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Real Estate Taxes - Married Filed Separately

lease
Level 1

Married filed separately - house is in wife's name, pays all expenses from account solely in her name - can she take the total property tax deduction (max $10k).  Spouse would have to also itemize and get no standard deduction, no property tax deduction, just deductions related to him...is this correct?

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10 Replies 10
Just-Lisa-Now-
Level 15
Level 15

MFS SALT is $5000 max


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lease
Level 1

Even if paid from a non-joint account?

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Just-Lisa-Now-
Level 15
Level 15

Doesnt matter what account is came from, SALT is limited to $5000 for MFS


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lease
Level 1

Thanks - so then the spouse could claim the other $5000?  even though it was paid from an account not in his name and the house is not in his name

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sjrcpa
Level 15

No. Each spouse can only claim the deductions to which they are entitled.


ex-AllStar
lease
Level 1

So would the spouse paying the property taxes, in a non community property state, be able to take the $10k in property taxes when married filing separately?

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Just-Lisa-Now-
Level 15
Level 15
Put 10K in RE taxes on Sch A on a MFS return...what does it limit it to?

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itonewbie
Level 15

There is no exception to the $5k limit for MFS.

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Just-Lisa-Now-
Level 15
Level 15

Im in a community property state, if the lived together I always split it all...Im not sure on the rules for non community property states.


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itonewbie
Level 15

But even in a community property state, a real property can still be a separate property under certain circumstances.  Until it is verified by a taxpayer, it may be risky to assume every asset is a community property, IMHO.

I agree with Susan that R/E taxes can only be deducted by the person(s) eligible pursuant to Treas. Reg. 1.164-3(b) and by case law (notwithstanding those related to equity interest, which is not relevant here).

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Still an AllStar