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TheBlackAdder

(28,211 posts)
Wed Dec 27, 2017, 12:28 PM Dec 2017

After Trump signs misleading law raising local taxes, people prepay taxes. How does it work?

.

After Trump signs misleading law raising local taxes, town officials thank him for ‘solving cash flow problem’


Some local officials have found a silver lining in a Republican tax law that lavishes benefits on the wealthy while raising local and state taxes in some Democratic-leaning states.

The Wall Street Journal reported this week that residents are lining up in places like Cherry Hill, New Jersey to pre-pay 2018 taxes before the Republican tax law caps local deductions at $10,000.

Hundreds more stood in line Fairfax County, Virgnia and Montgomery County, Maryland, according to the paper.

Officials in Montgomery County even passed special legislation allowing residents to pay their taxes early.



https://www.rawstory.com/2017/12/after-trump-signs-misleading-law-raising-local-taxes-town-officials-thank-him-for-solving-cash-flow-problem/


How does this work?

They mention state & local taxes, but what kind are involved?

.
39 replies = new reply since forum marked as read
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After Trump signs misleading law raising local taxes, people prepay taxes. How does it work? (Original Post) TheBlackAdder Dec 2017 OP
The new tax bill limits the property tax deduction gratuitous Dec 2017 #1
Not just property taxes. It limits ALL state and local taxes to a combined total of $10K. pnwmom Dec 2017 #22
That's correct gratuitous Dec 2017 #25
Lol you can't prepay taxes at a lower rate!!! Takket Dec 2017 #2
that's not why people are prepaying. unblock Dec 2017 #4
You actually can Ms. Toad Dec 2017 #5
The law does not raise local taxes. former9thward Dec 2017 #3
Westchester Co. NY just couldn't get this done.... Historic NY Dec 2017 #6
How it works: no_hypocrisy Dec 2017 #7
Thanks. I was confused because it mentioned state taxes. TheBlackAdder Dec 2017 #8
My wife is a well-known tax lawyer; she's determined that you CAN'T legally pre-pay your taxes... brooklynite Dec 2017 #9
If it were allowed, I guess we would have heard of this as a yearly tax tip before now. TheBlackAdder Dec 2017 #14
She's right on state and local INCOME taxes. But there's no clause forbidding that progree Dec 2017 #18
I believe the IRS came out saying you need documentation stating the actual assessment. LiberalFighter Dec 2017 #29
The IRS announcement came out subsequent to my post... brooklynite Dec 2017 #30
The IRS released a statement clarifying the matter (with examples even)... PoliticAverse Dec 2017 #34
In California, we get our Property Tax bill usually in October with the first installment due politicaljunkie41910 Dec 2017 #39
How rich is someone who had to pay $16k in property tax? MichMan Dec 2017 #10
In NJ, it could be a $300K house in some towns. NJ Adjusted Poverty is $26K for a single person. TheBlackAdder Dec 2017 #13
The combination (sum) of state income tax and property tax is limited to $10,000 progree Dec 2017 #15
Quite easy in Illinois doodsaq Dec 2017 #17
Where does all the money go? MichMan Dec 2017 #24
Schools take a lot of them crazycatlady Dec 2017 #36
Yep. Our new reduced assessment puts us at $9800/year Freethinker65 Dec 2017 #33
I just saw a $699,000 house featured in Albany NY mainer Dec 2017 #26
Why are the taxes so high to begin with ? MichMan Dec 2017 #28
I agree with you. Some towns have ridiculously high tax rates mainer Dec 2017 #32
This caused by an unbalanced melm00se Dec 2017 #38
What is the annual income needed to buy a 700K home with 20k in annual property taxes ? MichMan Dec 2017 #31
Heres the article comparing $700,000 houses mainer Dec 2017 #35
You understand that tiny apartments in Brooklyn and Wieens cost more than your house but people buy bettyellen Dec 2017 #37
Officials: To (FL) residents rushing to pay 2018 property taxes before the new year, dont HAB911 Dec 2017 #11
Another reason for prepaying is that the federal marginal tax rates go down by 3 percentage points progree Dec 2017 #12
Here's an article on prepaying taxes progree Dec 2017 #16
Even if you can do that it's just a band-aid to this Trump tax SCAM.... Bengus81 Dec 2017 #19
That's true. This tip works for one year, and one year only. And only for property taxes progree Dec 2017 #20
BREAKING: IRS says 2018 property taxes are deductible only if assessed and paid in 2017 progree Dec 2017 #21
When buying a vehicle, the sales taxes won't be deductible Ilsa Dec 2017 #23
We just prepaid our 2018 property tax mainer Dec 2017 #27

gratuitous

(82,849 posts)
1. The new tax bill limits the property tax deduction
Wed Dec 27, 2017, 12:31 PM
Dec 2017

