Property Tax

State and local real estate taxes are deductible as itemized deductions on Schedule A and taxpayers generally deduct the larger of their itemized deductions or the standard deduction. If the taxpayer is not able to itemize and will be taking the standard deduction then for tax years beginning in 2008 only, an individual taxpayer's standard deduction for a taxable year is increased by the lesser of the amount allowable to the taxpayer as a deduction for state and local real estate taxes or $500 ($1,000 MFJ).

In Pennsylvania some senior citizens and certain others are eligible for a "Property Tax Rebate".

If the taxpayer received a state and/or local refund for taxes paid and ITEMIZED deductions he has to reclaim the deduction as income the following year.(to the extent it benefited him)

My question is if the taxpayer uses his property tax paid to increase the standard deduction this year and then receives a property tax rebate from the state, does he have to claim that as income the following year?

Reply to
George Anthony
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"George Anthony" wrote

One would think so. Obviously if the $500 ($1000 MFJ) were less than the actual tax paid, then the amount to be included in income the following year would be the lesser amount.

But, Congress isn't known to use common sense and logic in tax matters.

Reply to
Paul Thomas, CPA

If the recovery rule for an item which provided a Tax Benefit still holds, then it would generally be taxable.

But suppose the income following a $1000 increase to standard deduction is reduced to exactly zero and the exemptions would have wiped out taxable income even if the added standard deduction had never been claimed.

In that case the tax benefit of property tax is zero so a recovery of property tax should not be taxable.

Reply to
Arthur Kamlet

It appears that the 2008 taxes will have to be reworked without the increase in the standard deduction and the difference compared to the amount of the rebate. The lessor of the two amounts would then be included as a recovery in 2009. For most people eligible for the property tax rebate this should not exceed $150. Will be interesting to say the least.

George L Anthony

Reply to
George Anthony

"George Anthony" wrote

And a hearty "THANKS" to all the Congresscritters who voted for the Accountants Full Employment Act (the official title eludes me at the moment).

Reply to
Paul Thomas, CPA

Here's a prediction. When/if I see any new clients year after next whose returns were prepared by VITA, AARP, etc. odds are that the property tax will be added to the SD even though no benefit is achieved thereby, and especially in case of senior citizens whose SD and exemptions already cause negative taxable income.

So then, if you don't need it, don't use it.

ChEAr$, Harlan Lunsford, EA n LA

Reply to
Harlan Lunsford

True; all too true.

However I won't be increasing my fee just to add property tax to the standard deduction.

ChEAr$, Harlan Lunsford, EA n LA

Reply to
Harlan Lunsford

"Internal Revenue Code"

Seth

Reply to
Seth

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