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March 4, 2024
Question

Can you apply for a real property tax credit if your house is in an unbreakable trust?

  • March 4, 2024
  • 1 reply
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nothing has been added to the trust except the property

1 reply

March 4, 2024

Yes, you can still include your property taxes as an itemized deduction on your return even if your house is in an irrevocable trust.  You still technically own your home and are still liable for the taxes paid which is the criteria for deducting property taxes. 

 

Property taxes are only deductible if you are itemizing your return.  Itemized expenses include mortgage interest, state and local taxes up to $10,000, medical expenses in excess of 7.5% of your AGI, charitable donations, gambling losses up to winnings and casualty and losses in excess of 10% of you AGI with the first $100 not counting towards the loss.  Your health insurance and all medical expenses are only deductible for the amount that is over 7.5% of your AGI.  This means if your AGI is $50,000, then the amount that is over $3,750 is deductible.  

 

Then your total itemized expenses would need to be greater than your standard deduction below in order to benefit from your insurance premium payments. 

 

The 2023 Standard Deductions are as follows:

  • Married Filing Joint (MFJ)              $27,700
  • Married Filing Separate (MFS)      $13,850
  • Head of Household (HOH)             $20,800 
  • Single                                                     $13,850                                

Blind and MFJ or MFS add $1,500

Single or HOH if blind add $1,850

 

Home Ownership Tax Deductions

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