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Level 4
October 23, 2020
Question

Clientbusiness property loss.

  • October 23, 2020
  • 12 replies
  • 38 views

Client bought a house to fix up and sell. He lost house to county because he was behind in property taxes. How do I handle the loss?

This topic has been closed for replies.

12 replies

sjrcpa
Level 15
October 23, 2020

I think its a sale for the amount owed.

The more I know the more I don’t know.
JONI9611Author
Level 4
October 23, 2020

He only owed 4000 in property taxes and the house was worth 75000.

sjrcpa
Level 15
October 23, 2020

He's not going to redeem it?

The more I know the more I don’t know.
BobKamman
Level 15
October 23, 2020

Fishy.  When did he buy it?  Were taxes owed on it then?  When did he sell it?  What did he do with it during the period he owned it?  Who has title to house now?  Usually, the county doesn't take possession -- the high bidder at an auction gets it.  Any proceeds above the tax amount owed and auction costs, go to the owner.  

sjrcpa
Level 15
October 23, 2020

And the "owner" has XXX days or months to buy it back from the high bidder for the taxes plus interest.

It was rather lucrative in MD for bidders for a while when the statutory interest rate was 13%

The more I know the more I don’t know.
BobKamman
Level 15
October 24, 2020

Different procedures in different states, but it's likely there is more to the story than what we are being told (and what the preparer who asked was told).  The interest rate in my state is 16%, but some purchasers don't notice that there are existing liens that are not extinguished, or that the property can end up in bankruptcy court for many years. 

Taxpayer may have paid $75K for the property -- but did he have title insurance?  Or did it come with a $100K federal tax lien?

Level 8
October 23, 2020

How much is he out of pocket? Did he pay cash or did he owe? How much did he pay in expenses for repairs, etc? His loss is limited to his financial output on a sale of business property form.

BobKamman
Level 15
October 24, 2020

We don't know it was business property.  Schedule C?  Schedule D?  Form 4797?  Doesn't hurt to guess, not our client.