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Andy-J
New Member

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

Doing 2015 taxes and I bought a house in 2014 (in Illinois).  Taxes paid in 2015 are for the 2014 tax year.  The seller credited me for taxes due to them up through the close date (August 2014).  Even though I paid taxes for the seller in 2014, I did not claim a property tax deduction on my 2014 taxes (is this right???).  

However, for the 2015 tax filing, I'm pro-rating the annual taxes paid (approx $8,000) to account for the time that I lived in my house (from Aug to Dec 2014).  Is that the right way to calculate my property tax deduction for 2015?  

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DS30
New Member

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

No, you can only deduct real estate taxes in the year that they were actually paid. So the real estate taxes that you actually paid in 2015 will only be available for deduction in 2015.  (For the property taxes that you actually paid in 2014, you would have to amend your 2014 tax return to claim these property taxes)


https://ttlc.intuit.com/replies/3300663


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5 Replies
DS30
New Member

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

No, you can only deduct real estate taxes in the year that they were actually paid. So the real estate taxes that you actually paid in 2015 will only be available for deduction in 2015.  (For the property taxes that you actually paid in 2014, you would have to amend your 2014 tax return to claim these property taxes)


https://ttlc.intuit.com/replies/3300663


Andy-J
New Member

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

Thank you for the response!  The timing of what to deduct for what year is clearer to me now.  However, the taxes I paid in 2015 were partially funded by the seller (in other words, about $5k of the $8k I paid in taxes were from someone else).  Am I only allowed to deduct ~$3k, the portion that actually came out of my pocket?  I believe this line implies that I can only deduct approximately $3k: "you can't claim real estate tax for someone else's property, even if you paid it."
DS30
New Member

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

Yes you are correct.

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

https://www.irs.gov/publications/p17/ch22.html

Example 2.

George and Helen Brown bought a new home on May 3, 2014. Their real property tax year for the new home is the calendar year. Real estate taxes for 2013 were assessed in their state on January 1, 2014. The taxes became due on May 31, 2014, and October 31, 2014.

 

The Browns agreed to pay all taxes due after the date of purchase. Real estate taxes for 2013 were $680. They paid $340 on May 31, 2014, and $340 on October 31, 2014. These taxes were for the 2013 real property tax year. The Browns cannot deduct them since they did not own the property until 2014. Instead, they must add $680 to the cost of their new home.


In January 2015, the Browns receive their 2014 property tax statement for $752, which they will pay in 2015. The Browns owned their new home during the 2014 real property tax year for 243 days (May 3 to December 31). They will figure their 2015 deduction for taxes as follows.

 

Worksheet 22-1.Figuring Your Real Estate Tax Deduction — Taxes on New Home

1. Enter the total real estate taxes for the real property tax year                                                  $752

2. Enter the number of days in the real property tax year that you owned the property               243

3. Divide line 2 by 365 (for leap years, divide line 2 by 366)                                                         0.6658

4. Multiply line 1 by line 3. This is your deduction. Claim it on Schedule A (Form 1040), line 6    $501

The remaining $251 ($752 paid less $501 deduction) of taxes paid in 2015, along with the $680 paid in 2014, is added to the cost of their new home.

Because the taxes up to the date of sale are considered paid by the seller on the date of sale, the seller is entitled to a 2014 tax deduction of $931. This is the sum of the $680 for 2013 and the $251 for the 122 days the seller owned the home in 2014. The seller must also include the $931 in the selling price when he or she figures the gain or loss on the sale. The seller should contact the Browns in January 2015 to find out how much real estate tax is due for 2014.

I bought a house and taxes in my state (Illinois) are paid for the prior year. Seller credited me, what can I deduct in property taxes?

I also have similar situation as a buyer. I bought home and closed on Apr 30, 2021. In our county, the property taxes are paid for the previous year. They are running 12 months behind. The seller gave me a credit for Jul 1- Dec 31, 2020 and Jan-1 to Apr 30, 2021 period. In Aug 2021, I paid taxes for second half of 2020.

Is it correct that I cannot claim this on my state return becuase seller already credited me this.

 

On the other hand, for 2022 state tax return, I can claim only partial payment that I will be responsible (for the period of May 1 to Dec 31, 2021). Am I right?

 

The seller on the other hand will claim entire 2020 payments and partial (Jan-Apr 2021) tax payments on his tax return for his 2021 taxes. Can somebody please confirm? Thank you.

 

 

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