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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5926
Experience:  20 years professional experience
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I am a resident of California. Via an LLC registered as a

Customer Question

I am a resident of California. Via an LLC registered as a foreign entity in NJ, I bought a house on Dec 24, 2014 and sold it on Aug 26, 2015 after doing major rehab work on it. So roughly I owned the house 8 months. As part of the Sales HUD, around 16K
was withheld from me. I have already sent an A3128 form. Recently I got a tax bill of around $3200 from the county (borough of Ramsey). It has county tax and district school tax etc. My question is - do I need to pay this - since around 16K was withheld from
me as 2% non resident seller state tax? Ot is this what the county charges me (in addition to what the state charges)?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

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ANSWER:

The A3128 form that you filed pertains only to the potential partial refund of the state income tax on the capital gain you received from the flip sale.

The county taxes are property ownership taxes and are in addition to what the state charged.

Customer: replied 1 year ago.
even if you do not own the property after 8 months , you have to pay for the school and county taxes, ? Any idea how long it takes for the state to refund?
Expert:  Maverick replied 1 year ago.

Yes, you have to pay those for the time that you owned the property; but when you sold the property your agreement may say that the taxes are to be apportioned on a pro-rate basis between you and the buyer for the 8 month that you owned it vs. the 4 months that they owned it. Usually the property tax invoice issued by the county is for the whole year. I am not finding any estimated time for the refund check to issue. Your best bet may be just to call them.

Customer: replied 1 year ago.
how do I resolve the issue of tax apportionment for the whole year. If i pay the whole year tax now - do they take care of ensuring that they refund me once they get tax from the actual buyer for the same period as well? And who should I call for the refund of state tax?
Expert:  Maverick replied 1 year ago.

1-***-***-**** is the number for the NJ Department of Treasury.

You will need to look at the property tax statement that you received and see what time period the $3200 bill is assessed for.

You will also need to read the agreement and find out if the buyer is responsible for any portion of this tax based on his date of purchase.

Then, you will need to make arrangements with the buyer to reimburse you for that portion.

You would then pay the bill and make sure that the county tax office now knows that next year's bill is to go to the new buyer.

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