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Returning Member
posted Mar 17, 2021 12:14:39 PM

Property Tax filing implication

Hello,

 

I and my partner owns the house. We are not married. Our property tax is more than $10k. My partner uses standard deduction so property tax doesn't help for standard deduction; however, she puts partial of property tax less than $10k in tax filing, and already filed. My tax deduction is itemized, so I can claim for property tax. I could see if I put total property tax instead of only $10k, I can get more state tax refund, here are my two questions.

1. Can I still put total property tax in tax filing even though my partner already put some amount of property tax in my partner tax filing?

2. If the answer of question 1 is no, is there anything I can do to be able to put total property tax for my tax filing such as requesting my partner tax amendment? 

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3 Replies
Level 15
Mar 17, 2021 12:42:22 PM

You can only claim the property tax that you actually paid - you cannot claim what someone else pays.   You must have proof that you paid it, CC or bank statements, receipts, cancelled checks, etc.

Returning Member
Mar 17, 2021 2:11:40 PM

In this scenario, property tax is paid from joint account that has both myself and my partner name on it, so can I still claim total property tax since my partner doesn't use property tax for standard deduction?

Level 15
Mar 17, 2021 2:16:18 PM

Probably - I doubt it would be challenged.  If you can draw in the money that yiu did not put into the account then it would be a gift and paying tax with a gift is still your money.