Extreme Home Makeover Not as free as it looks
Property tax bill likely to double; work's value could count as income
By Roger M. Showley
STAFF WRITER
July 1, 2004
JIM BAIRD / Union-Tribune
A team of about 140 designers, workers and volunteers worked around the clock to build a new house for Brian Wofford and his eight children on ABC's "Extreme Makeover: Home Edition." The show kept the family in the dark from June 23 until yesterday when they returned from their all-expenses-paid trip to the Caribbean and saw their house for the first time.
From "Extreme Makeover" to extreme tax bite.
That's what Brian Wofford, owner of the Encinitas house virtually rebuilt for the ABC program "Extreme Makeover: Home Edition," faces once the hoopla and well-wishing are over.
The new 4,600-square-foot house, valued by the city of Encinitas at $410,474, already is on the radar screen of County Assessor Gregory Smith. Before work started, the 31-year-old house measured 1,212 square feet on a 7,744-square-foot lot.
Smith said he expects to send Wofford a supplemental property assessment statement late this year that will likely double the present property tax bill of $2,698.
"If this was offered to you, wouldn't you jump at it?" Smith asked rhetorically. "It's a choice and he chose this. I'm assuming they (the show's producers) told him there would be tax ramifications."
Smith pointed out that Wofford is free to contest any new assessment and present evidence that the improvements are not as valuable as determined by officials.
Wofford said yesterday that he expects his property tax bill to increase, but said it's worth it.
The trail of the tax collector began at Encinitas City Hall June 23 with the issuance of a building permit for the addition. The associated fees for planning, building, engineering and fire inspection services totaled $5,612.
Then came school-impact fees from the Encinitas Union School District and San Dieguito Union High School District. Those were put at about $9,700, based on a per-square-foot charge of $2.24.
The income-tax implications facing Wofford as a result of the renovation are not as clear-cut.
A spokeswoman for Edemol USA, the show's producer, could not say what tax advice had been given to Wofford or other homeowners featured in "Extreme Makeover: Home Edition" – most of whom are in California.
But Newsweek magazine reported in May that documents it obtained indicate that the producers told participating families they should face no income tax consequences.
The magazine said that's because the families in the program are "renting" their houses to the production company during the frenetic renovation. A long-standing tax provision allows homes to be rented for less than 15 days a year with no tax consequences, and with improvements voluntarily made during that period by the tenant considered to have no value to the owner.
La Jolla tax attorney Cris John Wenthur called that reasoning "incredible" and predicted "Extreme Makeover" families may face skeptical IRS agents or have to battle out their cases in tax court.
"It falls within the letter of the law," he said. "Does it fall within the spirit of the law or is it a sham?"
If the 15-day rent and improvement rule doesn't stand, he estimated Wofford's 2004 state and federal tax bill would be an additional $200,000 or more, if the value of new construction, the building permit fees, new furnishings and landscaping were all considered taxable.
But not to worry. Wenthur said the easy thing will be for Wofford to refinance his house and use his newly minted equity to pay what's due.
A spokesman for the IRS said no ruling has been issued on tax implications facing "Extreme Makeover" households and advised participants to seek advice from tax attorneys and CPAs.
Now that would be a great spinoff: "Extreme Makeover: Taxpayer Edition."
Staff writer Ben Fuchs contributed to this report.
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I'm not sure how this is really any different than the people who got the free cars on Oprah's show, then ended up with a tax bill - the value of the home is worth way mor ethan the tax bill.