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How do you calculate your property tax deduction for the
house for the year of sale? The tax rules are quite strict
on this matter. They require the deduction to be allocated
based on days of ownership, regardless
of how much of the tax the buyer or seller actually paid.
Additionally, in some cases, the price of the home may have
to be adjusted in connection with the allocation. The following
examples illustrate how the rules operate.
Example
(1). Betty bought a house from Sally on February 7
for $200,000. The property taxes on the house (locally assessed
based on the calendar year) are $3,650 annually. This works
out to $10 a day. Sally paid the first quarter's tax bill
on January 1st: $912.50 (1/4 of $3,650). On the date of sale,
Betty reimbursed Sally for some of the taxes. Sally was only
the owner for 37 days during the year of sale (31 in Jan.
plus 6 in Feb.). (Note that the day of sale is counted as
an ownership day of the buyer.) So Sally's tax obligation
was only $370. Since she had paid $912.50, Betty should have
reimbursed her for $542.50. On their tax returns, Sally deducts
$370 in property taxes, and Betty deducts $3,280 (assuming
Betty makes the remaining payments as they become due during
the year) for the total year's taxes of $3,650.
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Example
(2). The facts are the same as in Example (1) except
that Sally isn't reimbursed the $542.50 by Betty at the closing
for the extra property tax she paid. Sally has actually therefore
covered the entire first quarter's property tax bill herself
via her initial payment.
In
this case, however, Sally is still treated as only paying
$370 in property taxes for her actual 37 days of ownership
(calculated as above). And Betty still deducts the $3,280
(even though she pays only $2,737.50 (three payments of $912.50
each). That is: the deductions are based on the days of ownership
of each taxpayer: 37 for Sally and 328 for Betty.
Further,
the $542.50 which Sally paid for Betty is treated as a discount
from the sale price of the home. Thus, Betty's basis in the
home (her cost for tax purposes) is not the $200,000 "sale
price," but is instead $199,457.50 (which is $200,000
minus the $542.50 discount).
Note: In most cases, the parties will work out the proper
reimbursement so that the scenario in Example (1) is more
common.
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