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CompleteNewb
Joined: 14 Dec 2007 Posts: 1
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Posted: Fri Dec 14, 2007 3:32 am Post subject: Unmarried couple w/ different wages; how best declare intere |
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My girlfriend and I bought a house recently, and we are botth on the loan.
We both make payments, but our wages are vastly different. I understand
that there are tax credits for paying interest on a home loan, but we are
unsure if there would be an advantage to declaring the interest that is paid
in a different way (ie., does someone with a much lower wage get better
interest credits, or someone with a higher wage? Does it not matter? If
the lower wage person makes the majority of the payments, is that better in
terms of the credit at refund time, or would it be better for the higher
wage person to pay more of the mortgage (and therefore get more of a credit
due to more interest being paid also). Or is it just a straight credit
that's given based on the actual amount of interest paid, and so no
combination is any different in terms of who pays more, etc., we'll get
exactly the same interest paid credit as if one person paid all of it, the
other person paid all of it, or both split, etc.?
Any advice on this would really be appreciated, and thanks.
Archived from group: us>taxes |
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Paul Thomas, CPA
Joined: 25 Aug 2007 Posts: 3094
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Posted: Fri Dec 14, 2007 1:22 pm Post subject: Re: Unmarried couple w/ different wages; how best declare in |
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"CompleteNewb" wrote
> My girlfriend and I bought a house recently, and we are botth on the loan.
> We both make payments, but our wages are vastly different. I understand
> that there are tax credits for paying interest on a home loan,
It's not a "tax credit" but you may be able to deduct the mortgage interest
on Schedule A, along with property tax that is paid from excrow (or paid
directly by you if that's the case).
> but we are unsure if there would be an advantage to declaring the interest
> that is paid in a different way (ie., does someone with a much lower wage
> get better interest credits, or someone with a higher wage? Does it not
> matter?
Oh, but it does matter. The deduction is allowed to the one who makes the
payment (who is also liable for the payment). So if you split the payments
evenly, then split the deduction evenly. If payments were made in some
different manner (60-40, etc) then split the deduction accordingly.
One caveat though, there will only be one SSN on the 1098 form. That form
reports the mortgage interest received by the lender to the IRS. The other
person whose name and SSN is not on the 1098 may need additional
documentation to support their claimed deduction, if the IRS were to ask
about it.
> If the lower wage person makes the majority of the payments,
> is that better in terms of the credit at refund time, or would it
> be better for the higher wage person to pay more of the
> mortgage (and therefore get more of a credit due to more interest being
> paid also).
You would need to anticipate that answer in advance by running the different
scenarios through your tax software.
> Or is it just a straight credit that's given based on the actual
> amount of interest paid, and so no combination is any
> different in terms of who pays more, etc., we'll get exactly the same
> interest paid credit as if one person paid all of it, the other person
> paid all of it, or both split, etc.?
The deduction is limited to no more than the total amount of mortgage
interest paid. How you split that between you is dependent on how the
payments are made. 2007 is history for the most part, but you can make
plans for 2008 and future years to see who might benefit most and structure
the payments accordingly.
Itemized deductions are only allowed to the extent that, in total, they
exceed the standard deduction amount.
--
Paul A. Thomas, CPA
Athens, Georgia |
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Jim Kingdon
Joined: 25 Aug 2007 Posts: 56
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Posted: Fri Dec 14, 2007 2:37 pm Post subject: Re: Unmarried couple w/ different wages; how best declare in |
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> Oh, but it does matter. The deduction is allowed to the one who makes the
> payment (who is also liable for the payment). So if you split the payments
> evenly, then split the deduction evenly. If payments were made in some
> different manner (60-40, etc) then split the deduction accordingly.
Right. We interpreted "liable for the payment" to mean we actually
needed to sign a contract between the two of us saying who was going
to pay (well, we wanted such a contract for other reasons). I think
there was a Nolo book which described the legal issues of an unmarried
couple owning a home together which was our main source of advice (if
you aren't aware of tenants in common versus joint tenants with right
of survivorship, for example, you probably want to get such a book).
> One caveat though, there will only be one SSN on the 1098 form.
> That form reports the mortgage interest received by the lender to
> the IRS. The other person whose name and SSN is not on the 1098 may
> need additional documentation to support their claimed deduction, if
> the IRS were to ask about it.
I believe the instructions tell you to submit a statement with one or
both filings saying that the deduction was for a 1098 in someone
else's name, and who the someone else was. Follow the instructions...
If you haven't already, read Publication 530, "Tax Information for
First Time Homeowners". Some, but not all, of the line items on the
HUD-1 form you got with the purchase are deductible. |
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Phil Marti
Joined: 25 Aug 2007 Posts: 2520
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Posted: Sat Dec 15, 2007 1:43 am Post subject: Re: Unmarried couple w/ different wages; how best declare in |
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"Jim Kingdon" wrote:
> Right. We interpreted "liable for the payment" to mean we actually
> needed to sign a contract between the two of us saying who was going
> to pay (well, we wanted such a contract for other reasons). I think
> there was a Nolo book which described the legal issues of an unmarried
> couple owning a home together which was our main source of advice (if
> you aren't aware of tenants in common versus joint tenants with right
> of survivorship, for example, you probably want to get such a book).
You might want to check what IRS means by "liable for the payment" since
they don't base things on Nolo books. It means "on the mortgage" if you
want to take a Schedule A home mortgage interest deduction. You can make
any contracts between yourselves you like, but IRS isn't bound by them.
--
Phil Marti
Clarksburg, MD |
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Jim Kingdon
Joined: 25 Aug 2007 Posts: 56
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Posted: Sat Dec 15, 2007 5:22 am Post subject: Re: Unmarried couple w/ different wages; how best declare in |
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> You might want to check what IRS means by "liable for the payment"
Uh, OK. What publication is that in? I didn't see it defined in the
ones I was looking at (probably 530 and 936) beyond words like
"legally liable".
> It means "on the mortgage" if you want to take a Schedule A home
> mortgage interest deduction. You can make any contracts between
> yourselves you like, but IRS isn't bound by them.
Well, we are both on the mortgage.
I'm probably not explaining this whole thing very well (and don't
blame Nolo based on my own garbled summaries of what I have done -
some of which is based on Nolo books and some of which is not).
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