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  #21  
Old 03-17-2005, 03:59 AM
MTW
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Default Re: How do I treat interest paid on an investment property?

A.G. Kalman wrote:

- quote -

> Sorry for the delay in responding..... I can't see how you
> can make annual elections and still conform to the rules
> regarding a change in method of accounting. It seems to me
> that if you make the election to capitalize interest expense
> for an item, you are stuck with it unless you get the IRS's
> permission to change back to expense.


Reg 1.266-1 clearly defines this as an ANNUAL election. I agree
that such a formulation is probably unusual. And, who knows
whether the Supreme Court would uphold the Reg... <grin
MTW

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  #20  
Old 03-09-2005, 08:44 PM
A.G. Kalman
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Default Re: How do I treat interest paid on an investment property?

MTW wrote:
- quote -

> A.G. Kalman wrote:

> > What If I had expensed the taxes and/or interest just once
> > five years ago? What if only took the standard deduction on
> > all tax returns for the last 10 years?


> My understanding is that you are supposed to make this
> election on an ANNUAL basis, and therefore any such election
> is only good for the particular year in question. However, I
> would be willing to bet that if you made the election ONCE
> and thereafter did NOT deduct any such carrying charges, the
> Tax Court might nevertheless allow the accumulation for the
> years subsequent to the election (but no guarantees from me
> on that). The standard deduction situation is a good
> question, and without research I don't have an answer for
> that. <grin> Mostly, I was simply responding to David's assertion that
> interest could never be capitalized on land not "placed in
> service" (if I understood his comment correctly).


Sorry for the delay in responding..... I can't see how you
can make annual elections and still conform to the rules
regarding a change in method of accounting. It seems to me
that if you make the election to capitalize interest expense
for an item, you are stuck with it unless you get the IRS's
permission to change back to expense.

--
Alan
http://taxtopics.net

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  #19  
Old 02-23-2005, 05:14 AM
David Woods, EA, ChFC, CLU
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Default Re: How do I treat interest paid on an investment property?

"Drew Edmundson" <drewsbeagles[at]hotmail.com> wrote:
- quote -

> "A.G. Kalman" <glendale202-mtm[at]yahoo.com> wrote:
> > MTW wrote:
> > > David Woods, EA, ChFC, CLU wrote:


> > > > Interest is only capitalized on property not placed
> > > > in service, raw land in and of itself never CAN be placed in
> > > > service.


> > > What about the election available under IRC 266 as more
> > > fully explained by Reg. 1.266-1 ???


> > I don't have a problem with making the election. I must
> > admit that I am not sure how the election is implemented
> > when it is after the fact. Here's the wording:
> > > (3) If the taxpayer elects to capitalize an item or items

> > under this section, such election shall be exercised by
> > filing with the original return for the year for which the
> > election is made a statement indicating the item or items
> > (whether with respect to the same project or to different
> > projects) which the taxpayer elects to treat as chargeable
> > to capital account.
> > > Does that mean if I make the election in 2004, the year I

> > sell land purchased 10 years ago, I can accumulate into cost
> > all the property taxes and interest I never expensed? Or
> > does it mean I can only accumulate as part of cost, the 2004
> > (the year I make the election) taxes and interest?
> > > What If I had expensed the taxes and/or interest just once

> > five years ago? What if only took the standard deduction on
> > all tax returns for the last 10 years?


> It can only be capitalized if the election was made for that
> year. So using your example no interest or taxes could be
> added to basis, except in the year of sale - and then only
> if the election is made.
> I believe Mike and I both read Dave's post to mean interest
> and taxes could never be added to the basis of vacant land.
> While I believe Dave meant it can't be retroactively added
> via the election nor can it be added as
> production/construction interest as no such activity
> occurred.


You interpreted my meaning correctly. Making that election
even prospectively is something one really needs to think
about as just about every expense is going to be CURRENTLY
deductible in one form or another. Interest as investment
interest, RE tax as a typical Sch. A deduction, current
maintenance costs could be considered investment
expenses....

