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Municipal fees are not tax deductible
05:33 PM EDT on Monday, April 4, 2005
Suppose you own your house and have to pay a sewer assessment to your
city or town. Whether you pay it in a lump sum, or in installments over
time, can you deduct it on your federal income-tax return? That's the
question a man from Warwick asked MoneyLine:
Q: I paid my Warwick sewer assessment in full last year. Is that
payment treated as real-estate taxes that I can report on my itemized
deductions, just as I do my regular property taxes?
B.K., Warwick
A: Unfortunately, no.
Federal tax law generally lets you deduct taxes you pay on "real
property" — in other words, real-estate tax.
To claim the break, you must list your deductions separately (a process
known as "itemizing," on Schedule A of your U.S. Form 1040), instead of
claiming the lump-sum deduction (known as the "standard deduction") on
your federal income-tax return.
Most taxpayers claim the standard deduction. But suppose you do itemize.
Can you deduct a municipal sewer assessment charge?
No, said Joseph P. Matoney, professor of accounting at the University of
Rhode Island. "It is not a tax, it's a fee," said Matoney, a CPA who
also runs his own tax-consulting practice in Wakefield.
"An assessment is typically levied as a fee" by a city or town (or other
government agency), often to build or extend a municipal sewer or water
system, said Mark M. Higgins, professor of accounting at URI and
coauthor of the textbook Concepts in Federal Taxation.
It's a kind of service fee, from which you receive a direct benefit,
Higgins and Matoney said in an interview at the URI campus in Kingston.
U.S. Treasury regulations make it clear that you cannot deduct "taxes
assessed against local benefits of a kind tending to increase the value
of the property assessed."
The rules say that "assessments, paid for local benefits such as street,
sidewalk, and other like improvements, imposed because of and measured
by some benefit inuring directly to the property against which the
assessment is levied, are not deductible as taxes."
Internal Revenue Service Publication 17, "Your Federal Income Tax," puts
it this way:
"Deductible real estate taxes generally do not include taxes charged for
local benefits and improvements tending to increase the value of your
property. These include assessments for streets, sidewalks, water mains,
sewer lines, public parking facilities, and similar improvements. You
should increase the basis of your property by the amount of the
assessment."
You also cannot deduct sewer-usage fees — whether you pay a flat amount
or an amount that varies depending on your usage, said Gregory A.
Porcaro, president of the Rhode Island Society of Certified Public
Accountants.
For a detailed list of what taxes — and fees — you can and cannot
deduct, see Publication 17, as well as IRS Publication 530, "Tax
Information for First-Time Homeowners." For your free copy of either or
both, visit your local IRS office, or call the IRS toll-free at
1-800-829-3676. The booklets are also available for download at
www.irs.gov/formspubs.
TODAY'S TIP: The Federal Citizen Information Center has an
interactive CD you can use to learn the basics about money — how to
manage it, save it, invest it and make it work for you.
Ideal for youngsters, the CD — "Hands-on Banking" — can also help adults
brush up on the fundamentals. There are four separated programs, from
fourth grade through adult, that offer tips on budgeting, saving,
maintaining good credit and other topics. The narrated lessons are in
English and Spanish.
For a free copy, call the center toll-free at 1-888-878-3256 and ask for
Item 641M. Or send your name and address to: Federal Citizen Information
Center, Dept. 641M, Pueblo, Colo. 81009. Find out more about this and
other items the center has at
www.pueblo.gsa.gov.
MoneyLine correspondent Neil Downing is a staff writer for The
Providence Journal in Rhode Island and author of "The New IRAs and
How to Make Them Work for You." Do you have questions about your
money matters? Call us at 1-401-277-7484 and leave a message, or e-mail
moneyline@projo.com.
Sorry, no personal replies; as many questions and issues as possible
will appear here.
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