Deepak Malhotra, Investor & Landlord, Cheney WA,  99004

Are Real Estate Taxes Deductible? Your Guide to Property Tax Deductions in 2024


Buygeg.com Are Real Estate Taxes Deductible
Are Real Estate Taxes Deductible?

Introduction:

Owning real estate comes with a mix of responsibilities and rewards. One of the less glamorous aspects is paying real estate taxes, which can be a considerable expense. However, there’s a silver lining—many homeowners can deduct a portion of these taxes, potentially lowering their taxable income and saving money at tax time.

So, are real estate taxes deductible? For most homeowners, the answer is yes, but eligibility depends on a few key factors. From your primary residence to other types of property, understanding what qualifies and how much you can deduct can make a significant difference. In this article, we’ll break down the essential details, types of deductible real estate taxes, limits, and the steps to maximize your tax savings.

Section 1: Understanding Real Estate Tax Deductions

Real estate tax deductions offer homeowners a way to reduce their taxable income by deducting specific property taxes they’ve paid throughout the year. But not all property taxes qualify. Generally, deductible real estate taxes include state and local taxes levied uniformly for public benefit—such as those supporting schools, public safety, and road maintenance. These deductions can help offset the costs of homeownership by giving you a potential tax break come tax season.

General Conditions for Deductibility

To be deductible, property taxes must meet certain criteria:

  • Public Benefit Requirement: Deductible property taxes are usually those that go toward general public welfare, supporting essential services like infrastructure, education, and emergency services within the community.
  • Uniform Taxation: The tax must be imposed at a consistent rate across all properties in the area, ensuring all homeowners are subject to the same rate.
  • Ownership Requirement: You must own the property and be responsible for paying the tax. If you’re paying on behalf of another property owner, those taxes aren’t deductible on your return.

By understanding these conditions, homeowners can better navigate which real estate taxes qualify and ensure they’re taking advantage of all possible deductions.

Section 2: Types of Deductible Property Taxes

When it comes to deducting real estate taxes, it’s essential to know which taxes are eligible and how they’re applied. Here’s a breakdown of the primary types of deductible property taxes and key criteria.

1. State and Local Real Property Taxes

State and local property taxes are among the most common deductible property taxes. These include annual taxes paid on primary residences, vacation homes, and even land. Deductible property taxes must be levied by a state or local government and used for the general public good, such as maintaining schools or infrastructure.

Local Benefit Taxes: Some local taxes, known as benefit taxes, fund specific property improvements like sidewalks, sewer lines, or street repairs. These taxes are only deductible if they’re used for maintenance, repair, or interest charges. Improvement costs, such as new construction or major upgrades, aren’t deductible as property taxes.

2. State and Local Personal Property Taxes

In addition to real estate, you can deduct certain taxes on personal property, like vehicles and boats. For these taxes to qualify, they must:

  • Be based on the value of the property, such as a vehicle’s appraised value.
  • Be charged annually, even if collected in more or less frequent intervals.

This type of tax deduction is particularly useful for homeowners who own valuable personal property beyond real estate.

3. Real Property Taxes Paid at Closing

If you’ve recently bought or sold a home, you may be able to deduct any real estate taxes paid at the time of closing. These can include prorated property taxes owed by either party from the date of the sale through the end of the tax year. However, any delinquent taxes owed by the seller are not deductible for the buyer, as they’re considered part of the property’s acquisition cost rather than a tax expense.

Understanding the distinctions between these deductible property taxes can help homeowners save on their tax bill, potentially reducing the overall cost of property ownership.

Section 3: Limits on Real Estate Tax Deductions

While real estate tax deductions can help ease the financial burden of homeownership, they are subject to specific limits. Understanding these limits is key to maximizing your potential tax savings without running afoul of IRS guidelines.

1. SALT Deduction Cap

Buygeg.com Are Real Estate Taxes Deductible

The Tax Cuts and Jobs Act (TCJA) implemented a cap on the state and local tax (SALT) deduction, which includes property taxes, state income taxes, and sales taxes. Starting in 2018, the maximum deduction you can claim for all state and local taxes combined is $10,000 if you’re filing as an individual, or $5,000 if you’re married and filing separately.

