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Subject Author Date
Real Estate Sales Tax Rick Blaine 01-20-2008
Posted by Rick Blaine on January 20, 2008, 1:14 am
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I sold a residential property in 2007 in a state that imposes a gross receipts
tax on the commission paid to the agents involved and am wondering if this would
be deductable?

Note that this is not an appraiser fee, title fee or similar type of transaction
cost.

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Posted by Phil Marti on January 20, 2008, 9:11 am
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"Rick Blaine" wrote:

>I sold a residential property in 2007 in a state that imposes a gross
>receipts
> tax on the commission paid to the agents involved and am wondering if this
> would
> be deductable?

By whom? Certainly not by you as the seller. Perhaps by the agents.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
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<< Copyright (2007) - All rights reserved. >>
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Posted by Rick Blaine on January 20, 2008, 4:21 pm
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>>I sold a residential property in 2007 in a state that imposes a gross
>>receipts
>> tax on the commission paid to the agents involved and am wondering if this
>> would
>> be deductable?
>
>By whom? Certainly not by you as the seller. Perhaps by the agents.

Deductability of expenses/taxes generally falls on the person who paid them.
Since I have a HUD-1 that shows that I (the seller) paid those taxes, it would
follow that if they are deductable, I would be the person to take the deduction.

It's a somewhat unusual situation as most states have sales taxes. A few,
including this one, have a goods & services tax, which is much more broadly
applied.

I suspect it will only be deductible if I opt for the sales tax deduction
instead of the income tax deduction.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Phil Marti on January 20, 2008, 5:34 pm
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"Rick Blaine"wrote:

> Deductability of expenses/taxes generally falls on the person who paid
> them.
> Since I have a HUD-1 that shows that I (the seller) paid those taxes, it
> would
> follow that if they are deductable, I would be the person to take the
> deduction.

The identity of the payer was missing from the OP.

> It's a somewhat unusual situation as most states have sales taxes. A few,
> including this one, have a goods & services tax, which is much more
> broadly
> applied.

Also new information. In the OP, it was a "gross receipts" tax, which is a
form of income tax, not sales tax.

> I suspect it will only be deductible if I opt for the sales tax deduction
> instead of the income tax deduction.

Correct. Plus it must be a "general" tax, as opposed to the transfer taxes
that you (or the buyer) may also have paid. Is there a general rate for
sales of goods and services? That would be the amount that would be
deductible as sales tax.

If you don't take the sales tax deduction for the year in question, the tax
paid would add to your basis.

--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on January 21, 2008, 5:30 pm
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> "Rick Blaine"wrote:
>
> > Deductability of expenses/taxes generally falls on the person who paid
> > them.
> > Since I have a HUD-1 that shows that I (the seller) paid those taxes, it
> > would
> > follow that if they are deductable, I would be the person to take the
> > deduction.
>
> The identity of the payer was missing from the OP.
>
> > It's a somewhat unusual situation as most states have sales taxes. A
few,
> > including this one, have a goods & services tax, which is much more
> > broadly
> > applied.
>
> Also new information. In the OP, it was a "gross receipts" tax, which is
a
> form of income tax, not sales tax.
>
> > I suspect it will only be deductible if I opt for the sales tax
deduction
> > instead of the income tax deduction.
>
> Correct. Plus it must be a "general" tax, as opposed to the transfer
taxes
> that you (or the buyer) may also have paid. Is there a general rate for
> sales of goods and services? That would be the amount that would be
> deductible as sales tax.
>
> If you don't take the sales tax deduction for the year in question, the
tax
> paid would add to your basis.

What basis? He's selling the property, not buying it. I would add it to
the cost of the sale.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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