabeth (Central Park) with golfing, a dog park and sporting fields will soon house a new water park opening in May of 2009. Additionally, residents and visitors enjoy Quarry Lakes Park, sections of the Alameda Creek trail, Fremont Teen Center, Fremont Senior Center, and of course the mountainous hiking trails of Mission Peak. As for schools, Fremont is served by the Fremont Unified School District, and families flock to homes in the Mission San Jose district to enroll their children in Mission San Jose High School, ranked as the 49th best high school in the nation. Known locally as “Mission” or MSJ, the high school was founded in 1964 and is known for its strong academics, sending 93% of its graduates to post-secondary schools. For advanced studies or summer enrichment courses, Stanford, the UC Berkeley main campus and Cal State University East Bay in Hayward are within 35 minute drives. UC Berkeley also has an extension campus located in Fremont. Ohlone College (a community college) with highly regarded nursing, computer science and green technology programs has its main campus located in the Mission San Jose district. Fremont and the Mission San Jose district are wonderful places to live with a great deal of home buying opportunities currently available. Feel free to contact me to learn more about the real estate market in this wonderful city.
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