Mortgage interest deduction

[Gear0s]

My husband and I are on the deed to our house with my mom. My moms name is on the mortgage but we make the payments. Are we able to claim the interest paid on the mortgage? My mother is deceased (2010). We have always paid the mortgage. I am listed as the point of contact with the lender.

[Vanessa A]

Yes, since your name is on the deed and you make the payments, if this is your primary or secondary home, you can claim the mortgage interest if you are itemizing your return.

In order to itemize your return, you would need to have itemized deductions greater than your standard deduction which is $25,900 for a couple filing a joint return.  Your Itemized deductions consist of your Mortgage Interest, State and Local taxes up to $10,000, medical expenses in excess of 7.5% of your AGI and charitable contributions.  

[Gear0s]

Thank you so much for the info. You can’t by chance claim from prior years, can you? 

[PattiF]

You can claim the mortgage interest from prior years by amending those returns. You are able to amend for the past three years, 2019, 2020, and 2021.

Please be aware, that you cannot e-file for years prior to 2022, you'll need to print and mail your amended return. Please see How do I amend my federal tax return for a prior year? and Can I e-file my 1040X to amend my return for additional information.

@Gear0s