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New Member
posted Jun 6, 2019 6:52:02 AM

My co-owner and i are on the single family home's title. Only my name is on the loan. My co-owner pays for the mortgage and claims the mortgage interest deduction on his income tax. My CPA said that only the person on the mortgage can claim the mortgage i

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1 Best answer
Level 15
Jun 6, 2019 6:52:10 AM

In most instances, interest can be deducted only by the person or entity that is legally responsible for the debt. However,  a potential exception appears in Regs. Sec. 1.163-1(b), which states:

Interest paid by the taxpayer on a mortgage upon real estate of which he is the legal  or equitable owner  , even though the taxpayer is not directly liable upon the bond or note secured by the mortgage, may be deducted as interest on his indebtedness. 

https://www.thetaxadviser.com/issues/2012/jan/tpp-jan12-story-01.html

There have been numerous Tax Court cases since then, affirming this concept, of which your CPA should be aware.

7 Replies
Level 15
Jun 6, 2019 6:52:03 AM

Who lives in the home?

New Member
Jun 6, 2019 6:52:05 AM

My co-owner.

New Member
Jun 6, 2019 6:52:06 AM

Please help to send me the IRS article showing who can claim for the mortgage. Thanks!

Level 15
Jun 6, 2019 6:52:07 AM
New Member
Jun 6, 2019 6:52:08 AM

Excellent! Your answer was very helpful. I sent it to my CPA and she has agreed to it. Thank you very much for your expert advice.

Level 15
Jun 6, 2019 6:52:10 AM

In most instances, interest can be deducted only by the person or entity that is legally responsible for the debt. However,  a potential exception appears in Regs. Sec. 1.163-1(b), which states:

Interest paid by the taxpayer on a mortgage upon real estate of which he is the legal  or equitable owner  , even though the taxpayer is not directly liable upon the bond or note secured by the mortgage, may be deducted as interest on his indebtedness. 

https://www.thetaxadviser.com/issues/2012/jan/tpp-jan12-story-01.html

There have been numerous Tax Court cases since then, affirming this concept, of which your CPA should be aware.

Level 15
Jun 6, 2019 6:52:11 AM

It's clear, from the fact of your situation,  that your co-owner is an equitable owner and can claim the deduction.