Menifee, CA asked in Tax Law for New York

Q: How are real estate taxes claimed as a deductible in regard to a sold inherited rental property?

Inherited rental commercial property sold in 2019. Its 2019 Rent income received prior to sale. Past due taxes in total, inclusive of 2019 taxes, were paid at closing. When filing 2019 Estate tax returns for 2019, which is also Final Return, should these real estate taxes be claimed as deductible against rental income received in 2019 or against 2019 Gross Sale amount? Long-Term Capital Gains need to be calculated at stepped-up value, but I thought calculation for capital gains for the beneficiaries on sale should not include the payment of real estate taxes. Also, some of the taxes paid at closing were for previous years. Is there an adjustment that needs to be made to apply taxes paid respective of their specific year, or does it just matter in which year the taxes were paid? Thank you.

Related Topics:
1 Lawyer Answer

A: Property taxes related to a business are deducted in the year paid.

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.