https://www.hhcpa.com/blogs/income-tax-accountants-cpa/home-interest-deduction-even-when-its-not-in-your-name/There are instances where you can claim these deductions, even if you aren't on the loan. If you are somehow legally responsible for the property, or pay for the insurance, or have an agreement with your parents that you will get the house when they die (i.e. some type of ownership). I think technically you need to be added to the title so you can show ownership, but if there is an
oral agreement, you might have an argument...in the short term. Long term, you probably need some written contract between you and your parents, and then get added to the title. If the IRS audits you, if you can show an agreement/contract with your parents, you can then "play dumb" about not being added to the title, and promise to do it.
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I used to do taxes a long time ago, but i'm not an expert at all. I'd ask a CPA; I know a lot of people who pay property taxes for family members and deduct them, but if it's a lot of $, you may get red flagged and audited, so you want to be prepared. If you have a high salary but your personal home has low interest/taxes, then your additional payments for your parents might not raise any flags, but hard to say.
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In a recent Tax Court Summary Opinion, it has been decided that a taxpayer can claim home interest deductions for making payments on a mortgage even though the mortgage was not legally owned by the taxpayer. In order for the taxpayer to claim the home interest deduction, there has to be an oral agreement granting the taxpayer an interest in the home in return for paying the mortgage and property expenses, along with the taxpayers’ name ultimately being added to the legal title. This will result in the taxpayer becoming an equitable owner of the property.
Topic: Underpaid taxes (Read 2526 times)