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CA Franchise Tax Board Expected to Crack Down on Property Tax Payers Starting Next Year

By
Real Estate Agent with HomeSmart, Evergreen Realty

CA PROPERTY TAXES 

California government is expected to crack down next year - for tax year 2012 - on property tax payers who have been taking the entire amount they pay as deduction from California state income taxes.

Starting with 2012 tax bill (the one due in April 2013), the CA state Franchise Tax Board (re income tax) will require property owners to break down their property taxes into deductible and non-deductible portions.

Income tax deductibility

So property owners who have been deducting their Mello-Roos fees and school bond fees (which are sometimes very large in amount) will no longer be able to deduct those or any other special assessments, such as vector control or mosquito abatement.

The difference between deductible and non-deductible property taxes and assessments on California income tax returns is not new.  Mello-Roos fees, which pay for roads, schools, fire stations and other public facilities in new developments, have not been deductible from state income taxes since the legislature authorized the special assessments 30 years ago.

This change will probably make some Orange County CA property owners nervous.  Many home developments at South Orange County had public amenities paid through Mello-Roos bond districts.  

Home and property owners will not be able to use these special assessment payments as CA state income tax deductions starting for this tax year 2012 - for California income tax filings starting January 1, 2013.  

Home Buyers Should Know

California property buyers or owners should consult with an experienced income tax professional or attorney about their own situation - possible CA income tax deductibility for buying and owning real estate in California.

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This is for information only and not the providing of legal or tax services.  If you are a California property buyer or owner, you should consult with an experienced income tax professional or attorney about your own situation - buying and owning real estate in California.

HARRISON K. LONG – REALTOR® and broker associate, GRI – Coldwell Banker Residential Brokerage – 949-854-7747 (phone) – ExploreProperties@gmail.com (email) – CA DRE 01410855 – SFR short sale and foreclosure resource certified by the National Association of REALTORs® – now serving as an appointed director at California Association of REALTORs® – attorney member of the California State Bar Association #69137

Please contact us about listing and sale of ORANGE COUNTY CA homes and real estate. ~ Professional REALTOR® agent representation and help for property owners, private trust estate representatives, estate administrators, executors and heirs, probate and trust attorneys, estate planners, income tax professionals, public guardians, fiduciaries, investor group managers, bankers, and individuals, with listing and sale of properties at Orange County, CA

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JRSEO Marketing
JRSEO Marketing, LLC. - Marketing Experts (800) 959 - 0182 - San Diego, CA

Thank you good information and helpful…

Jan 14, 2012 07:45 AM
AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

It sounds like a lot of people aren't going to be too happy in a year when they do taxes.  Thanks for the information, I wasn't aware that California had a non deductible portion to the property taxes there.

Jan 14, 2012 09:38 AM
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Harrison, the requirement to itemize special assessments and property taxes is important to know.  Good info!  Brian

Jan 14, 2012 11:24 AM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Brian ... Thanks for your positive comment.  I like it when Realtors and real estate professionals like us help each other out from time to time.  Best wishes for your 2012.

Jan 14, 2012 12:34 PM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

AJ ... Thanks for your comment.  Californians who own property and pay property taxes and assessments get their bills broken down into categories - primary part of that is tax on assessed value of the property.  Other parts of the billing include the 1915 School Bond special asessment and the Mello-Roos special assessment.  This Mello-Roos assessment was authorized by law during 1986 and has not been deductible from CA income tax returns.  However, that CA income tax rule hasn't been enforced, and many people have been deducting the Mello-roos payments.  So the CA government plan to enforce this will probably cause some unhappiness with filing of 2012 state tax returns next year.

Jan 14, 2012 12:42 PM
Doug Bullwinkel
E Mortgage Capital, Inc. NMLS 1416824 - Roseville, CA
Mortgage Loan Officer NMLS #281609

I knew this was coming.  For the past several years they have been sending out infomation on this.  I guess that day is finally here. 

Jan 23, 2012 07:22 PM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

Doug ... You're right that the day has probably arrived for CA to disallow income tax deductions for Mello Roos and other special assessment payments.

Jan 24, 2012 09:15 AM
Harrison K. Long
HomeSmart, Evergreen Realty - Irvine, CA
REALTOR , GRI, Broker associate, Attorney

The CA State Franchise Tax Board is checking up on taxpayers for their Mello-Roos payments as not allowed deductions.  If you pay Mello Roos, you will lose the deduction.  The maximum State Tax Rate is about 9.3% - so if you pay $5,000 it will cost you an additional $465.   Further challenge is that CA state and IRS at FED level interact with each other.

Feb 03, 2012 07:27 PM