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #18  
Old 02-21-2005, 08:44 AM
David Woods, EA, ChFC, CLU
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Default Re: How do I treat interest paid on an investment property?

"A.G. Kalman" <glendale202-mtm[at]yahoo.com> wrote:
- quote -

> MTW wrote:
> > David Woods, EA, ChFC, CLU wrote:


> > > Interest is only capitalized on property not placed
> > > in service, raw land in and of itself never CAN be placed in
> > > service.


> > What about the election available under IRC 266 as more
> > fully explained by Reg. 1.266-1 ???


> I don't have a problem with making the election. I must
> admit that I am not sure how the election is implemented
> when it is after the fact. Here's the wording:
> (3) If the taxpayer elects to capitalize an item or items
> under this section, such election shall be exercised by
> filing with the original return for the year for which the
> election is made a statement indicating the item or items
> (whether with respect to the same project or to different
> projects) which the taxpayer elects to treat as chargeable
> to capital account.
> Does that mean if I make the election in 2004, the year I
> sell land purchased 10 years ago, I can accumulate into cost
> all the property taxes and interest I never expensed? Or
> does it mean I can only accumulate as part of cost, the 2004
> (the year I make the election) taxes and interest?
> What If I had expensed the taxes and/or interest just once
> five years ago? What if only took the standard deduction on
> all tax returns for the last 10 years?


I believe you make the election on an annual basis. I have
no problem capitalizing carrying costs of maintaining land.
Since RE tax would be deductible anyway, as would the
interest (as investment interest), I would be less inclined
subject to facts and circumstances to capitalize those.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #17  
Old 02-21-2005, 07:28 AM
MTW
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

A.G. Kalman wrote:

- quote -

> What If I had expensed the taxes and/or interest just once
> five years ago? What if only took the standard deduction on
> all tax returns for the last 10 years?


My understanding is that you are supposed to make this
election on an ANNUAL basis, and therefore any such election
is only good for the particular year in question. However, I
would be willing to bet that if you made the election ONCE
and thereafter did NOT deduct any such carrying charges, the
Tax Court might nevertheless allow the accumulation for the
years subsequent to the election (but no guarantees from me
on that). The standard deduction situation is a good
question, and without research I don't have an answer for
that. <grin
Mostly, I was simply responding to David's assertion that
interest could never be capitalized on land not "placed in
service" (if I understood his comment correctly).

MTW

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  #16  
Old 02-21-2005, 07:09 AM
MTW
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU wrote:

- quote -

> Wasn't made by the original poster.

I know.

I was responding to your apparent assertion that interest
could NEVER be capitalized on land not "placed in service"
(if I understood your comment correctly).

MTW

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  #15  
Old 02-21-2005, 07:09 AM
Drew Edmundson
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

"A.G. Kalman" <glendale202-mtm[at]yahoo.com> wrote:
- quote -

> MTW wrote:
> > David Woods, EA, ChFC, CLU wrote:


> > > Interest is only capitalized on property not placed
> > > in service, raw land in and of itself never CAN be placed in
> > > service.


> > What about the election available under IRC 266 as more
> > fully explained by Reg. 1.266-1 ???


> I don't have a problem with making the election. I must
> admit that I am not sure how the election is implemented
> when it is after the fact. Here's the wording:
> (3) If the taxpayer elects to capitalize an item or items
> under this section, such election shall be exercised by
> filing with the original return for the year for which the
> election is made a statement indicating the item or items
> (whether with respect to the same project or to different
> projects) which the taxpayer elects to treat as chargeable
> to capital account.
> Does that mean if I make the election in 2004, the year I
> sell land purchased 10 years ago, I can accumulate into cost
> all the property taxes and interest I never expensed? Or
> does it mean I can only accumulate as part of cost, the 2004
> (the year I make the election) taxes and interest?
> What If I had expensed the taxes and/or interest just once
> five years ago? What if only took the standard deduction on
> all tax returns for the last 10 years?


