HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > TAX LAW > Tax Law
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read

Tax Law Federal, State and Local Income Taxes, Sales Taxes, etc. For Estate, Gift and Inheritance Taxes, Please Post Under Will, Trusts & Estate Planning



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-29-2008, 04:18 PM
Junior Member
 
Join Date: Nov 2008
Posts: 1
Question

Mortgage Interest Deduction


What is the name of your state (only U.S. law)? NC
11/29/2008

My parents I purchase a home, they were unable to qualify for the purchase, so I qualified for the home in my name only. I am on loan and title, they are not.
How can I give them their portion of the Mortgage Interest Deduction for their income tax filing?
Thanks,
LEH
Reply With Quote
  #2  
Old 11-29-2008, 04:32 PM
Member
 
Join Date: Nov 2000
Posts: 575
You can't. To qualify for the mortgage interest deduction, you must (#1) be legally liable for the mortgage AND (#2) actually pay the mortgage. Your parents do not meet #1.
Reply With Quote
  #3  
Old 11-29-2008, 07:22 PM
Senior Member
 
Join Date: May 2004
Posts: 33,545
Quote:
Originally Posted by freeadvicekclh View Post
What is the name of your state (only U.S. law)? NC
11/29/2008

My parents I purchase a home, they were unable to qualify for the purchase, so I qualified for the home in my name only. I am on loan and title, they are not.
How can I give them their portion of the Mortgage Interest Deduction for their income tax filing?
Thanks,
LEH
Unfortunately, you cannot. In order for them to be able to take the mortgage interest deduction, they must be both liable for the mortgage, and must pay the mortgage. In this case they appear to be paying it, but they are not liable for it. Its also sticky for you to be the sole owner of their home.

One thing that you could do is sell the home to them via contract and charge them the same interest that you are paying.

You would have to report the installment sale, but the interest you would have to take into income would be offset by the interest that you are able to deduct, and then your parents would be able to deduct the interest showing you as the mortgage holder. It would also protect your parent's interest in the home.
__________________
in vino veritas
Reply With Quote
  #4  
Old 11-30-2008, 12:09 AM
Senior Member
 
Join Date: Mar 2006
Posts: 5,019
I agree with the others. Maybe you can make a note for the balance from them to you. See a tax professional.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer

Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 11:04 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.