This SALT deduction cap means that even if you paid more than $10,000 in combined state and local taxes throughout the year, you can only deduct up to the capped amount. For homeowners in high-tax states, this limit may affect how much of your property taxes are deductible.

2. Standard Deduction vs. Itemized Deduction

To claim real estate tax deductions, you must choose to itemize your deductions rather than take the standard deduction. With the TCJA nearly doubling the standard deduction amounts (currently $14,600 for single filers and $29,200 for married couples filing jointly in 2024), many, if not most, homeowners find that the standard deduction is more advantageous than itemizing. However, if your itemized deductions—including property taxes, mortgage interest, and other eligible expenses—exceed the standard deduction, itemizing may provide a greater tax benefit.

3. Rental and Commercial Properties

If you own rental or commercial property, the rules around deducting property taxes differ.  Property taxes on these properties are substantially entirely deductible as an expense on your Schedule E (or equivalent). They are not limited by the SALT cap. However, it’s important to note that only property taxes paid during the tax year are deductible. Additionally, you cannot deduct unpaid property taxes that are delinquent or paid on behalf of another owner.

These limits highlight the importance of carefully calculating your total eligible deductions and assessing whether itemizing makes sense in your tax situation. By doing so, you can ensure that you’re maximizing your allowable real estate tax deduction within the legal limits.

Section 4: How to Claim Your Real Estate Tax Deduction

Once you’ve determined that your property taxes are deductible and understand the limits, the next step is claiming them correctly on your tax return. Follow these steps to ensure you’re accurately reporting your real estate tax deduction.

1. Gather Your Records

Start by collecting all property tax bills and statements for the year. This includes:

  • Annual Property Tax Bills: Most property taxes are paid on a semiannual or annual basis, and your bills will specify how much was paid.
  • Closing Statements: If you recently bought or sold property, your closing statement will detail prorated property taxes that are deductible.
  • Escrow Account Statements: If your property taxes are paid through an escrow account, your mortgage lender will provide a Form 1098, which breaks down the amount paid on your behalf.

Having these documents on hand will help ensure you’re claiming the correct amount.

2. Determine Eligibility for Itemizing Deductions

To claim a real estate tax deduction, you must choose to itemize your deductions on your tax return rather than taking the standard deduction. Itemizing allows you to list eligible expenses—including mortgage interest, charitable donations, and medical expenses—on Schedule A (Form 1040). If the total of your itemized deductions is greater than the standard deduction, itemizing can result in a lower tax bill.

3. Calculate the Deductible Amount

Total your deductible state and local taxes, including property taxes and any state income or sales taxes you plan to claim. Remember that your total deduction for all state and local taxes combined cannot exceed the $10,000 cap ($5,000 for married filing separately).

For rental or commercial properties, calculate the property taxes separately, as these are reported on Schedule E rather than Schedule A and are not limited by the SALT cap.

4. Complete IRS Schedule A (Form 1040)

Once you’ve gathered your information and confirmed your itemized deductions exceed the standard deduction, it’s time to complete Schedule A. List the total of your property taxes along with other deductible taxes in the section for state and local taxes. Schedule A will automatically calculate the deduction amount for you, factoring in the SALT cap.

5. Review and File Your Return

Double-check your entries to ensure accuracy, especially the amounts listed on your property tax bills and escrow statements. Errors in your deduction amounts could lead to complications with the IRS or even an audit. If in doubt, consider consulting a tax professional for added assurance.

Section 5: Strategies for Maximizing Real Estate Tax Deductions

With the limitations imposed by the SALT cap and other IRS regulations, maximizing your real estate tax deduction requires thoughtful planning. Here are some strategies to consider that may help you get the most out of your deduction.