It can only be capitalized if the election was made for that
year. So using your example no interest or taxes could be
added to basis, except in the year of sale - and then only
if the election is made.

I believe Mike and I both read Dave's post to mean interest
and taxes could never be added to the basis of vacant land.
While I believe Dave meant it can't be retroactively added
via the election nor can it be added as
production/construction interest as no such activity
occurred.

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  #14  
Old 02-21-2005, 07:09 AM
Drew Edmundson
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU" <dwoods[at]woods-financial.com> wrote:
- quote -

> "Drew Edmundson" <drewsbeagles[at]hotmail.com> wrote:
> > David Woods, EA, ChFC, CLU" <dwoods[at]woods-financial.com> wrote:
> > > "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > > > Stu707[at]hotmail.com posted:


> > > > > In 1995 I purchased residential acreage. The
> > > > > seller financed the purchase. I had no income
> > > > > from the property. However, I sold in 2004 at a
> > > > > profit. Can I deduct the interest I paid? And if
> > > > > so where do I show the interest expense?


> > > > Assuming you never "used" this interest as an expense item
> > > > over the years, the standard method is to add it to the cost
> > > > basis, when reporting the proceeds from sale on Schedule D.


> > > I disagree. If this was strictly land, it was investment
> > > property and any interest paid classified and deducted as
> > > such. Interest is only capitalized on property not placed
> > > in service, raw land in and of itself never CAN be placed in
> > > service.


> > Wouldn't the election under Reg. 1.266-1(b)(1) allow one to
> > capitalize the interest (and taxes) on carrying unimproved
> > land?


> Sure. If it was made. Sure doesn't sound to me from the
> original post that it was.


With this further information I now understand your prior
post. I interpreted what you said as meaning one can never
add the interest and taxes to the basis of vacant land. Now
I see that you meant that it is not capitalized as
construction period costs since nothing is being
constructed. Perhaps I am a bit slow but that was not clear
to me the way you phrased your original post.

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  #13  
Old 02-18-2005, 12:52 PM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

"MTW" <mtwingcpa[at]yahoo.com> wrote:
- quote -

> David Woods, EA, ChFC, CLU wrote:

> > Interest is only capitalized on property not placed
> > in service, raw land in and of itself never CAN be placed in
> > service.


> What about the election available under IRC 266 as more
> fully explained by Reg. 1.266-1 ???


Wasn't made by the original poster.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #12  
Old 02-18-2005, 12:33 PM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

"Drew Edmundson" <drewsbeagles[at]hotmail.com> wrote:
- quote -

> David Woods, EA, ChFC, CLU" <dwoods[at]woods-financial.com> wrote:
> > "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > > Stu707[at]hotmail.com posted:


> > > > In 1995 I purchased residential acreage. The
> > > > seller financed the purchase. I had no income
> > > > from the property. However, I sold in 2004 at a
> > > > profit. Can I deduct the interest I paid? And if
> > > > so where do I show the interest expense?


> > > Assuming you never "used" this interest as an expense item
> > > over the years, the standard method is to add it to the cost
> > > basis, when reporting the proceeds from sale on Schedule D.


> > I disagree. If this was strictly land, it was investment
> > property and any interest paid classified and deducted as
> > such. Interest is only capitalized on property not placed
> > in service, raw land in and of itself never CAN be placed in
> > service.


> Wouldn't the election under Reg. 1.266-1(b)(1) allow one to
> capitalize the interest (and taxes) on carrying unimproved
> land?


Sure. If it was made. Sure doesn't sound to me from the
original post that it was.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #11  
Old 02-18-2005, 12:33 PM
A.G. Kalman
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

MTW wrote:
- quote -

> David Woods, EA, ChFC, CLU wrote:

> > Interest is only capitalized on property not placed
> > in service, raw land in and of itself never CAN be placed in
> > service.


