TP sold personal residence for loss.

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  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #1

    TP sold personal residence for loss.

    TP sold personal residence for loss and resided in house all 5 yrs of owning it. On the top of my head I am thinking mortgage interest and property taxes.
  • ATSMAN
    Senior Member
    • Jul 2013
    • 2415

    #2
    Originally posted by AZ-Tax
    TP sold personal residence for loss and resided in house all 5 yrs of owning it. On the top of my head I am thinking mortgage interest and property taxes.
    Is your question can you deduct a capital loss? No It is personal property.

    You can still deduct on Sch A the mortgage interest and property taxes for the year.
    Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

    Comment

    • AZ-Tax
      Senior Member
      • Feb 2008
      • 2604

      #3
      Yes, I forgot that enter that part.

      Originally posted by ATSMAN
      Is your question can you deduct a capital loss? No It is personal property.

      You can still deduct on Sch A the mortgage interest and property taxes for the year.
      Yes, I forgot that enter that part but what about the HUD/Settlement statement from the Sale. Other then Prop taxes and Interest, what else might be deductible?

      Comment

      • Burke
        Senior Member
        • Jan 2008
        • 7068

        #4
        The interest (even pro-rated as shown on the HUD-1) is likely included on the 1098 from the mortgagor. Need to check that. Any pro-rated property taxes are accounted for on the return as to whether it is credit or debit item. If the TP paid them in advance prior to sale, then he may have a credit (refund) on the HUD-1. This is deducted from the amount claimed on Sche A. If he had not paid them currently when the sale occurred, then he may have been charged for a pro-rated portion up to and including the date of the HUD-1. This amount would be claimed as a deduction on his Sche A. These are the only two things available to him.
        Last edited by Burke; 01-26-2015, 03:55 PM.

        Comment

        • taxea
          Senior Member
          • Nov 2005
          • 4292

          #5
          what exactly are you trying to accomplish? The sale has to be reported. You include taxes, interest, cost of sale, prior improvements, other expenses to make the sale and allowable deduction (250-500K) to determine gain or loss. If this creates a gain he is taxed on it, a loss he eats.
          Believe nothing you have not personally researched and verified.

          Comment

          • taxmom34
            Senior Member
            • Nov 2008
            • 732

            #6
            wrong!!!

            sale of personal residence that he lived in for 5 years whether sold at a gain or loss is not reported.

            Comment

            • zeros
              Senior Member
              • Dec 2006
              • 921

              #7
              You Are Correct

              Originally posted by taxmom34
              sale of personal residence that he lived in for 5 years whether sold at a gain or loss is not reported.
              TaxMom, you are correct, Sec 121

              Comment

              • Gene V
                Senior Member
                • Jun 2005
                • 1057

                #8
                See TTB page 6-2 for Tax Treatment of Settlement Costs

                Comment

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