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November 13, 2021
Question

Question Regarding Property Tax

  • November 13, 2021
  • 2 replies
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I bought a home in my name with my sister. Her name is only on the Title but the mortgage is under my name. I bought it to help her purchase this home because she couldn’t buy it herself. Anyways she currently is using the house as an investment property. The thing is I don’t get the money she receives for the rent of each floor. But when it comes to income tax time am I supposed to put the house on my taxes and put what they give as rent as my income. Or does she put the house on her income tax even though the mortgage is only under my name?

2 replies

Critter-3
November 13, 2021

If she gets all the income and pays all the expenses then only she should report the rental on her return. 

Carl11_2
Employee
November 14, 2021

I bought a home in my name with my sister.

The way I understand the above, is that both you and your sister are on the loan. I assume that you are primary on the loan and your sister is the co-signer. So you are both equally obligated to pay the loan.

Her name is only on the Title

No mis-understanding there. Only your sister is listed on the real estate title/deed for the property.

but the mortgage is under my name.

I assume you mean that you are the "primary" borrower on the loan, with your sister as co-signer. If my assumption is correct, then the 1098-Mortgage Interest Statement will be issued to you at tax time.

when it comes to income tax time

Your sister will report everything on her tax return since she is the one using the property to produce income for her alone.  She will most likely be the one to claim the mortgage interest, property taxes and property insurance on her tax return too, as I assume she meets both of the basic criteria to claim it.

1) Must be obligated to pay it.

2) Must actually pay it.

So if the property title/deed is in her name only, then she is obligated to pay mortgage interest (assuming her name is on the loan), property taxes and property insurance.

If her name is not on the loan, then it looks like she may have what's called "vested interest" in the property which is supported by her name being on the property deed/title. That would be enough for #1 above since she is also receiving all of the income/gain from the investment property.

My above on this is extremely simplified and should be enough for  you to "get it". If not, there are other participants in this public forum that can explain it if necessary, much better than I can.

 

 

Employee
November 14, 2021

@natjm429  wrote:  "Or does she put the house on her income tax even though the mortgage is only under my name?"

 

Yes.   A taxpayer may report a home interest deduction if the interest he paid is on a mortgage on real estate of which he is the legal or equitable owner, even though he is not directly liable on the bond or note secured by the mortgage.

 

Your sister should report the rental income and the mortgage interest she paid on Schedule E of her tax return.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.