One provision of the new tax law is a limit of $10,000 on the property tax deduction. If you pay your property taxes before Dec. 31, and it's more than $10,000, you can deduct the entire amount on your 2017 taxes. You'll be limited to a $10,000 deduction on 2018 taxes.

Of course, this will be a temporary infusion of cash that will be curtailed in 13 months, but who looks that far ahead anymore?

pnwmom

(108,995 posts)
22. Not just property taxes. It limits ALL state and local taxes to a combined total of $10K.
Wed Dec 27, 2017, 08:19 PM
Dec 2017

So if you live in a state with high real estate taxes and high income and sales taxes, you're screwed.

gratuitous

(82,849 posts)
25. That's correct
Wed Dec 27, 2017, 10:38 PM
Dec 2017

But property taxes are the only one taxpayers can pre-pay. I guess that "local control" notion is a little more fungible than Republicans make it sound sometimes.

unblock

(52,323 posts)
4. that's not why people are prepaying.
Wed Dec 27, 2017, 12:38 PM
Dec 2017

state and local taxes paid in 2017 can be deducted from federal income taxes in 2017.
there's no cap on this deduction for 2017 (other than the limit of your adjusted gross income and possibly some alternative minimum tax effects)

however, there's a $10,000 limit on this deduction starting in 2018.

so if your state and local income taxes are more than that in 2018, it may be a good idea to prepay what you can (estimated state income taxes and/or local property taxes, e.g.) in 2017.

Ms. Toad

(34,088 posts)
5. You actually can
Wed Dec 27, 2017, 12:43 PM
Dec 2017

If you can't deduct them in 2018, you are effectvely pre-paying them at a lower rate if you pay them in 2017.

You are paying them with pre-tax money in 2017, rather than post-tax money if you pay them in 2018. That means that if you wait until next year, and you are in a 15% marginal tax bracket, you can pay $100 in taxes from your gross income this year (and owe no federal taxes on it this year), or pay it with $117.65 from your gross income next year. (The added $17.65 go to pay the additional federal taxes you will owe on the $100 next year.) As your marginal tax rate goes up, the cost of waiting until 2018 to pay them goes up more).

former9thward

(32,082 posts)
3. The law does not raise local taxes.
Wed Dec 27, 2017, 12:35 PM
Dec 2017

It limits their destructibility for high income tax payers. So if you prepay them in 2017 while the old law is still in effect you can deduct them fully.

no_hypocrisy

(46,190 posts)
7. How it works:
Wed Dec 27, 2017, 01:02 PM
Dec 2017

Let's say your property taxes (municipal, school, county) are $16,000 annually. If you pay next year, you can only deduct $10,000, leaving you with $6,000 added onto your wages, etc. which is then used to calculate how much federal tax you'll have to pay.

So, instead of adding $6,000 that not only did you NOT earn, but paid for already, you pay today -- or at least before 4:00 p.m. this Friday. You can pay the $6,000 or the full $16,000 (if you have it on hand). This way, you have a win/win for 2017-2018. For 2017, you have $32,000 deduction for the property taxes for two years ($16,000 x 2) and you won't have to pay extra federal tax on the balance of your municipal tax after deducting the $10,000 in 2018. And assuming Congress (either party) doesn't change Taxscam after 2018, the true impact would be felt for the tax year of 2019.

brooklynite

(94,729 posts)
9. My wife is a well-known tax lawyer; she's determined that you CAN'T legally pre-pay your taxes...
Wed Dec 27, 2017, 02:48 PM
Dec 2017

(and not for lack of trying).

Because you don't OWE your 2018 taxes yet (you can prepay any 2017 taxes that aren't due until next year), you're essentially making a gift or loan, rather than paying a liability. Therefore, while you State or locality may let you, they're not eligivle for a SALT deduction on next year's taxes.

progree

(10,918 posts)
18. She's right on state and local INCOME taxes. But there's no clause forbidding that
Wed Dec 27, 2017, 04:50 PM
Dec 2017

Last edited Wed Dec 27, 2017, 06:59 PM - Edit history (1)

for property taxes or sales taxes in the TCJA.

https://finance.yahoo.com/news/faq-can-prepay-taxes-2018-181936174.html

I saw an H&R Block article that said the same thing, but apparently didn't save it.

