state income

State and Local Tax Deduction Limited

Under pre-Act law, taxpayers could deduct from their taxable income as an itemized deduction several types of taxes paid at the state and local level, including real and personal property taxes, income taxes, and/or sales taxes.

New law. For tax years beginning after Dec. 31, 2017 and before Jan. 1, 2026, subject to the exception described below, State, local, and foreign property taxes, and State and local sales taxes, are deductible only when paid or accrued in carrying on a trade or business or an activity described in Code Sec. 212 (generally, for the production of income). State and local income, war profits, and excess profits are not allowable as a deduction.

However, a taxpayer may claim an itemized deduction of up to $10,000 ($5,000 for a married taxpayer filing a separate return) for the aggregate of (i) State and local property taxes not paid or accrued in carrying on a trade or business or activity described in Code Sec. 212; and (ii) State and local income, war profits, and excess profits taxes (or sales taxes in lieu of income, etc. taxes) paid or accrued in the tax year. Foreign real property taxes may not be deducted. (Code Sec. 164(b)(6), as amended by Act Sec. […]

By |January 9th, 2018|CA tax, income tax, New Tax Laws, property tax, state income|0 Comments

Californians can expect Head of Household Audit Letters

The California Franchise Tax Board (FTB) has mailed more than 120,000 audit letters to taxpayers to verify their head of household (HOH) filing status on their 2011 state income tax returns. Each year, the FTB reviews the tax returns of taxpayers who claim the HOH filing status because the qualifications are commonly misunderstood. Taxpayers can generally claim the HOH filing status if they are unmarried, have cared for a qualified person for more than half the year, and paid more than half the cost of maintaining their home.

Taxpayers who do not qualify will have their tax reassessed using either the single or married-filing-separate filing status. Nearly 28,000 California taxpayers who claimed the HOH status last year did not meet its requirements. 
The FTB encourages taxpayers who receive an HOH audit letter to respond promptly by completing the enclosed questionnaire. Failure to respond could result in a tax assessment and penalty.
News Release, California Franchise Tax. Board, August 8, 2012