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magl
Level 1

claiming mortgage interest and taxes without my name on 1098..My son and I own a home, I have not filled my taxes yet. My son's name is not on the mortgage and but is on the title. he pays the mortgage . Can he claims interest and taxes on his return?

 
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3 Replies
DianeW777
Expert Alumni

claiming mortgage interest and taxes without my name on 1098..My son and I own a home, I have not filled my taxes yet. My son's name is not on the mortgage and but is on the title. he pays the mortgage . Can he claims interest and taxes on his return?

It depends. If the home is collateral for the loan, the person responsible for paying the loan/mortgage and has their name deed for the home would be allowed to deduct the interest and taxes if it was their main home or second home.

 

If both qualify, a general rule of thumb is the person paying the expense gets to take the deduction.

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magl
Level 1

claiming mortgage interest and taxes without my name on 1098..My son and I own a home, I have not filled my taxes yet. My son's name is not on the mortgage and but is on the title. he pays the mortgage . Can he claims interest and taxes on his return?

Thanks - do you mean as long as I am paying the mortgage and my name is on the deed, I can claim deduction even though my name is not on 1098?

AmyC
Expert Alumni

claiming mortgage interest and taxes without my name on 1098..My son and I own a home, I have not filled my taxes yet. My son's name is not on the mortgage and but is on the title. he pays the mortgage . Can he claims interest and taxes on his return?

Yes. The IRS requires it to be a secured debt on a qualified home. Your son living there qualifies it to be considered a second home for you since it is personal use by your family.

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