Real Estate Contracts, Disclosures & Property Taxes Explained
Buying or selling a home isn’t just a financial decision — it’s a tax decision.
And in a high-value market like San Jose, understanding your potential tax implications can help you:
reduce your tax burden
avoid surprises
plan smarter
prepare the correct paperwork
and maximize your net proceeds
This guide breaks down what you need to know whether you're buying, selling, or investing — using simple explanations for homeowners and deeper insights for investors.
For a full breakdown of San Jose–specific rules, visit the complete
👉 San Jose Real Estate Taxes, Contracts & Disclosures Guide
In Santa Clara County, the base property tax rate is roughly 1.1% of the assessed value, plus local bonds.
Your assessed value is based on your purchase price, thanks to Proposition 13.
This means:
you won’t be taxed on market value
your property tax increases are capped at 2% per year
Most San Jose buyers can deduct mortgage interest on loans up to $750,000 (per federal guidelines).
This is most beneficial for:
first-time homeowners
high-income buyers
anyone carrying a large mortgage balance
You can deduct state/local taxes up to $10,000 per year.
In high-cost areas like San Jose, this limit is reached quickly — but still important to note.
Some closing costs may be deductible in the year you purchase.
This varies by loan type and your tax filing status, so you should consult a CPA for exact eligibility.
If you're early in the buying process, here’s a full step-by-step:
👉 San Jose Home Buying Process Guide
If you’ve owned and lived in your home for 2 out of the last 5 years, you may qualify for the Primary Residence Exclusion:
$250,000 tax-free (single)
$500,000 tax-free (married)
In San Jose, where appreciation is often substantial, this exclusion can save sellers hundreds of thousands of dollars.
Your gain is calculated as:
Sale Price
– Selling Costs
– Cost Basis
= Your Gain
Cost basis includes:
original purchase price
major improvements
closing costs on purchase
Tracking improvements is key.
Every upgraded kitchen, bathroom, roof, window, or addition can increase your cost basis and reduce your taxable gain.
To understand your home’s true market value, start here:
👉 Home Selling Guide
IRS allows adjustment for:
real estate commissions
title & escrow fees
transfer taxes
certain repair credits
These expenses reduce your taxable gain — and are often overlooked by sellers.
This is where many homeowners miss opportunities.
Rental property owners can depreciate the structure over 27.5 years.
This deduction:
reduces taxable income
creates paper losses
improves overall cash flow
But when you sell, depreciation is recaptured and taxed — unless you use strategy #2.
A 1031 exchange lets you sell an investment property and defer capital gains tax if you purchase another “like-kind” property.
This is a powerful way to:
grow your portfolio
avoid immediate tax liability
leverage appreciation
reposition assets
Full investor strategies are covered here:
👉 San Jose Real Estate Investing & Rental Strategies Guide
If heirs receive a home, the property’s cost basis is “stepped up” to current market value — often eliminating large capital gains.
Some investors can deduct real estate losses against their active income — depending on their income level and IRS classification.
This is where a CPA’s guidance becomes crucial.
To properly file taxes after buying or selling, gather:
HUD-1 / Closing Disclosure
Final Settlement Statement
Improvement receipts
Mortgage interest forms (1098)
Property tax statements
Depreciation schedules (if rental)
If you need help understanding documentation, visit:
👉 Contracts & Disclosures Guide
You should absolutely consult a CPA if:
you’ve owned the home less than 2 years
your gain exceeds $500K
you inherited the property
you are selling a rental property
you are doing a 1031 exchange
you flip homes
you have major improvements that affect your cost basis
you own multiple properties
A CPA + a strong real estate agent will protect your equity and minimize your tax burden.
If you're preparing to buy or sell and want to understand your tax exposure, I’m here to help.
We’ll review:
your timeline
your cost basis
your potential exclusions
your net sheet
your estimated tax implications
your long-term strategy
👉 Contact me here and I’ll walk you through everything.
Let’s talk through your home, your numbers, and your long-term plans so you can make confident decisions.
Zaid Hanna
408-515-1613
www.re38.com
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