I still get this question on occasion from some real estate agents, and while I don’t want to sound sarcastic or condescending, I often answer with this: “I assume you mean how much of the maintenance is potentially tax deductible?” I go on to explain that I simply cannot answer that question specifically for their client because I don’t know anything about their tax landscape.
If the buyer is a New York City resident and works in the city, then it’s very likely that the taxes are not deductible at all — because the high income taxes in New York tend to eat up the entire $10,000 deduction currently allowable under the law.
Prior to 1986, virtually all taxes were deductible — real estate taxes, state and local income taxes, and even sales tax. In addition, all personal interest payments (including credit card and auto loan interest) were deductible. The 1986 Tax Reform Act eliminated all personal interest deductions except for home mortgage interest on loans up to $1 million and interest related to an additional $100,000 in home equity funds. Also retained in 1986 was the deductibility of state and local taxes (“SALT”), which includes both real estate and income taxes.
Then along came the 2017 Tax Cuts and Jobs Act (TCJA), which capped the mortgage interest deduction at $750,000 and limited the entire SALT deduction to $10,000 ($5,000 for married individuals filing separately) for tax years 2018 through 2025. Savings from the cap were used to permanently reduce the corporate tax rate and to enact a variety of temporary tax breaks for individuals and small businesses — which are set to expire at the end of this year unless the new bill proposed by the current administration passes.
The House passed a bill proposing to raise the SALT cap to $40,000 for joint filers earning up to $500,000, with provisions for annual increases over the next decade. This move aims to address concerns from lawmakers representing high-tax states like ours and California.
However, the Senate’s reception of this proposal is uncertain. Some senators argue that increasing the cap would disproportionately benefit wealthier individuals and exacerbate the federal deficit. The debate continues as lawmakers seek a compromise before the current provisions expire at the end of 2025.
Those who benefit from an increased SALT deduction live in higher-tax states like New York, California, and New Jersey, so senators from those states support it. Senators from lower-tax states see no benefit for their constituents. The debate over what’s “fair and equitable” continues — a difficult question under any income tax scheme.
Speaking of “fair and equitable,” something else to consider (or for the senators to consider) is exactly how much we New Yorkers contribute to the federal government’s coffers. New York generated approximately $320.1 billion in tax collections — 7.5% of all U.S. tax collections in 2023 — while representing just 5.8% of the nation’s population.
At $16,355 per capita, New York’s contribution to the federal treasury was 27.8% higher than the national average, and the state ranks highly in most tax categories.
Individual income taxes represent the largest portion of taxes paid. New York’s per capita individual income tax contribution was $8,745 — 35.9% higher than the national average of $6,433.
Because we pay so much into the federal government, an argument can be made (and has been made) that our contributions are being used to fund programs and projects in other states. The debate will continue at least for the next few weeks.
With respect to homeownership, I’ve been around long enough to remember the sage advice from everyone’s parents — including my own — that you must own a home because the tax benefits are too attractive to pass up. It was also part of the “American Dream.”
Tax laws have changed drastically — as outlined above — and will continue to do so if history is any indication. There will always be conjecture about the impact of these changes on residential real estate. Many in the real estate industry lamented that both the 1986 and 2017 tax acts would “kill real estate,” and that never happened.
It’s impossible to measure the exact effect of these changes on real estate markets — there are simply too many variables. But the fact remains: homeownership is still part of the American Dream, and the benefits beyond taxes are numerous — something I often espouse in this newsletter.
One thing I learned in my graduate tax law program that has stuck with me: never let the tax tail wag the dog. Taxes are simply one consideration — and often not the primary one — in any financial transaction.