Can I take a tax deduction for state and local tax on my tax return?

There are four types of non-business tax that you can deduct on your tax return:
State tax, local tax, and foreign income tax;
Sales tax;
Real estate tax; and
Personal property tax.

To be tax deductible on your tax return a tax must be charged to you and you must have paid it during your tax year. Tax may be claimed only as an itemized tax deduction on Form 1040, Schedule A.

Tax

You CAN deduct the 
following taxes

You CANNOT deduct the following taxes

Income Tax State and local income tax.
Foreign income tax.
Employee contributions to state funds listed under State benefit funds.
Federal income tax.
Employee contributions to private or voluntary disability plans.
Real Estate Tax State and local real estate tax.
Foreign real estate tax.
Tenant's share of real estate tax paid by cooperative housing corporation.
Tax for local benefits.
Trash and garbage pickup fees.
Rent increase due to higher real estate tax.
Homeowners association charges.
Personal Property Tax State and local personal property tax. Import duties.
Sales Tax State and Local sales taxes are deductible provided you make the election on Schedule A, line 5, to claim them in lieu of State and Local income taxes.
Other Tax Tax that is an expense of your trade or business.
One half of self employment tax paid.
Tax on property producing rent or royalty income.
Occupational tax.
Taxes on alcoholic beverages, cigarettes, and tobacco. Taxes on gasoline, diesel, and other motor fuels used in a non-business vehicle. Federal social security (FICA), railroad retirement, gift, and excise taxes or customs duties.
Per capita taxes. (See IRS Publication 17 for details.)
Fees and Charges Fees and charges that are expenses of your trade or business or of producing income. Fees and charges, such as those for driver's, hunting, fishing, or dog licenses; fines and penalties; or water, sewer, and utility taxes or bills, generally are not tax deductible. (See IRS Publication 17 for details.)

State income tax and local income tax
State income tax and local income tax and property tax are federal income tax deductible in the tax year paid on your tax return. Because of the flexibility allowed in many states, it is often possible to choose the tax year in which a tax is paid and a tax deduction is received on your tax return. State and local income tax withheld from your wages during the tax year are tax deductible on your tax return and appear on your Form W-2. The following amounts are also tax deductible on your tax return:

Any estimated tax you paid to state or local governments during the tax year;
Any payments you made with last tax year's state tax return or local tax return; and
Any prior tax year's state income tax or local income tax you paid during the tax year.

You may want to pay the final installment of your current year's state estimated income tax (or pay an additional amount of estimated tax, up to the total expected tax liability) in the current tax year so you can deduct the amount on your tax return this tax year.

Real estate tax
Tax deductible real estate tax is generally any state tax, local tax, or foreign tax on real property. The tax must be charged uniformly against all property and must be based on property value. The tax can be deducted on your tax return. Many states and counties also impose local benefit tax for improvements to property, such as assessments for streets, sidewalks, and sewer lines. These taxes cannot be deducted on your tax return. However, you can increase the cost basis of your property by the amount of the  assessment. See IRS Publication 551, Basis of Assets, for more information. Local benefits are tax deductible on your tax return if they are for maintenance or repair, or interest charges related to those benefits.

If a portion of your monthly mortgage payment goes into an escrow account, and periodically the lender pays your real estate tax out of the account to the local government, do not deduct the amount paid into the escrow account on your tax return. Only deduct the amount actually paid out of the escrow account during the tax year to the tax authority on your tax return. The amount paid in tax to the local tax authority should appear on the mortgage interest statement you receive from your lender.

Personal property tax
Tax deductible personal property tax are only those based on the value of personal property such as a boat or car. To be tax deductible on your tax return the tax must be charged to you on a yearly basis, even if it is collected more than once a tax year or less than once a tax year.

Foreign tax
Generally, you can take either a tax deduction or a tax credit for foreign income tax on your tax return. For information regarding the foreign tax credit, refer to Tax Topic 856.

State benefit funds
As an employee, you can deduct on your tax return mandatory contributions to state benefit funds that provide protection against loss of wages.

Generally, you can deduct on your tax return only tax that is imposed on you. Thus, you cannot deduct real estate tax on your tax return that you pay for a parent.

 Related tax information about deducting taxes on your tax return
Itemized Tax Deductions Directory
IRS publications about deducting tax on your IRS tax return:
For additional information on deductible tax, refer to Tax Topic 503. For more information on non-business deductions for tax, see the Form 1040 instructions or IRS Publication 17, Your Federal Income Tax.
 Ask Julian Block your IRS and tax questions!
If you can't find the answer to your IRS or tax question in our web you can call former IRS Special Agent and one of the country's foremost tax attorneys, nationally syndicated columnist ("The Tax Adviser") Julian Block. Julian is also the tax Editor of Mutual Funds Magazine, America's premier investment magazine. To call Julian for a tax consultation click here.
 Free Tax Course!  Start a Tax Preparation Business Today! 
Did you know... that you can earn extra money as a professional tax preparer? Become an Authorized IRS e-file Provider!! Full time or part time. Nights. Weekends. No experience necessary! Take a FREE home study tax course! No tuition or fees! Enroll today at TheTaxCollege.com!
 Our Awards

 
For further information regarding IRS rules and regulations and your particular tax or IRS situation you should consult with a Certified Public Accountant, Enrolled Agent, Attorney, or other tax advisor. 
Terms of Use

Have questions or comments about this web site?click here

Privacy Policy

Copyright © WorldWideWeb Tax™. All Rights Reserved.