I've been paying my 4th quarter state income tax estimated tax payment in December rather than in January (January 15 is the due date in most years) so that I can deduct it from my federal this year rather than next year.

E.g. I paid 2016 4th quarter payment in late December 2016 rather than waiting for the January 15, 2017 due date, and therefore deducted it from my 2016 federal taxes. Although I realize that this is not the same thing as paying 2017 tax year taxes in 2016, since the January 15, 2017 payment (both federal and state) is considered Q4 2016 taxes.

On Edit: BREAKING: IRS says 2018 property taxes are deductible only if assessed and paid in 2017
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=10030106

LiberalFighter

(51,087 posts)
29. I believe the IRS came out saying you need documentation stating the actual assessment.
Wed Dec 27, 2017, 10:55 PM
Dec 2017

There can't be any guesstimate of the amount.

brooklynite

(94,729 posts)
30. The IRS announcement came out subsequent to my post...
Wed Dec 27, 2017, 11:00 PM
Dec 2017

...but the principle applies; you CANNOT prepay 2018 property taxes UNLESS your tax office has assessed them. You need to contact them directly to see if that's possible.

politicaljunkie41910

(3,335 posts)
39. In California, we get our Property Tax bill usually in October with the first installment due
Thu Dec 28, 2017, 12:54 AM
Dec 2017

November 10 and the second installment due April 10. (Each installment represents one-half of the total Tax Bill for the year. If you don't pay the first installment by the Nov 10th due date it's late and there is a 10% late penalty. You can pay your total Tax bill (both installments) by the November 10 date and be done with it. I have an impounds account, so my 1st installment has already been paid last month by my Mortgage holder. But if I choose to pay my 2nd payment before the end of December, I will get to claim 3 payments for 2017 since I would be claiming the April 2017 payment (officially the 2nd installment from the prior year, plus my Nov 2017th and April 2018th payment. I expect my State Taxes to be less in 2017 because I retired in January of this year and only had one month of income in 2017, and I don't plan to start drawing my retirement benefits until June of 2018.

I also am considering relocating in 2018 to either Georgia (where I already own a second home) or Florida. Both have state property taxes which are much lower than those in California, while Florida in addition has no state income taxes. I'm looking for a beach condo in Florida that I can rent out most of the year and it can pay for itself. I will also be able to claim almost 100% of my rental expenses including Mortgage interest, Taxes and Insurance, HOA Fees, Cleaning fees, Depreciation and Utilities if I use it less than 14 days a year. If I use it more I can only write off a prorata share of the expenses. I would like to be able to use it at least 14 days (2 separate weeks during the offseason) since the beaches are less crowded during that time anyway and that's my favorite time to go, and that way I can maximize my rental income. I can't imagine living at the beach 100% of the time, but I'd like to have a place at the beach where we can visit with our kids and family, and we can pass it on to our children and my grandchildren as a family business.

MichMan

(11,972 posts)
10. How rich is someone who had to pay $16k in property tax?
Wed Dec 27, 2017, 02:56 PM
Dec 2017

I can't imagine how expensive a house you would own to have to pay $16k in taxes each and every year.

Then to have so much extra cash to be able to prepay it a whole year ahead of time.

Why should we be concerned with rich people's deductions? Is it because they live in blue states?

progree

(10,918 posts)
15. The combination (sum) of state income tax and property tax is limited to $10,000
Wed Dec 27, 2017, 04:08 PM
Dec 2017

that's not that rich though it is well above median.

doodsaq

(120 posts)
17. Quite easy in Illinois
Wed Dec 27, 2017, 04:16 PM
Dec 2017

You can easily exceed the 10K limit for property and state tax with a modest home in the Chicago area.

MichMan

(11,972 posts)
24. Where does all the money go?
Wed Dec 27, 2017, 10:26 PM
Dec 2017

My entire mortgage payment and property taxes combined aren't even 12K a year. I don't ever come even close to itemizing at tax time.

