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Can a cosigner who resides in the home deduct on his income tax the property taxes on the home and the mortgage interest that he pays on the loan for that home?
Wiki User
∙ 8y ago
Some basic facts:
1) You cannot deduct any property taxes or mortgage interest unless YOU paid it. If a co-owner or cosigner (or even a complete stranger) paid the taxes or interest you cannot deduct them even though you might be an owner of the house.
2) There are severe restrictions on an individual's ability to deduct any type of interest payments. As a general rule, an individual may not deduct any interest payments. One exception to this rule is a limited deduction for interest on a qualified residence. The person deducting the interest must be the legal or beneficial owner of the property in order to qualify under this exception. Unless there are other facts not present in the question, the co-signer would likely not be a legal of beneficial owner.
3) To deduct real estate taxes, the taxes must be imposed on the person taking the deduction. Real estate taxes would be imposed on the owner of the property. The Tax Court has allowed beneficial owners to also claim the deduction (See Trans v Commissioner and Uslu v Commissioner). The co-signer would not be a legal owner and the status of "beneficial owner" is a very difficult one to establish (and we have no evidence the co-signer would qualify as a beneficial owner). Hence the co-signer cannot deduct the real estate taxes.
Conclusion: Neither the borrower nor the co-signer can claim a deduction.
Wiki User
∙ 8y ago
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