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Subject Author Date
property tax - 3 owners SMF 01-19-2007
Posted by Harlan Lunsford on January 23, 2007, 2:23 am
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>>> 3 adult siblings own a summer property together. They all
>>> put funds in an account under one of their names to cover
>>> costs. The property taxes are paid out of this account.
>>> Who gets to deduct the property taxes paid. 1/3 to each?
>>> The total to the one who is the account owner? All are
>>> liable , all put the same funds in the account, but only one
>>> is on the account. Thanks

>> Well, since they all three own the property, it must be so
>> titled, i.e. in all their names. therefore they split the
>> deduction. Doesn't matter where funds come from.

> Do people really get to deduct taxes they didn't pay?
>
> The fact that the taxes were paid _through_ a single account
> shouldn't matter, but the fact that their _source_ was each
> of the three people does.

Well DUH! Point of clarification.

"Well, since they all three own the property, it must be so
titled, i.e. in all their names. therefore they split the
deduction. Doesn't matter from which account the funds come
from, (added!) as long as they all pay their fair share."

there, that better?

ChEAr$,
Harlan Lunsford, EA n LA

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Posted by San Diego CPA on January 21, 2007, 4:37 pm
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> 3 adult siblings own a summer property together. They all
> put funds in an account under one of their names to cover
> costs. The property taxes are paid out of this account.
> Who gets to deduct the property taxes paid. 1/3 to each?
> The total to the one who is the account owner? All are
> liable , all put the same funds in the account, but only one
> is on the account. Thanks

Whose bank account the money comes out of does not determine
who gets the deduction. Assuming all three names are on the
deed to the property and they each own 1/3, then absent any
special agreements, they should each get 1/3 of the income &
expenses related to the property.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

Posted by ed on January 21, 2007, 4:37 pm
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SMF wrote:

> 3 adult siblings own a summer property together. They all
> put funds in an account under one of their names to cover
> costs. The property taxes are paid out of this account.
> Who gets to deduct the property taxes paid. 1/3 to each?
> The total to the one who is the account owner? All are
> liable , all put the same funds in the account, but only one
> is on the account. Thanks

The each own a 1/3 undivided interest in the property,
therefor, they each deduct 1/3 of the taxes. to get it in
erspective, consider that they are "partners" and if they
filed a 1065 they would have the 1/3 tax liability
distributed to each of them--same goes for a Trust.

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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