Deducting property tax payments if I'm on the grant deed

[jeromedawg]

Hi all,

I was wondering, if my name is on the grant deed for our condo (joint ownership with my parents) but *not* on the property tax bill as current owner (only my dad's name is, or his trust name), am I allowed to deduct property tax payments I made last year? Or can only my dad deduct since his name is the only name on the property tax bill?

I've read that this is the case, but was confused as to why this would matter as it seems whatever is on the deed would be definitive.


NOTE: this is outside the context of mortgage payments. The house was fully-paid off at the time of purchase.

[jwright]

If your father did not pay the taxes, he cannot deduct them.  The only person with a chance of taking the deduction is you.  I would assume that the deed would be enough evidence that you owned the property.  Also, even if you don't own the property if you have an equitable and beneficial ownership of the property.  There are many court cases related to equitable and beneficial ownership, but it seems to state that if you are taking on the burdens and benefits of ownership and make the payments, you can get the deduction.

I would take the deduction with just the evidence of my name on the deed, but factor in the other circumstances, and I think there is no question.