Filing Personal Property Tax under spouse when bills are in your name.

Walnut · ‎January 28, 2020

Since my deduction cap is set at $5k when filing 'married but separately' (we need to file this way) and I hit this limit with mortgage interest alone, would it be okay to move the personal property deductions to my wife's filing? The personal property tax is in my name since all the car titles and house are in my name (I purchased them all prior to marriage) but since we are married I'd consider them expenses shared by the house hold.

DavidS127 · ‎January 28, 2020

The $5K deduction cap is for state and local taxes (property taxes, state and local income taxes, or sales taxes). Mortgage interest is not included in that $5,000 limit.

Generally, only you can claim the deduction for property owned solely by you. See this IRS FAQ about splitting itemized deductions on a married filing separately return. That IRS guidance includes this:

".....if only one of you is eligible for a deduction for an expense (for example, real estate taxes on a property owned only by the eligible spouse), only the spouse who is eligible for the deduction is allowed to claim it, even if the expense is paid from joint funds."

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Walnut · ‎January 28, 2020

That hits the nail on the head! Not in the way I'd hoped but at least I know I can't do that. Thank you for taking the time to provide this valuable information. Have a great night!

Filing Personal Property Tax under spouse when bills are in your name.

Deductions & credits

Deductions & credits