Tax Prorations At Closing Time
by Sandy Gadow
Among the various items which will be prorated, or shared between the buyer and
seller at the closing will be real estate property taxes. Although prorations
are normally pretty straightforward and easy to understand, property taxes can
be a problem if provisions are not made for an increase in tax assessment which
may occur after the close of escrow.
Often the closing agent must use the taxes from the previous year to compute the
prorations for the sale. Let's say that your escrow closes in September and that
the new taxes will not be available until November. If the taxes go up, are you
responsible for new taxes for the whole year since you only lived in the
property for 3 months? One answer to this problem is to sign a Proration
Agreement, whereby the buyer and seller agree to make up the difference among
themselves.
Many times it is common to ask the seller to pay a little extra in real estate
taxes above the daily proration fee, because in many areas property taxes rise
each year and the exact amount of the next bill may not be known. Oftentimes,
the seller is asked to put up 110% of the daily fee to cover any increases.
Once escrow is closed, it would be difficult to go back to the seller and ask
him to pay you for any additional property taxes. Likewise, you would not want
the seller to come back to you and ask for a refund if the property taxes were
to go down.
To prevent any misunderstandings, ask you escrow officer, attorney, or real
estate agent about the property tax prorations, and find out when the property
tax assessment is scheduled to be made in your state. Tax assessment dates vary
from state to state. In California, for example, taxes become an outstanding
debt against property on the first day of March, even though they are not
payable until considerably later.
The full fiscal year for property taxes in California runs from July lst to June
30th, and it is divided into two halves so that payments may be made in two
installments. In Illinois, as another example, property tax payment dates vary.
Larger counties typically schedule them for March lst and September lst, and
smaller counties schedule them for June lst and September lst.
Bio:
Sandra Gadow is a title officer with more than 25 years experience in escrow,
title, and real estate. She has helped thousands of people buy their homes.
She is a mortgage broker, and a member of the American Land Title Association,
the California Escrow Association, the National Association of Real Estate
Editors, and the California Association of Realtors.