
TaxMan
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In order to deduct the mortgage interest, you have to be legally responsible for the mortgage (your name must be listed as one of the debtors). The amount you can deduct on Sch A is how much you actually pay towards the mortgage. If you give your brother a check and he cashes it and pays the entire amount, this will be fine. I'd put "morgage" on the check and keep photocopies of cleared checks for backup just in case.
For RE taxes, your name has to be on the title of the home. Whatever RE taxes you actually pay is deductable on Sch A.
However, if you are paying your brother "rent", then you can not deduct the rent and your brother has to file a Schedule E claiming the rent. This is not the best thing to do normally.
I recommend having the person with the higher income pay the mortgage and RE taxes and claim the whole thing themself. The other person can take the standard deduction. This often results in less tax liability overall. The person with the lower income can pay all the other bills and maybe gift some money to the one paying the mortgage.
Example:
Let's say morgage interest for the year is $7,000 and RE taxes is $3,000. Let's also say that each of you have $2,000 of other Schedule A write-offs...for example, state income taxes paid.
If you go 50/50, then each of you will write off $7,000 on your schedule A. $10,000 divided by 2 = $5,000 + $2,000 = $7,000.
If one pays for Mortgage and RE, then they claim $10,000 + $2,000 = $12,000. The other person only has $2,000 to claim, so they will take the standard deduction of $5,450. Together, you will be deducting $17,450 whereas by going 50/50, you only deducted $14,000. This causes an additional deducton of $3,450 which can save $863 in taxes (if the payer is in the 25% bracket). Not bad for a slight modification in paying bills. Plus, it is perfectly legal.
(Extra: So, let me get this straight. You are buying a house with your brother 50/50. You are going to live in both halves of the house. You are going to pay half the mortgage and RE taxes for the 1/2 you own, and you will pay your brother rent for his half...correct?
You will be able to write off the mortgage and interest you pay on your half of the house, but you will not be able to write off the rent you pay your brother (obviously). On the other hand, your brother will be an owner of 1/2 of a house that he will rent out to you. He will file a Schedule E showing the rent he collects from you, while depreciating the 1/2 house over 27.5 years and writing off the mortgage interest, RE taxes, repairs, and whatever other expenses he incures on that 1/2 of the home. Now that I think about it, this doesn't sound like a bad idea. Good luck to you two!) |

j-man
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If your name appears on the mortgage, then yes. If the mortgage will only be in your brother's name, then no.
If you are paying rent to your brother (as opposed to you paying your half of the mortgage), then it sounds like he will get to write off all of the mortgage interest (and property taxes, and possibly Mortgage Insurance). At the same time, he will have to include your rent payments as rental income (on Schedule E). But any expenses to maintain the home may be written off. |