@AmeliesUncle wrote:
....I'm unsure what is correct. @Anonymous_ , do you by chance have any citations that show the tax is imposed on the real estate itself, rather than the owner? Or possibly it could vary by location???
State law controls, but that would be exactly the same in all states. The local taxing authority, typically the county, is authorized by state law to levy a tax (ad valorem) against real estate within its jurisdiction. Such taxes are never "imposed" on the owner(s) of the real estate, and they virtually are never subject to personal liability for paying (or not paying) the tax levied. The only recourse the county has is a lien against the property itself (i.e., essentially nonrecourse in terms of the owner(s)) and foreclosure of that lien.
The other issue would be who pays as between the seller and purchaser of the property (which was cited earlier in this thread as Section 1.164-6 delineates the apportionment for federal income tax purposes). That, however, is a different issue than the issue at hand since @kwispy was an owner of the property and continues to own the property; there has not been a sale, according to the facts set forth.
Regardless, I fail to see where the issue here differs from the issue where an owner of real estate (any real estate) fails to pay the tax for a year or more and then finally pays in, for example, the third year (i.e., pays three years' worth of property taxes). That total payment would be deductible in the tax year in which payment is made (assuming a cash basis taxpayer).
