Tuesday, August 24, 2010

Can I deduct paid mortgage interest and points paid on a loan if the property is in my mother's name?

Because I have made all of the mortgage payments..and Of course she will not take any deduction if I can.Can I deduct paid mortgage interest and points paid on a loan if the property is in my mother's name?
If you are not legally liable for the debt you cannot claim the deduction for the mortgage interest and points paid, The Internal Revenue Service states that you must be liable for the debt.


If your name is on the Mortgage and the 1098 comes in your name you can deduct it if you are itemizing you deduction on the Schedule A. versus taking the standard deduction. See Publication 936Can I deduct paid mortgage interest and points paid on a loan if the property is in my mother's name?
You can only deduct mortgage interest if you are legally obligated for the mortgage debt. Since it's your mother's mortgage, it doesn't matter that you paid her mortgage payments for her as you are not legally obligated for the debt.





See IRS Pub 936 for a full explanation of mortgage interest deductions. http://www.irs.gov/pub/irs-pdf/p936.pdf





Depending upon the amount of the mortgage payments that you made for your mother there could be gift tax consequences for you. See IRS Pub 950 for further information: http://www.irs.gov/pub/irs-pdf/p950.pdf
If you signed the mortgage note, then you can probably deduct it. If you are just making payments, without any legal obligation to do so, then it will probably be treated as gift to your mother.
You have to be the owner and it has to be a property that was used for income purposes
If you are on the loan and pay the interest then you should be able to. The mortgage lender sends a statement at the end of the year for tax purposes telling you have much interest you have paid and what you can deduct.
no, the person that is responsible on the note is the only one that can use this for her taxes. It is hers and noone elses. you can claim you are head of household if you live there and are paying 50% or more of household expenses.
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