House-Related Deductions

Today TaxMama® hears from bhusler28 in the TaxQuips Forum with a good question. “I recently got divorced. Right now the deed is in my name, but the loan is in both my ex-husband’s name and my name.
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When we file our taxes, we are unsure as to who gets to claim the taxes from the property, school and what not. I have been paying on the house myself since February 2012.”

Dear B.

Congratulations on your divorce. I hope this opens you up to some wonderful experiences.

As to who gets to take the deductions?
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ONLY the person who has been making the payments.
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So, if you have been paying everything since February, you get all those payments.

If he made the payment in January, he gets that payment. If the January payments were made from joint funds, you each get half.
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This applies to the mortgage interest, property taxes and PMI (if applicable). The PMI (private mortgage insurance) deduction was restored retroactively to January 1st of 2012 in the recently passed legislation.
And remember, you can find answers to all kinds of questions about deduction splits and other tax and business issues, free. Where? Where else? At

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2 thoughts on “House-Related Deductions

  1. TaxMama says:

    Dear Richard,

    Oh sweetie, it just gets worse and worse when you delay.
    I wish you had filed your tax return last year before the extension ran out.
    You would have saved yourself a huge sum of money – 25% late filing penalty + the interest on it (for IRS) + whatever penalties the state charges.

    Despite what they say, you could probably have rolled those taxes into your 2011 installment agreement with the IRS. But yes, you would have had to have set up a repayment plan with NC.

    And now, are you paying in the CURRENT year’s taxes for 2013?
    Please, please see if you can budget for that.
    It will make it easier to catch up on the past.

    I am not sure what you’re doing for a living.
    But you sound self-employed to me.
    So, please see if you can find a job, with withholding, instead.
    When a self-employed person’s net profits are so tight, perhaps running a business is not the best idea. Let someone other guy run a business – and you just do what you’re good at, for him/her. You will have less stress – and more take-home pay.


  2. Richard says:

    I currently have a repayment plan with the IRS and have been compliant with all my payments. I could not afford to pay my taxes for the year 2011 and requested an extension and still was not able to pay my taxes. I still have not filed my returns for 2011 for the IRS and the state of North Carolina. I’m currently paying the IRS $300.00 a month and the state of Michigan $135.00 a month. My income is very limited and is used to pay all my expenses, I don’t have very much money left over each month to do much of anything. What should I do? I am at my wits end.

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