Don't understand how the services in other states require over 5x more in property taxes than what we receive here in our state. Are the streets paved in gold?

crazycatlady

(4,492 posts)
36. Schools take a lot of them
Wed Dec 27, 2017, 11:42 PM
Dec 2017

Westchester County, NY (mentioned above) has insane property taxes. They also have more school districts than the state of Maryland.

I grew up (and went to public school there) there in a town of about two square miles (about 6000 population then). There were 4 other school districts within 5 miles of me. Each high school class graduated about 100.

mainer

(12,029 posts)
26. I just saw a $699,000 house featured in Albany NY
Wed Dec 27, 2017, 10:48 PM
Dec 2017

and its property taxes were around $20,000 a year.

A similarly priced house in Alabama had property tax of around $3,000 a year.

Yes, blue states are getting screwed.

MichMan

(11,972 posts)
28. Why are the taxes so high to begin with ?
Wed Dec 27, 2017, 10:52 PM
Dec 2017

Is the level of services so outstanding that people feel like they are getting what they pay for ? I honestly can't understand why someone with a 700K home who was OK with a 20K annual property tax would get that bent out of shape about not being able to deduct all of it. Much less having enough extra cash around to want to prepay a year ahead of time.

I would be more angry as to why the tax was 20K a year in the first place. That is double what I pay for my entire house and taxes combined

mainer

(12,029 posts)
32. I agree with you. Some towns have ridiculously high tax rates
Wed Dec 27, 2017, 11:04 PM
Dec 2017

Add to that high assessed values and homeowners are hurting.
Here in Maine we deal with harsh winters that tear up roads, which need constant repair. We have small scattered communities which each need fire and police depts, leading to duplication of services. And we have no major industrial tax base.

melm00se

(4,995 posts)
38. This caused by an unbalanced
Thu Dec 28, 2017, 12:21 AM
Dec 2017

community. Bedroom communities don't have the high value/large commercial properties which can generate a lot more tax revenue than residential properties.

 

bettyellen

(47,209 posts)
37. You understand that tiny apartments in Brooklyn and Wieens cost more than your house but people buy
Wed Dec 27, 2017, 11:53 PM
Dec 2017

Them because rent is ALSO so darned much - 1500 for a studio, 2.5-3 k for a one bedroom... that they’re trying to build equity. The whole equation isn’t going to work do well, and no they’re not rich- we just spend more like 40-50% of income on housing here. When you grow up here, it’s normal and you don’t want to leave. But also salaries used to be higher here. Doesn’t seem the case anymore. The whole thing is untenable.

HAB911

(8,914 posts)
11. Officials: To (FL) residents rushing to pay 2018 property taxes before the new year, dont
Wed Dec 27, 2017, 02:58 PM
Dec 2017

Florida tax collectors want residents to know this: No, you cannot prepay your 2018 property taxes.

Tax collectors in communities nationwide are seeing a spike in people wanting to prepay their property taxes before 2018 — in an effort to take advantage of tax breaks that will soon be limited under the new federal tax law that goes into effect Monday.

In Pasco County, Tax Collector Mike Fasano estimates that in the past week, his offices have received nearly 100 inquiries from residents who want to know if they can pay now.

The Florida Tax Collector’s Association released a memo Friday in an attempt to clear up the confusion.

http://www.tampabay.com/news/business/personalfinance/Officials-To-residents-rushing-to-pay-2018-property-taxes-before-the-new-year-don-t-_163944129

progree

(10,918 posts)
12. Another reason for prepaying is that the federal marginal tax rates go down by 3 percentage points
Wed Dec 27, 2017, 03:13 PM
Dec 2017

Last edited Wed Dec 27, 2017, 06:58 PM - Edit history (2)

for those in the 15% and 25% marginal tax brackets in 2017 will be in the 12% and 22% tax brackets respectively in 2018. (Roughly speaking - it's not a perfect match on the income brackets)

So for people in these tax brackets, a deduction in 2017 saves more than one in 2018.

Example: I have about $1,000 property taxes.

I'm in the 15% tax bracket in 2017. If I deduct the $1,000 in 2017, it saves me $150 in federal taxes.

But If I deduct the $1,000 in 2018, I save only $120. So I'm $30 better off paying it in 2017.

I am nowhere close to being affected by the $10,000 limitation on the combination of state income tax and property taxes that begins in 2018. For those that are, that would be a huge incentive to prepaying.

