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New federal tax law causes end-of-year confusion

Last-minute confusion is plaguing Massachusetts experts and taxpayers who are trying to understand the ramifications of a massive federal tax bill passed in the waning days of the calendar year.

"(Congress) didn't think about actual implementation in the immediate wake of passage of the legislation," said Geoffrey Beckwith, executive director of the Massachusetts Municipal Association. "So of course there are all these unanswered questions, questions the congressional leadership hadn't investigated."

The federal tax overhaul was signed into law by President Donald Trump on Dec. 22.

One result has been a rush of taxpayers nationwide trying to prepay their 2018 property taxes before the year ends, and before a new law kicks in capping the federal tax deduction for state and local taxes at $10,000.

While federal law prohibits prepaying state income taxes, it was not clear on prepaying municipal property taxes.

U.S. Rep. Richard Neal, D-Springfield, the ranking Democrat on the Ways and Means Committee, wrote a letter to the IRS asking whether prepaid property taxes are deductible in 2017.

On Wednesday, with two business days left in the year, the IRS issued an advisory stating that only taxes assessed in 2017 will be deductible for 2018.

For example, if a town assesses a year's worth of property taxes in July 2017, but bills are not due until May 2018, a taxpayer may prepay this month. That taxpayer cannot prepay property taxes for the next fiscal year, which begins in July 2018.

Acting IRS Commissioner David Kautter responded to Neal by issuing the IRS guidance and telling Neal in a letter that whether a payment is deductible depends when the taxes were assessed.

"As there is still a tremendous amount of uncertainty around this issue, individual taxpayers should consider visiting IRS.gov so they are aware of what options are available to them," Neal said in a statement.    

The Massachusetts Department of Revenue issued guidelines Thursday stating that it is at the discretion of municipalities whether to accept property tax prepayment, and it is up to the IRS to determine whether these payments are deductible on federal taxes.

Accountant Mark Misselbeck, of the Waltham firm Katz Nannis and Solomon, said in Massachusetts, the liability to pay taxes attaches on the first day of the fiscal year, in July 2017, even though bills are not due until later. That means Massachusetts taxpayers should be able to pay the balance of what they owe on property taxes in December and deduct the expense on their 2017 taxes.

"What I'm telling clients is there is no downside to it," Misselbeck said. "What you're allowed to prepay and deduct is the balance due and already attached as a liability to the town or city for their fiscal year that concludes June 30, 2018."

Misselbeck said the only downside is the inability to use that money for a few extra months, but at current interest rates, investing the money would result in little benefit.

Not everyone will benefit from prepaying property taxes, however. If someone is paying alternative minimum tax or if their state and local tax liability is less than $10,000, it will not make a difference for them. Those who pay property taxes through their mortgages may not be able to pay early.

Most cities and towns appear willing to accept prepaid property taxes for the first half of 2018.

Beckwith said cities and towns must do the extra work to collect and account for a rush of tax payments, but they do not get a significant financial benefit from collecting the money early. He criticized Congress for passing the bill with no public hearings or outreach.

"Part of the issue is the federal government rushing to pass something without thinking or caring about the administrative burden it places on all levels of government," Beckwith said.

Other issues besides the property tax prepayments are causing some confusion. Misselbeck said he is fielding numerous questions about so-called pass-through income, which is a particular type of business income for which regulations are still being written.

Kristina Houghton, a partner and director of the taxation division at Meyers Brothers Kalicka, a Holyoke accounting firm, said a lot of her clients are asking about prepaying charitable contributions for 2018.

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