Q. If My brother's name and last 4 social security number is on my 1098 form, but I live in the house and pay the mortgage. Can I take the mortgage interest deduction?A. Maybe. Living in the house is not enough to allow you to do that. You have to meet the rules, which are:You are legally obligated to pay it. You meet this requirement, if you own the property and thus have a "beneficial interest" in the mortgage. You actually pay it. For other examples of how you may qualify to take the deduction, see https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-family-lives-together-who-gets-the-mortgage-interest-and-property-tax-deduction/01/2378370#M221990 Since there will no matching form 1098 in the IRS computers, there is a chance of an IRS inquiry. Keep good records.

Question

If My brother's name and last 4 social security number is on my 1098 form, but I live in the house and pay the mortgage. Can I take this credit?

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January 16, 2022
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Hal_Al

Employee

Q. If My brother's name and last 4 social security number is on my 1098 form, but I live in the house and pay the mortgage. Can I take the mortgage interest deduction?

A. Maybe. Living in the house is not enough to allow you to do that.

You have to meet the rules, which are:

You are legally obligated to pay it. You meet this requirement, if you own the property and thus have a "beneficial interest" in the mortgage.
You actually pay it.

For other examples of how you may qualify to take the deduction, see https://ttlc.intuit.com/community/tax-credits-deductions/discussion/re-family-lives-together-who-gets-the-mortgage-interest-and-property-tax-deduction/01/2378370#M221990

Since there will no matching form 1098 in the IRS computers, there is a chance of an IRS inquiry. Keep good records.