Note however, you canNOT prepay 2018 state income taxes in 2017 -- the TCJA expressly forbids that. Well, you can, but you can't claim it as a deduction on your 2017 taxes.

But the TCJA doesn't have a prohibition on pre-paying 2018 property taxes in 2017 and deducting it on the 2017 taxes.

All of the above advice applies only to people who itemize their deductions. From a taxes standpoint, it would be pointless for the 70% who don't itemize (and thus take the standard deduction) to prepay anything.

As a special category, some people might itemize in 2017 but not in 2018 because of the near-doubling of the standard deduction (who don't have enough itemized deductions to exceed the new higher standard deduction). Those people would also benefit from prepaying everything they can in 2017. Including like accelerating charitable giving -- give more in 2017 and correspondlingly less in 2018.

On Edit: BREAKING: IRS says 2018 property taxes are deductible only if assessed and paid in 2017
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=10030106

progree

(10,918 posts)
16. Here's an article on prepaying taxes
Wed Dec 27, 2017, 04:14 PM
Dec 2017

I've only glanced at it, but it looks like good info. It also shows the clause in the TCJA about disallowing deducting a 2017 prepayment of 2018 state income taxes. (There's no equivalent clause regarding prepayment of property taxes or sales taxes)

https://finance.yahoo.com/news/faq-can-prepay-taxes-2018-181936174.html

“…an amount paid in a taxable year beginning before January 1, 2018, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2017, shall be treated as paid on the last day of the taxable year for which such tax is so imposed.”


On Edit: BREAKING: IRS says 2018 property taxes are deductible only if assessed and paid in 2017
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=10030106

Bengus81

(6,932 posts)
19. Even if you can do that it's just a band-aid to this Trump tax SCAM....
Wed Dec 27, 2017, 04:54 PM
Dec 2017

The same limit's will be there the next year and the one after that. Looks like many in the middle to upper middle class learned this was a Republican SHAFTING very early on.

progree

(10,918 posts)
20. That's true. This tip works for one year, and one year only. And only for property taxes
Wed Dec 27, 2017, 06:28 PM
Dec 2017

(one is not allowed to prepay 2018 state INCOME taxes in 2017 and deduct it on 2017 federal taxes -- the TCJA has specific language about that -- 20XX state INCOME taxes may only be deducted in 20XX taxes).

“…an amount paid in a taxable year beginning before January 1, 2018, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2017, shall be treated as paid on the last day of the taxable year for which such tax is so imposed.”

https://finance.yahoo.com/news/faq-can-prepay-taxes-2018-181936174.html

Although there might be other reasons for pre-paying property taxes in the future (beyond this 2017-2018 special situation stuff), e.g. if in 2020 one thinks their income will be substantially lower in 2021 then in 2020 (and thus in a lower tax bracket), then (if they itemize), they would likely be better off paying and deducting 2021 property taxes in 2020. And accelerating their other deductions as much as they can.

On Edit: BREAKING: IRS says 2018 property taxes are deductible only if assessed and paid in 2017
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=10030106

progree

(10,918 posts)
21. BREAKING: IRS says 2018 property taxes are deductible only if assessed and paid in 2017
Wed Dec 27, 2017, 06:51 PM
Dec 2017
https://finance.yahoo.com/news/irs-says-2018-property-taxes-214940735.html

The IRS said Wednesday that people can deduct their 2018 state and local property taxes only if they were assessed and prepaid during 2017.

The guidance comes after President Donald Trump last week signed into law sweeping tax reform legislation that caps how much in property taxes people can deduct.

The key development from the IRS statement Wednesday is that people can only deduct prepaid property taxes that have already been assessed by local governments. Prepayments of anticipated property taxes will not be deductible.

The tax law will allow taxpayers to claim a deduction of up to $10,000, reflecting a combination of state and local income and sales taxes, plus property taxes.


No more at link. Short article.

Ilsa

(61,698 posts)
23. When buying a vehicle, the sales taxes won't be deductible
Wed Dec 27, 2017, 10:01 PM
Dec 2017

for anyone at the $10k limit. I bet car dealerships are wondering how they can compensate, or if they can compensate.

Can I form a corporation with no purpose other than to pass through losses?

mainer

(12,029 posts)
27. We just prepaid our 2018 property tax
Wed Dec 27, 2017, 10:51 PM
Dec 2017

Our town office was very happy to get the money.

They get use of it a year early. We get to deduct it from this year’s income.

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