Aurora, CO asked in Tax Law for Colorado

Q: With the new tax bill, is it true I can only write off $10,000 of my property taxes now? What if I paid more than that?

Related Topics:
2 Lawyer Answers
Timothy Canty
Timothy Canty
Answered
  • Tax Law Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: It's true. Property tax, sales tax and state tax deduction cannot exceed $10,000.00 per year. You may be able to deduct more property tax than that in 2018 (though not sales or income tax) if you pre-paid taxes in 2017.

D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Licensed in Colorado

A: Yes the new tax laws limit the itemized deduction of sales tax or income tax, and property tax to $10,000. If you paid more than that amount the remainder of the amounts paid will simply not be allowed as a deduction.

Also, be aware that if you pre-paid 2018 property taxes so that you could deduct them in 2017, since there's no limit, your prepayment may not be allowed if the tax was not assessed. The IRS has already stated that they will be challenging prepayments where the tax was an estimate and not assessed.

The $10,000 cap is for individual Sch A Itemized Deductions and does not affect deductions for property taxes paid on business property under IRC 162.

Now is a fantastic time to see a tax attorney since we're all looking for ways around this cap. Especially if your CPA says there's nothing you can do about it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.