Property Taxes - Name On Title

[TaxCrazy]

What is the name of your state? Nevada

If my name is on title for a house but I am not on the loan
that financed the house can I still claim taxes on the
house?

Thank you for the help.

[LdiJ]

Originally Posted by TaxCrazy

What is the name of your state? Nevada

If my name is on title for a house but I am not on the loan
that financed the house can I still claim taxes on the
house?

Thank you for the help.

There are two criteria for claiming a deduction for home mortgage interest and property taxes:

1) You must have actually made the payments, and

2) You must be liable for the payments.

You are not liable for the payments, therefore you cannot take the deduction.

[FlyingRon]

If he is on the deed, he most likely is liable for the property taxes and is deductible if he paid them.

The mortgage interest is a differnet story.

[TaxCrazy]

Thank you for all the information.

[LdiJ]

Originally Posted by FlyingRon

If he is on the deed, he most likely is liable for the property taxes and is deductible if he paid them.

The mortgage interest is a differnet story.

If they are not rolled into the escrow and paid by the mortgage company, I would agree that he/she may be able to deduct the property taxes, assuming that he/she has enough other deductions to itemize.

[FlyingRon]

Originally Posted by LdiJ

If they are not rolled into the escrow and paid by the mortgage company, I would agree that he/she may be able to deduct the property taxes, assuming that he/she has enough other deductions to itemize.

Huh? If he paid them, he paid them. Doesn't matter if it was via the escrow impound or if he wrote the taxman a personal check. (The actual amount of tax is what is deductible, rather than what is the "escrow" part of the payments).

[tranquility]

This can be a more complex question than simply who is on the mortgage. Who is responsible can mean more than who is legally responsible.

See a tax advisor who can look at all the facts.

[justalayman]

if the taxes are rolled into the mortgage and s/he is not liable for the mortgage, s/he most likely has not actually paid the taxes but whomever is paying the mortgage has.

OP is liable for the taxes regardless of how they are being paid due to the fact they are the title holder.

so, as LdiJ said, there is a twofold test and if s/he meets that test, s/he can include the taxes on his/her taxes.

[tranquility]

However, as I said, the two-fold test has may have case law issues which apply to the OP. See a tax professional.