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REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

Hello, I am aware that for NY STATE, if I got a star rebate check  as I did years back I  report it in Turbo tax so it reduces the Deduction for [property tax. However, in 2021 i have questions

Assume my prop tax paid in 2021 was 13500,  and the tax assessment already included the star exemption on the bill. NO STAR Rebate was sent.

HOWEVER!

IN 2022 I did receive 2 rebate checks

2022 Homeowner tax rebate credit (HTRC)

https://www.tax.ny.gov/pit/property/homeowner-tax-rebate-credit.htm   $2045
and  on March 5, 2022
under the American Rescue plan $375. Also not called star

Turbo tax computed I get $350 for the REAL PROPERTY TAX RELIEF CREDIT (IT 229)

is this correct?  Do I need to list these checks I got in 2022  in the 2021 taxes? 





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7 Replies

REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

Very similiar question I have for the NY State Homeowner Tax Relief Credit (HTRC).  I just received my check on 1/3/2023 and deposited the same day yesterday.  The stub reads "2022 Homeowner Tax Rebate"...yet, I both received and deposited the check in 2023...do I deduct this amount from LAST YEAR'S taxes paid (2022 due April 2023) or NEXT YEAR's (2023 tax return due April 2024).

The stub says "2022..." as mentioned, but I received both the check and made the deposit in the current (2023) year.  I'm think it is for 2022, but I'd love to see someone tell me that and point out where this is documented?  Thanks!

KrisD15
Expert Alumni

REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

You will reduce the amount of property tax you claim as paid on your Tax Year 2022 Federal Tax Return and here's why-

 

If you had already filed for 2022, you would need to calculate whether this rebate would have made your 2022 tax liability any different, and if yes, claim that difference as income for 2023. This would "recapture" the credit you already received. 

 

You would use the "State and Local Income Tax refund Worksheet" on page 84 of the 1040 instruction booklet. 

 

Since you have not yet filed, you would simply lower the tax you are claiming as paid in 2022 if you are itemizing. 

In essence this is the same as if you were calculating a credit recapture, but since you did not yet file, you would simply adjust for it on the current return, eliminating the need to recapture it in the following year's return. 

 

If for some reason, claiming income in the following year is more advantageous, I suppose a Taxpayer could do that and argue with the IRS if they questioned it.  

 

I should add that if you are not itemizing for 2022, the rebate has no effect on your tax liability and does not need to be addressed.  

Since it is a rebate, if you never claim the amount as a deduction, you never have to claim it as income or a credit recapture.

 

If Itemizing, the rebate would be handled in a similar way for your NY state return, although those instructions are not as clear.  They do refer to the credit as being received in the same tax year, but I believe the intent is to match the credit to the tax year in which the property tax paid was/is being claimed as a deduction. 

 

IRS Pub 530 states: page 4

"Refund or rebate of real estate taxes. If you receive a refund or rebate of real estate taxes this year for amounts you paid this year, you must reduce your real estate tax deduction by the amount refunded to you. If the refund or rebate was for real estate taxes paid for a prior year, you may have to include some or all of the refund in your income. For more information, see Recoveries in Pub. 525, Taxable and Nontaxable Income."

 

IRS Pub 525 states: page 25

“…, use the State and Local Income Tax Refund Worksheet—Schedule 1, Line 1, in the 2022 Instructions for Schedule 1 (Form 1040) for line 1 to figure the amount (if any) to include in your income. See the Instructions for Forms 1040 and 1040-SR.”

 

NY Homeowner tax rebate

"If you receive a check for the homeowner tax rebate credit, you do not need to do anything on your New York State income tax return unless you itemize your deductions."

 

NY How to Report Tax Credit Rebate

“If you itemize your deductions, reduce your itemized deduction for real estate taxes paid by the total amount of any STAR credit and the homeowner tax rebate credit received during the tax year; keep your check stubs with your tax records.”

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KrisD15
Expert Alumni

REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

You will reduce the amount of property tax you claim as paid on your Tax Year 2022 Federal Tax Return 

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REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

Thank you!  I figured it was to be done on the t/y 2022 return this spring, just wanted to be comforted. 🙂

REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

I live in a NYC co-op where the real estate tax is part of our monthly maintenance charge. We get a statement from the co-op's accountants stating our mortgage interest and property tax amount per share. So my real estate tax deduction is calculated by (# of shares x  real estate taxes per share). Now having received a STAR, NY State Homeowner Tax Rebate, and a NYC Property Tax Rebate, would I subtract my federal property tax deduction (calculated with the above formula) by the combined amount of those three rebates?

PattiF
Expert Alumni

REAL PROPERTY TAX RELIEF CREDIT (IT 229) : do I need to reduce property tax deduction

Yes, you would add those three items (STAR, NY State Homeowner Tax Rebate, and NYC Property Tax Rebate) and subtract that total from the real estate total that you calculated based on your shares.  But as KrisD15 writes above, you do not need to deduct the rebates from the real estate taxes unless you are itemizing your deductions.

 

@dasrust 

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