> What about the election available under IRC 266 as more
> fully explained by Reg. 1.266-1 ???


I don't have a problem with making the election. I must
admit that I am not sure how the election is implemented
when it is after the fact. Here's the wording:

(3) If the taxpayer elects to capitalize an item or items
under this section, such election shall be exercised by
filing with the original return for the year for which the
election is made a statement indicating the item or items
(whether with respect to the same project or to different
projects) which the taxpayer elects to treat as chargeable
to capital account.

Does that mean if I make the election in 2004, the year I
sell land purchased 10 years ago, I can accumulate into cost
all the property taxes and interest I never expensed? Or
does it mean I can only accumulate as part of cost, the 2004
(the year I make the election) taxes and interest?

What If I had expensed the taxes and/or interest just once
five years ago? What if only took the standard deduction on
all tax returns for the last 10 years?

--
Alan
http://taxtopics.net

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  #10  
Old 02-17-2005, 12:36 AM
MTW
Guest
 
Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU wrote:

- quote -

> Interest is only capitalized on property not placed
> in service, raw land in and of itself never CAN be placed in
> service.


What about the election available under IRC 266 as more
fully explained by Reg. 1.266-1 ???

MTW

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  #9  
Old 02-17-2005, 12:36 AM
Drew Edmundson
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU" <dwoods[at]woods-financial.com> wrote:
- quote -

> "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > Stu707[at]hotmail.com posted:


> > > In 1995 I purchased residential acreage. The
> > > seller financed the purchase. I had no income
> > > from the property. However, I sold in 2004 at a
> > > profit. Can I deduct the interest I paid? And if
> > > so where do I show the interest expense?


> > Assuming you never "used" this interest as an expense item
> > over the years, the standard method is to add it to the cost
> > basis, when reporting the proceeds from sale on Schedule D.


> I disagree. If this was strictly land, it was investment
> property and any interest paid classified and deducted as
> such. Interest is only capitalized on property not placed
> in service, raw land in and of itself never CAN be placed in
> service.


Wouldn't the election under Reg. 1.266-1(b)(1) allow one to
capitalize the interest (and taxes) on carrying unimproved
land?

--
Drew Edmundson

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  #8  
Old 02-15-2005, 07:47 AM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU wrote:
- quote -

> "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > Stu707[at]hotmail.com posted:


> > > In 1995 I purchased residential acreage. The
> > > seller financed the purchase. I had no income
> > > from the property. However, I sold in 2004 at a
> > > profit. Can I deduct the interest I paid? And if
> > > so where do I show the interest expense?


> > Assuming you never "used" this interest as an expense item
> > over the years, the standard method is to add it to the cost
> > basis, when reporting the proceeds from sale on Schedule D.


> I disagree. If this was strictly land, it was investment
> property and any interest paid classified and deducted as
> such. Interest is only capitalized on property not placed
> in service, raw land in and of itself never CAN be placed in
> service.


I agree completely with David. Interest paid on a loan to
buy land bought and hold it for investment may not be
capitalized.

--
Alan
http://taxtopics.net

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  #7  
Old 02-13-2005, 11:34 PM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

"Frederick Jorden" <knowtax[at]bigfoot.com> wrote:
- quote -

> David Woods, EA, ChFC, CLU wrote:
> > "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > > Stu707[at]hotmail.com posted:


> > > > In 1995 I purchased residential acreage. The
> > > > seller financed the purchase. I had no income
> > > > from the property. However, I sold in 2004 at a
> > > > profit. Can I deduct the interest I paid? And if
> > > > so where do I show the interest expense?


> > > Assuming you never "used" this interest as an expense item
> > > over the years, the standard method is to add it to the cost
> > > basis, when reporting the proceeds from sale on Schedule D.