1. Consider Prepaying Property Taxes

If you anticipate being below the $10,000 SALT cap in a given year, you might choose to prepay a portion of the next year’s property taxes to maximize your deduction for the current year. While this won’t increase the cap, it can allow you to claim additional deductible expenses within the same tax year. Note, however, that this strategy only works if your local tax authority permits early payment and if the taxes are assessed in that year. Consulting with a tax professional can clarify whether this is a good fit for your situation.

2. Explore Other State and Local Deductions

Beyond real estate taxes, the SALT deduction covers state income and sales taxes as well. If your total state and local tax payments remain under the cap, consider itemizing both state income and sales taxes (if you live in a state without income tax). Choosing between the two—state income or sales tax—based on your spending patterns may maximize your SALT deduction.

3. Look Into Energy-Efficiency Tax Credits

While not directly related to real estate taxes, federal and state energy efficiency credits can provide additional tax relief for qualifying homeowners. For example, installing energy-efficient windows, doors, solar panels, or other renewable energy sources may earn you tax credits. These credits reduce your overall tax liability dollar for dollar and can supplement your property tax savings.

4. Research State-Specific Property Tax Relief Programs

Some states offer property tax relief programs, particularly for senior citizens, veterans, and homeowners with low income. Programs vary by state but can include property tax reductions, exemptions, or rebates. Checking for available state-specific relief programs may allow you to reduce your property tax burden directly, effectively lowering the amount you owe before deductions.

5. Consider Mortgage Interest Deduction Benefits

If you’re paying a mortgage on your property, the mortgage interest deduction can work in tandem with your property tax deduction to maximize your tax savings. This deduction applies to mortgage interest on loans up to $750,000 and is particularly beneficial for homeowners with larger mortgage balances or higher interest rates. Like the property tax deduction, it’s claimed on Schedule A and can further increase the benefit of itemizing deductions.

6. Keep Detailed Records for Potential Future Audits

Maximizing deductions often requires meticulous record-keeping. Retain copies of your property tax bills, payment receipts, escrow statements, and any related documentation. By maintaining accurate records, you can ensure that all your deductions are supported, reducing the risk of issues if the IRS requests additional information.

Using these strategies, you can make the most of your real estate tax deductions while staying within IRS guidelines. Careful planning can help you balance between deductions, credits, and state-specific programs to reduce your taxable income and boost your savings.

Section 6: Understanding When the Standard Deduction May Be Better

When it comes to deducting property taxes, homeowners must decide whether to itemize their deductions or take the standard deduction. The choice depends on which option offers greater tax savings, especially given recent changes in tax law that raised the standard deduction significantly. Here’s what to consider when deciding between itemizing and taking the standard deduction.

1. Know the Standard Deduction Amounts

For the 2024 tax year, the standard deduction is set at:

  • $14,600 for single filers; and
  • $29,200 for married couples filing jointly.

These amounts are adjusted yearly for inflation, meaning that they could increase over time. If your itemized deductions—including property taxes, mortgage interest, charitable donations, and other eligible expenses—don’t exceed this amount, taking the standard deduction is generally more beneficial.

2. Consider the SALT Cap Limit

Since the Tax Cuts and Jobs Act, the SALT deduction (for state and local taxes, which includes property taxes) is capped at $10,000 ($5,000 if married filing separately). This cap is especially limiting for taxpayers in high-tax states or with high-value properties, making it difficult for many to exceed the standard deduction threshold with property taxes alone.

If your total state and local taxes reach the $10,000 limit, adding other itemized deductions, like mortgage interest and charitable donations, might help you surpass the standard deduction. However, if these additional deductions still don’t add up to more than the standard deduction, itemizing may not be worth it.

3. Itemized Deductions Beyond Property Taxes

To maximize itemized deductions, consider other allowable expenses in addition to property taxes. These include, in 2024:

  • Mortgage interest on loans up to $750,000.
  • Charitable contributions to qualified organizations.
  • Medical expenses exceeding 7.5% of your adjusted gross income (AGI).

In cases where these combined expenses exceed the standard deduction, itemizing can be worthwhile. For homeowners with minimal mortgage interest or charitable contributions, however, the standard deduction will likely provide a greater tax benefit.

