IRS Reiterates Its Position on Deducting Prepaid Property Taxes


Your lender will pay you six months or one year of homeowners insurance. As part of the prepaid property taxes, you will be required by your mortgage lender to pay them. You can deduct up to $10,000 of your total payments each year for property taxes, state income tax, or state and local sales tax.

You can use Schedule LEP , Request for Change in Language Preference, to state a preference to receive notices, letters, or other written communications from the IRS in an alternative language. You may not immediately receive written communications in the requested language. The IRS’s commitment to LEP taxpayers is part of a multi-year timeline that is scheduled to begin providing translations in 2023.

Year-End Tax Planning Has Changed, Too

Tax credits that have not been paid by the taxpayer have not been credited. The deduction was denied by the Tax Court because it was not received by the taxing authority and was not paid before the tax was assessed. Prepaying property taxes does not need to change under the Tax Cuts and Jobs Act. The IRS’s longstanding position, as reflected in the advisory, remains unchanged. As is probably the case with all accounting and tax firms, Grossman Yanak & Ford LLP has been inundated with questions regarding the deductibility of amounts prepaid by December 31st for 2018 real property taxes. Generally, cash basis taxpayers are entitled to a tax deduction in the year that a liability becomes fixed and due, and the amount due is physically paid by the last day of the tax year.

This option is available until midnight on Prepaid Property Taxes Deduction 31. The debate on such deductions arose after Congress passed the largest tax overhaul in three decades late last year. In a landmark change, lawmakers capped write-offs for state and local taxes at $10,000 per return for both single filers and married couples. The provision takes effect for 2018 and will lower these write-offs for millions of Americans.

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  • He is also a published poet, musician and nature-lover.
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  • None of the existing tax deductions are set in stone, because – as the private mortgage insurance example shows – tax deductions for homeowners change fairly frequently.
  • A fee is for buying the home if you would have had to pay it even if you paid cash for the home.
  • There is also good news for military homeowners in Florida!

Mr. Herzig said the I.R.S. guidance was also based on limited precedents and could be overturned by a legal challenge. As a result, he said, many taxpayers might prepay and hope that the courts rule in their favor. But a question will remain—is there a justification for claiming the deduction despite the IRS position? Andrew Dehan is a professional writer who writes about real estate and homeownership. He is also a published poet, musician and nature-lover.

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