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05/24/2012 at 04:51PM PDT
Important Announcement! A planned system-wide upgrade will take place over the Memorial Day Weekend in the US (From Thurs, May 24, 2012 at 6 pm PDT thru Tues, May 29, 2012 at 5 am PDT). This includes QuickBooks, QuickBooks Payroll, Point of Sale, & Salesforce.com. This is only for US based products. This does not affect QuickBooks Online customers! During this time, you can shop, but can’t place orders online, activate products or update account info. We apologize for the inconvenience & thank you for patience while we improve our infrastructure to better serve you. International versions are unaffected. For more info, see our community discussion.
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GeneInSanDiego
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09/17/10 2:16pm PDT
Viewed by asker 01/27/11 8:24pm PST

RE TAXES IN SHORT SALES

BANK AGREES TO SHORT SALE.  CLIENT OWES YEARS WORTH OF PROPERTY TAXES.  THE TAXES ARE PAID OUT OF THE BANK'S PROCEEDS IN THE SALE, BUT ARE SHOWN AS EXPENSES TO THE SELLER (MY CLIENT).

THE PAID PROPERTY TAXES INCREASE THE COD THAT THE BANK REPORTS AGAINST MY CLIENT BECAUSE ESCROW HAS LESS PROCEEDS TO APPLY TO THE LOAN.

I FEEL FUNNY GIVING THE CLIENT CREDIT FOR THESE PROPERTY TAXES THAT THEY DIDN'T REALLY PAY, BUT THE CLOSING STATEMENT GIVES THEM CREDIT FOR THEM.

DOES THE ASTUTE LACERTE COMMUNITY AGREE THAT THE CLIENT GETS CREDIT FOR THESE TAXES THAT ESCROW SAYS THEY PAID, BUT REALLY THE BANK PAID OUT OF THE LOAN THEY AGREED TO TAKE SHORT PAYMENT OF?

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Warren1958
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01/27/11 9:03am PST

I agree with you but I can't point to a IRC section. If it was a recourse loan and the forgiveness of debt was taxable then I would take the property tax deduction. In a situation when the forgiven debt was not taxable, either because it was non-recourse or because of insolvency, it would be difficult to say that the client paid the property tax even thought the escrow statement looks that way.

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01/27/11 9:21am PST

You can't really take the taxes as an expense unless the client is paying taxes on the debt forgiveness.  It would get thrown out.

However,  that is interesting!  Thank you for the post!

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01/27/11 9:34am PST
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I agree with the client being able to deduct the Sales Taxes on the closing statement ONLY if the Debt Forgiveness was taxable

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