4. Evaluate Financial Changes Year to Year

Homeownership, marital status, changes in income, and health expenses can all impact your deductions from year to year. For example, if you make a significant charitable donation or incur high medical expenses, itemizing may make more sense that year. Similarly, if you pay off your mortgage or have fewer large deductions, switching to the standard deduction could be more advantageous.

5. Seek Professional Tax Advice

Tax law is complex, and choosing between itemizing and the standard deduction can be nuanced, particularly for homeowners. Consulting a tax professional can help clarify your options based on your unique financial situation, including state-specific tax credits, changes in property taxes, or financial circumstances that might shift the balance in favor of one option over the other.

6. Re-evaluate Annually

The standard deduction and itemized deductions should be reviewed each tax season, as they can vary year to year based on both personal finances and changes in tax law. By reassessing your deduction options annually, you’ll ensure that you’re making the most tax-efficient choice for your current circumstances.

Choosing between the standard deduction and itemizing is a crucial decision for homeowners aiming to minimize their tax liability. Evaluating your total eligible expenses, keeping an eye on changes in tax law, and staying informed about your options can help you make the best choice each year and maximize your savings.

Section 7: Tips for Maximizing Property Tax Deductions

For homeowners who decide to itemize and deduct property taxes, there are ways to maximize your deduction and make the most of what tax benefits are available. Here are some strategic tips for leveraging property tax deductions to your advantage.

1. Consider Prepaying Property Taxes

If you’re approaching the $10,000 SALT limit but haven’t yet reached it, prepaying property taxes for the following year may help you maximize your deduction for the current tax year. By paying early, you could increase your deductible amount in a high-tax year. However, consult a tax professional before doing this to ensure it aligns with IRS regulations and your financial goals.

2. Track Eligible Personal Property Taxes

Beyond real estate taxes, some personal property taxes may be deductible. For instance, you may be able to deduct taxes on vehicles or boats, as long as these taxes are based on value and levied annually. Keeping accurate records of these additional taxes can help you increase your total deduction amount.

3. Maximize Other Itemized Deductions

Since the SALT cap applies to total state and local taxes, it’s important to think holistically about all itemized deductions. Maximize other deductions, such as mortgage interest and charitable contributions, to make sure your itemized deductions exceed the standard deduction. Planning for other deductible expenses can increase the value of itemizing overall.

4. Explore State Tax Credits and Exemptions

If you are in a state that has a state income tax, some of those states offer tax credits or exemptions for certain homeowners, such as those with low income or specific needs (e.g., veterans, elderly homeowners, or people with disabilities). Check with your state’s tax department to see if you qualify for additional state tax benefits that could reduce your overall tax burden or allow you to save more on property taxes.

5. Separate Deductible and Non-Deductible Expenses

Some property-related fees that appear on your tax bill, like charges for trash collection or water services, are not deductible. Separating these costs from deductible property taxes helps ensure you claim only the eligible expenses and avoid potential issues with the IRS. Reviewing your tax bill carefully and itemizing your deductions correctly are key steps.

6. Save All Relevant Documentation

The IRS may require proof of payment for deductions, so keep organized records of all tax payments made throughout the year. This includes property tax bills, receipts, and escrow statements if you pay property taxes through an escrow account. Having all the necessary documents at hand will make the filing process smoother and reduce the chance of errors.

7. Consult a Tax Professional for Complex Cases

If you’re a homeowner with complex finances, large deductions, or a mixture of eligible and ineligible property taxes, a tax professional can provide valuable guidance. They can help you navigate regulations and changes in tax law, ensuring you maximize your deductions while remaining compliant with IRS rules.

8. Evaluate the Benefits Each Year

Since tax laws and your financial situation can change from year to year, it’s wise to evaluate your deductions annually. Some years, the standard deduction may offer better savings, while in others, itemizing may be the more advantageous choice. By reassessing yearly, you ensure that you’re taking the most beneficial approach for your current tax situation.

By employing these tips, you can make the most of your property tax deductions and optimize your savings each tax season. Keeping records, staying informed, and consulting with professionals when necessary are all steps that can help homeowners take full advantage of the deductions available to them.

