Can I deduct property taxes paid through HOA for common area if they claim it's not deductible?

I own a condo and we have this shared parking structure that isn't individually deeded to each owner - it's considered a common area. Here's my issue: the HOA collects maintenance fees which they use to pay property taxes on this parking structure. I pay my own property taxes directly for my actual condo unit. When I asked the property manager about deducting my portion of these property taxes (probably around $400), they told me I can only deduct maintenance payments if I'm renting out my condo. But that doesn't sound right to me! I'm trying to deduct the property taxes specifically, not the entire maintenance fee. I just need an accounting of what my share of those taxes is. Is there any way to get them to provide this information without having to take legal action? Would any government agency be able to force them to comply with this request? It seems ridiculous that I can't deduct property taxes that are literally being paid with my money just because it goes through the HOA first.

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18 comments

Oliver Becker

•8M

This is actually a common issue with condos and HOAs. The property manager is incorrect - you absolutely can deduct your share of the property taxes paid by the HOA on your behalf, even if you're not renting out your unit. These are called "pass-through" property taxes. The IRS specifically addresses this in Publication 530. If your HOA pays real estate taxes for common property, you can deduct your share if the HOA provides you with a statement showing your portion of the property taxes. The key is getting that documentation from your HOA.

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Oliver Becker

•8M

Start by making a formal written request to your HOA board (not just the property manager). Reference IRS Publication 530 specifically in your letter. Ask for a breakdown of what portion of your maintenance fees goes to property taxes on common areas. If they still refuse, you might want to attend the next HOA board meeting and bring this up publicly. Often, other owners will have the same concern which creates pressure for the board to address it. As a last resort, your state's real estate department or housing agency might be able to provide guidance or mediation, though this varies by location.

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Natasha Petrova

•8M

I had almost the exact same issue a few years back! After going back and forth with my HOA for months, I finally discovered https://taxr.ai which literally saved me hours of headache. Their AI analyzes HOA documents and can actually generate an estimate of the deductible portion if your HOA is being difficult. I uploaded my HOA financial statements, CCRs, and a few other docs, and it identified exactly what percentage of my dues went to property taxes. I used their report when filing and it worked perfectly - even showed me other deductions my HOA expenses qualified for that I had no idea about!

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Natasha Petrova

•8M

The report is actually really comprehensive. It identifies specific line items from your HOA financial statements that represent property taxes and provides a detailed calculation of your proportional share based on your ownership percentage. It cites the relevant tax codes and precedents too. And yes, the AI analyzes your specific documents - so it's based on your actual financial statements from the HOA, not just guesswork. I was impressed that it found the property tax payments buried in our HOA's annual financial report that I completely missed. I've been through an audit since then (for unrelated reasons) and there were zero questions about these deductions.

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Emma Davis

•8M

Just wanted to follow up about that taxr.ai site somebody recommended. I was the skeptical one, but I decided to try it since my HOA was being absolutely impossible about providing tax documentation. The service actually worked surprisingly well! I uploaded our annual HOA budget and meeting minutes, and it identified exactly where our property taxes were being paid and calculated my portion based on my unit's square footage. The report showed that about $375 of my annual dues were going to property taxes on common areas. I filed with this documentation, and it went through without a hitch. The report even explained exactly which IRS rules apply to this situation, which I printed out in case of questions. Definitely solved a major headache for me!

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LunarLegend

•8M

If your HOA continues to be difficult even after formal requests, you might want to try Claimyr (https://claimyr.com) to get direct help from the IRS on this issue. I was in a similar situation where my HOA refused to provide documentation, and I needed clarification on exactly what documentation would satisfy the IRS. I spent WEEKS trying to get through to an IRS agent directly with no luck. Claimyr got me connected to an actual IRS representative in under 45 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c - it's basically a service that navigates the IRS phone tree for you and calls you when an agent is about to pick up. The IRS agent I spoke with confirmed that I was entitled to the deduction and explained exactly what documentation would be sufficient. This gave me the confidence to push back on my HOA with specific requirements.

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LunarLegend

•8M

You don't wait on hold at all - that's the beauty of it. You enter your phone number and what you need help with, and their system waits on hold for you. When an actual IRS agent picks up, you get a call connecting you directly to them. I was skeptical too, but I was cooking dinner when my phone rang and suddenly I was talking to a real person at the IRS. The agents are actually surprisingly helpful when you can reach them. Mine explained that while the HOA should provide documentation, I could also use my own reasonable calculation based on the HOA's published budget if they refused. She even emailed me the specific forms and publications that addressed my situation.

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Isabella Oliveira

•8M

I need to eat my words. After seeing the comments here about Claimyr, I decided to try it for a similar HOA tax issue that's been driving me crazy. I was 100% sure it wouldn't work - I mean, NOBODY gets through to the IRS, right? I was literally shocked when my phone rang about 35 minutes after signing up, and there was an actual IRS tax specialist on the line. Not only did they confirm that I can absolutely deduct my portion of property taxes paid through the HOA, they explained exactly what documentation would be accepted even without the HOA's cooperation. The agent suggested requesting the HOA's financial statements (which they're legally required to provide to owners in most states) and calculating my percentage share based on my unit's size relative to the total property. They even sent me follow-up information about the specific tax code that allows for this deduction.

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Ravi Patel

•8M

Definitely reach out to board members directly. Property managers sometimes filter what gets to the board, and your board members might not even be aware of your request. I'd send an email to the board president specifically. Bringing it up at a board meeting is also effective. Put your request in writing beforehand asking to be added to the meeting agenda. When other owners hear about it, they'll likely want the same information, which puts pressure on the board to address it properly. Most board members are just owners like you and would want this documentation for their own taxes too.

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Freya Andersen

•8M

Check your HOA's annual financial statement! Even if they won't give you a special document, the information is probably already available to you. Look for line items like "property taxes" or "real estate taxes" in the annual budget or financial report. Then just calculate your percentage based on your ownership share (usually listed in your master deed or condo docs). If you own 2% of the development, then you can deduct 2% of the total property taxes paid by the HOA.

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