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IRS Guidance on Prepaying Property Taxes

By
Real Estate Agent with Atlanta Communities Real Estate Brokerage GREC #208281

 

Prepaid State Taxes Most Likely not Deductible in 2017

 

Key Points

  • IRS Came Out with Guidelines
  • Property Taxes Need to Have Been Assessed Before They Can be Deductible
  • Very Few Municipalities Have Assessed Property Taxes for 2018
  • Very Few People Will be Able to Prepay and Deduct Their 2018 Taxes in 2017

 

I received several emails from past clients wanting to know if and how to prepay their 2018 property taxes in the next few days so that they can deduct the full amount in 2017.

Yesterday the IRS came out with some guidance.

I'm not a tax expert but I can read the words that the IRS put out.  Double check the interpretation with your own tax advisor.

It sounds like you can only prepay your 2018 taxes and deduct them in 2017 only if your municipality has actually assessed what the taxes will be.

Since most counties that I know of around Atlanta don't come out with their assessments until the spring or summer, you can't prepay 2018 taxes and have them be deductible in 2017.

Here's the complete notice that the IRS put out.

 

IR-2017-210, Dec. 27, 2017

WASHINGTON - The Internal Revenue Service advised tax professionals and taxpayers today that pre-paying 2018 state and local real property taxes in 2017 may be tax deductible under certain circumstances.
 
The IRS has received a number of questions from the tax community concerning the deductibility of prepaid real property taxes. In general, whether a taxpayer is allowed a deduction for the prepayment of state or local real property taxes in 2017 depends on whether the taxpayer makes the payment in 2017 and the real property taxes are assessed prior to 2018.  A prepayment of anticipated real property taxes that have not been assessed prior to 2018 are not deductible in 2017.  State or local law determines whether and when a property tax is assessed, which is generally when the taxpayer becomes liable for the property tax imposed.
 
The following examples illustrate these points.
 
Example 1:  Assume County A assesses property tax on July 1, 2017 for the period July 1, 2017 – June 30, 2018.  On July 31, 2017, County A sends notices to residents notifying them of the assessment and billing the property tax in two installments with the first installment due Sept. 30, 2017 and the second installment due Jan. 31, 2018.   Assuming taxpayer has paid the first installment in 2017, the taxpayer may choose to pay the second installment on Dec. 31, 2017, and may claim a deduction for this prepayment on the taxpayer’s 2017 return. 
 
Example 2:  County B also assesses and bills its residents for property taxes on July 1, 2017, for the period July 1, 2017 – June 30, 2018.  County B intends to make the usual assessment in July 2018 for the period July 1, 2018 – June 30, 2019.  However, because county residents wish to prepay their 2018-2019 property taxes in 2017, County B has revised its computer systems to accept prepayment of property taxes for the 2018-2019 property tax year.  Taxpayers who prepay their 2018-2019 property taxes in 2017 will not be allowed to deduct the prepayment on their federal tax returns because the county will not assess the property tax for the 2018-2019 tax year until July 1, 2018.
 
The IRS reminds taxpayers that a number of provisions remain available this week that could affect 2017 tax bills. Time remains to make charitable donations. See IR-17-191 for more information. The deadline to make contributions for individual retirement accounts - which can be used by some taxpayers on 2017 tax returns - is the April 2018 tax deadline.
 
IRS.gov has more information on these and other provisions to help taxpayers prepare for the upcoming filing season.

 

 

 

 

 

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About the Author:  Tim Maitski has been a full time Realtor since 1999. He has sold several hundreds of homes in areas around metro Atlanta.  Tim started with RE/MAX Greater Atlanta and is now with Atlanta Communities Real Estate Brokerage.

 

Along with blogging on ActiveRain, he provides one of the best real estate websites in Atlanta at www.HomeAtlanta.com .

 

His proprietary  "Maitski Line Reports" chart out the absorption rates over the past 14 years in 37 different market areas.  Know when it's a good time to buy or a good time to sell.    

 

His online Property Tax Calculator allows you to compare property taxes in many counties and cities around the Atlanta area.  He provides the Atlanta MLS Power Search Tool that allows searches of homes using over 35 specific criteria.

 

Over the years, Tim has optimized his business so that he now can offer a huge 50% commission rebate to his buyers.  The more experience one gets, the easier the job becomes.

 

Tim also has a "Five Days to Sold" System that uses an intensive marketing blitz to create a showing frenzy that creates urgency and offers.

 

Tim is always looking to LinkIn with anyone who is interested in building their social network.

 

View Tim Maitski ●Atlanta Realtor●'s profile on LinkedIn

Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Tim Maitski ,

Good point and good article. I've been getting asked this same question. In county estmated taxes are sent out the end of March the first of April. They assess what houses are worth on January 1st. We have until May 31st to dispute our assessment. The property taxes are sent out the end of October or the first of November to be paid by Dec. 31st if you want to deduct them that year on your income tax. Not delinquent until January 31st of the next year but would have to use that deduction on your income tax of the next year. We can not pay our taxes early because we don't have a value yet! Good post..I like the links to the IRS.

Dec 28, 2017 05:07 AM
Tim Maitski

Dorie,


It's a shame that the news stories continue to show the lines of people trying to prepay their taxes but they don't bother to really try to explain what the IRS put out.  They leave people confused by telling them to talk to their CPA.

Dec 28, 2017 08:28 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

AS always any real change gets all muddled up by the IRS

Dec 28, 2017 07:25 AM
Tim Maitski
Atlanta Communities Real Estate Brokerage - Atlanta, GA
Truth, Excellence and a Good Deal

At least they came out with some guidance.  

Dec 28, 2017 08:26 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

That's very good information for folks who may be confused about this issue.

Dec 28, 2017 10:40 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Hi Tim, Thanks for posting the new IRS guidelines about property taxes.  There always seems to be some type of questions about these taxes.

Dec 28, 2017 10:28 PM