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Tuesday, March 12, 2013

IRS: California Fire Prevention Fees Are Not Deductible Property Taxes Under § 164

IRS Logo 2Office of Chief Counsel, IRS Memorandum 2013-10-029 (Jan. 14, 2013) (released Mar. 8, 2013):

Issue:  May California residents deduct the Fire Prevention Fee they may pay on their federal income tax returns as a real property tax deduction under section 164 of the Internal Revenue Code and § 1.164-4 of the Income Tax Regulations?

Conclusion:  California residents may not deduct the Fire Prevention Fee as a real property tax deduction because (i) the fee is not a tax under California or federal law (ii) the fee is not levied at a like rate, (iii) the fee is not imposed throughout the taxing authority's jurisdiction, and (iv) the fee is assessed only against specific property to provide a local benefit

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Comments

Justice Roberts would rule that the fee is a tax.

Posted by: Woody | Mar 12, 2013 11:59:38 AM

When you already have some of the highest property taxes in the nation, it shouldn't surprise anyone that California will not allow you to deduct this fee.

Posted by: Paul Krogman | Mar 22, 2013 1:52:29 PM