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semnet
New Member

I sold a home in 2011 at a substantial loss..Am I allowed to deduct the legal fese to recover the State Real Estate Transfer Tax i 2017?

 
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Accepted Solutions
DianeW
Expert Alumni

I sold a home in 2011 at a substantial loss..Am I allowed to deduct the legal fese to recover the State Real Estate Transfer Tax i 2017?

If this was your main home or vacation home then a loss is not deductible because of the personal use aspect.  

Legal fees can be deductible but only if the expense was necessary to produce taxable income on the return and if you can itemize deductions.  In this case the real estate transfer tax is part of sales expense that reduces gain or increases the loss and are not actually a separately deductible item.

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3 Replies
DianeW
Expert Alumni

I sold a home in 2011 at a substantial loss..Am I allowed to deduct the legal fese to recover the State Real Estate Transfer Tax i 2017?

If this was your main home or vacation home then a loss is not deductible because of the personal use aspect.  

Legal fees can be deductible but only if the expense was necessary to produce taxable income on the return and if you can itemize deductions.  In this case the real estate transfer tax is part of sales expense that reduces gain or increases the loss and are not actually a separately deductible item.

semnet
New Member

I sold a home in 2011 at a substantial loss..Am I allowed to deduct the legal fese to recover the State Real Estate Transfer Tax i 2017?

Thanks Diane
DianeW
Expert Alumni

I sold a home in 2011 at a substantial loss..Am I allowed to deduct the legal fese to recover the State Real Estate Transfer Tax i 2017?

@Steve1950 You're welcome!
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