> > I disagree. If this was strictly land, it was investment
> > property and any interest paid classified and deducted as
> > such. Interest is only capitalized on property not placed
> > in service, raw land in and of itself never CAN be placed in
> > service.


> But if it can be put to agricultural use maybe it belongs on
> schedule F or T.


I'll take your word for it. Even though there are actually
farms within five miles of my home, the likelihood of my
ever having a farm client is somewhat nil.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #6  
Old 02-11-2005, 08:24 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU wrote:
- quote -

> "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > Stu707[at]hotmail.com posted:


> > > In 1995 I purchased residential acreage. The
> > > seller financed the purchase. I had no income
> > > from the property. However, I sold in 2004 at a
> > > profit. Can I deduct the interest I paid? And if
> > > so where do I show the interest expense?


> > Assuming you never "used" this interest as an expense item
> > over the years, the standard method is to add it to the cost
> > basis, when reporting the proceeds from sale on Schedule D.


> I disagree. If this was strictly land, it was investment
> property and any interest paid classified and deducted as
> such. Interest is only capitalized on property not placed
> in service, raw land in and of itself never CAN be placed in
> service.


further, the saving grace being that any investment interest
not able to be deducted in the interim carries forth.

ChEAr$,
Harlan Lunsford, EA n LA
Thu 10 Feb 2005

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  #5  
Old 02-11-2005, 07:26 AM
Frederick Jorden
Guest
 
Posts: n/a
Default Re: How do I treat interest paid on an investment property?

David Woods, EA, ChFC, CLU wrote:
- quote -

> "Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
> > Stu707[at]hotmail.com posted:


> > > In 1995 I purchased residential acreage. The
> > > seller financed the purchase. I had no income
> > > from the property. However, I sold in 2004 at a
> > > profit. Can I deduct the interest I paid? And if
> > > so where do I show the interest expense?


> > Assuming you never "used" this interest as an expense item
> > over the years, the standard method is to add it to the cost
> > basis, when reporting the proceeds from sale on Schedule D.


> I disagree. If this was strictly land, it was investment
> property and any interest paid classified and deducted as
> such. Interest is only capitalized on property not placed
> in service, raw land in and of itself never CAN be placed in
> service.


But if it can be put to agricultural use maybe it belongs on
schedule F or T.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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  #4  
Old 02-10-2005, 08:27 AM
Stu707@hotmail.com
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

- quote -

> You don't "deduct the interest" you add the interest to your
> cost basis (which reduces your gain).


Thanks, Ed and Thomas, for your replies.

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  #3  
Old 02-10-2005, 08:08 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: How do I treat interest paid on an investment property?

"Bill" <an_ordinary_guy_158[at]hotmail.com> wrote:
- quote -

> Stu707[at]hotmail.com posted:

> > In 1995 I purchased residential acreage. The
> > seller financed the purchase. I had no income
> > from the property. However, I sold in 2004 at a
> > profit. Can I deduct the interest I paid? And if
> > so where do I show the interest expense?


> Assuming you never "used" this interest as an expense item
> over the years, the standard method is to add it to the cost
> basis, when reporting the proceeds from sale on Schedule D.


I disagree. If this was strictly land, it was investment
property and any interest paid classified and deducted as
such. Interest is only capitalized on property not placed
in service, raw land in and of itself never CAN be placed in
service.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #2  
Old 02-09-2005, 05:34 AM
Bill
Guest
 
Posts: n/a
Default Re: How do I treat interest paid on an investment property?

Stu707[at]hotmail.com posted:

- quote -

> In 1995 I purchased residential acreage. The
> seller financed the purchase. I had no income
> from the property. However, I sold in 2004 at a
> profit. Can I deduct the interest I paid? And if
> so where do I show the interest expense?


Assuming you never "used" this interest as an expense item
over the years, the standard method is to add it to the cost
basis, when reporting the proceeds from sale on Schedule D.

Bill

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