The attorney fees related to the right-of-way lawsuit are not deductible. They are separate from the sale. The survey is deductible. The property taxes are deductible as itemized deductions and cannot be included as selling expenses.
Sales expenses include most items that would not be separately deductible on your taxes or loan fees.
Sales expenses include:
- commissions
- appraisal fees
- broker's fees
- legal fees
- advertising fees
- home inspection reports
- title insurance
- transfer taxes or fees
- geological surveys
- loan charges (points) or other fees paid on the buyer's behalf
Sales expenses do not include:
- mortgage payoffs or interest
- home equity loan payoffs
- rent-back costs
- payoff to creditors
- property taxes
- home owner association fees
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