state capital gains tax deductible on federal return?

[s111]

In 2019, I sold a vacation home in Montana. I did not realize that Montana had a capital gains tax. I was notified in 2021 and paid approximately $5000.00 to the state. Can I deduct it from my taxes as a property tax or other tax on my 2021 tax form?

[Anonymous_ · Accepted solution]

You can deduct state and local income taxes (as well as property tax) but there are limitations and you would have to itemize your deductions on Schedule A.

See https://www.irs.gov/instructions/i1040sca#en_US_2022_publink53061xd0e667

[Mike9241]

yes you can deduct the $5000 less any penalties or interest included.

the deduction would go on federal schedule A under state income taxes for the year paid.  if your tax deduction on schedule A is already $10,000, there will be no federal benefit. so there would be no purpose in filing an amending federal return.  federal tax laws for 2021 limit the schedule A deduction for income and property taxes to the $10k

however, if you have a resident state income tax that also taxed the gain you should be able to claim a tax credit because the income was double taxed.