Section 8: Common Mistakes to Avoid When Claiming Property Tax Deductions

Navigating property tax deductions can be complicated, especially with the restrictions imposed by the SALT cap and the nuanced rules about what qualifies as deductible. Here are some common mistakes homeowners make when claiming property tax deductions, along with tips on how to avoid them.

1. Deducting Non-Deductible Property Charges

Many homeowners mistakenly assume all charges on their property tax bill are deductible, but this is not the case. Fees for services like trash collection, water, or special assessments for local improvements (e.g., sidewalk construction or park maintenance) are non-deductible. Only taxes levied on the property for the general public welfare are deductible, so be careful to separate eligible and ineligible charges.

2. Deducting Property Taxes Without Itemizing

The property tax deduction is only available to those who itemize deductions. If you claim the standard deduction, you cannot also claim property taxes. Before deciding to itemize, calculate whether the total of your itemized deductions exceeds the standard deduction for your filing status to ensure you’re maximizing your savings.

3. Forgetting the SALT Deduction Cap

Since 2018, the Tax Cuts and Jobs Act limits the deduction for state and local taxes (SALT) to $10,000 ($5,000 for married couples filing separately). Homeowners sometimes overlook this cap and attempt to deduct the full amount of property taxes paid. If your state and local taxes exceed the cap, you can only deduct up to the SALT limit, which includes property, income, and sales taxes.  If you are in a state that doesn’t have a state income tax (e.g., Washington, Alaska, South Dakota, Nevada, Florida, Texas, Tennessee, Wyoming), this will not be as big of a concern unless you live in a state with high property taxes (e.g., New Jersey, Illinois, New Hampshire , Vermont, Connecticut, Texas, and Wisconsin), or have a very expensive house. If you live in a high tax state like New York or California, particularly in a high cost of living area like New York City or any major city in California, the SALT deduction cap may be a concern.

4. Misunderstanding Escrow Payments

If you pay property taxes through an escrow account, only the actual amount disbursed by the lender to the tax authority is deductible—not the amount paid into escrow. Review your annual mortgage statement or Form 1098 to confirm the amount your lender paid on your behalf, and use that figure to avoid overstating your deduction.

5. Claiming Previous or Unpaid Taxes

Deductions can only be taken for property taxes paid within the tax year. If you have unpaid taxes or pay a previous year’s delinquent taxes in the current tax year, those payments are not deductible. Make sure to only claim the taxes that you’ve actually paid during the tax year in question.

6. Overlooking Deductible Personal Property Taxes

Homeowners often overlook personal property taxes, such as those on vehicles or boats, if they are levied based on value and assessed annually. Including these eligible personal property taxes in your deduction can help you reach the SALT limit and increase your overall deduction, so be sure to review any additional personal property taxes you’ve paid.

7. Not Keeping Proper Documentation

Maintaining accurate records is essential for proving your deductions. Keep copies of all tax bills, escrow statements, and proof of payment in case of an IRS audit. Homeowners who fail to keep proper documentation may have trouble substantiating their deductions, which can result in denied claims or penalties.

8. Failing to Reassess Deduction Strategy Annually

Many homeowners assume that if itemizing worked one year, it will work again the next. However, changes in income, tax law, and property values can impact whether itemizing is still the best choice. Review your deductions annually to ensure you’re using the optimal tax strategy.

By being aware of these common pitfalls, you can ensure a smoother, more accurate tax-filing process and avoid potential issues with the IRS. Taking the time to review your property tax deductions carefully each year, staying informed on changing tax laws, and consulting with a tax professional as needed can help you maximize your deductions and minimize errors.

Conclusion

  • Summary:  Deductible real estate taxes can save money but requires careful planning.
  • Taxes are complicated.   I am not a tax professional, just a professional real estate investor.  The information above may be outdated by the time you read it.  It is important to consult a tax professional.  A tax professional can help you tailor deduction strategies, ensure compliance, and maximize savings.

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