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Adam Sandler Responds to NJ.com Query, “Who can deduct property taxes for this house?”

January 3, 2019

As seen in NJ.com, December 14, 2018

Q. My dad’s name is on a deed. He filed a quit claim deed and disclaimer of two-thirds of the house where he and I reside, giving one-third each to me and my sister and keeping one-third interest for himself. My sister lives elsewhere. Both my dad and sister approve of me paying the full taxes, some $8,500 a year, and claiming the tax deduction. Can I?
— Partial owner

A. We’re glad you asked because this issue is more complicated than you may think.
In New Jersey, a taxpayer in 2018 can deduct up to $15,000 of New Jersey property tax from his or his New Jersey income tax return, said Adam Sandler, an attorney with Einhorn Harris in Denville.

However, New Jersey law does not allow a taxpayer to deduct more than his or her proportionate share – in relation to percentage of ownership – of property tax, Sandler said.

Because these tax court decisions are based on the facts presented in the specific cases, deductions may be allowed in certain instances and not in others, Sandler said. That’s why you should consult with a professional tax advisor to determine whether a deduction is appropriate based on your individual circumstances.

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