Tax planning question, for year 2011

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I hope this will not turn into a political discussion as anything related to tax has been high jacked and locked. I am asking about what is legal, accepted, and common practice.

Recently I realized that based on my projected income and mortgage payment schedule. I'll be done with my own mortgage way ahead of time due to aggressive principle payment. In this case my mortgage interest deduction will be near zero very soon and I'll be hitting AMT. Wife and I agree that putting extra money in retirement plan (Roth IRA, for example) is not a good idea, because based on our aggressive investment we are doing, we're very likely going to be paying even more taxes in retirement than now, and we'd rather use the money to invest right now (since the market is still low, relatively speaking) and help her parents out.

One thing we would like to do if possible, is to help pay for her parents' mortgage. They are unfortunately unemployed / underemployed, collecting unemployment and working 1-2 days per week on and off, and near retirement age (65), not much savings (spend all of them on children's education). Currently they have a mortgage that's near the cost of the home that has another 25 years to pay off. My wife's and her brother's names are not in the house or the mortgage. Since their parents' income is so low, it wouldn't do much good to have them use the mortgage interest in itemized deduction. Would it be legal for us to help them out by paying for their mortgage and claim the interest deduction, does the loan holder (i.e. Fanny) have to include our name in the mortgage, does our name have to be on the deed of the house? Can this be done only to your own primary residence? any residential property you own? or any property you are paying for?
 
If you are paying their mortgage couldn't you or your wife claim the parents as dependents? I don't know if that would be a bigger tax reduction than the mortgage deduction or if you can still do that but I think you could use to claim your parents as a dependent if you are providing half their support.
 
I'm not an accountant but my guess would be this is treated as a gift to them meaning you could not deduct their mortgage interest.
 
I like mechanicx's answer. There should be good tax advantage for claiming them as dependants. Though this doesn't answer your original question about their mortgage.
 
They can be claimed as dependents if they meet a few conditions (50%+ of their support is paid by Pandabear, they are US citizens, they cannot be claimed as dependents on someone else's return).
 
Originally Posted By: PandaBear
I hope this will not turn into a political discussion as anything related to tax has been high jacked and locked. I am asking about what is legal, accepted, and common practice.

Recently I realized that based on my projected income and mortgage payment schedule. I'll be done with my own mortgage way ahead of time due to aggressive principle payment. In this case my mortgage interest deduction will be near zero very soon and I'll be hitting AMT. Wife and I agree that putting extra money in retirement plan (Roth IRA, for example) is not a good idea, because based on our aggressive investment we are doing, we're very likely going to be paying even more taxes in retirement than now, and we'd rather use the money to invest right now (since the market is still low, relatively speaking) and help her parents out.

One thing we would like to do if possible, is to help pay for her parents' mortgage. They are unfortunately unemployed / underemployed, collecting unemployment and working 1-2 days per week on and off, and near retirement age (65), not much savings (spend all of them on children's education). Currently they have a mortgage that's near the cost of the home that has another 25 years to pay off. My wife's and her brother's names are not in the house or the mortgage. Since their parents' income is so low, it wouldn't do much good to have them use the mortgage interest in itemized deduction. Would it be legal for us to help them out by paying for their mortgage and claim the interest deduction, does the loan holder (i.e. Fanny) have to include our name in the mortgage, does our name have to be on the deed of the house? Can this be done only to your own primary residence? any residential property you own? or any property you are paying for?


I am prohibited by law from giving tax advice. But legally....from reading online I find from publication 936:

"This part explains what you can deduct as home mortgage interest. It includes discussions on points, mortgage insurance premiums, and how to report deductible interest on your tax return.

Generally, home mortgage interest is any interest you pay on a loan secured by your home (main home or a second home). The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan.

You can deduct home mortgage interest if all the following conditions are met.

You file Form 1040 and itemize deductions on Schedule A (Form 1040).

The mortgage is a secured debt on a qualified home in which you have an ownership interest. “Secured debt” and “qualified home” are explained later.



I think the key phrasing is 'ownership interest'. your atty will advise you what that means.
 
Originally Posted By: QuadDriver
I am prohibited by law from giving tax advice. But legally....from reading online I find from publication 936:


What did you do?
 
Working for the "dark side", I presume, because CPA-s are not prohibited from giving tax advice.
 
Originally Posted By: QuadDriver
I think the key phrasing is 'ownership interest'. your atty will advise you what that means.


Yup, seems like that's the key here. It wouldn't have any problem in the "qualified home" test.

Originally Posted By: QuadDriver
its not what I did, its what I do ;-)


I hope you do well in it, because our federal budget isn't that great at the moment.
 
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