Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 12 months ago on . Most recent reply presented by

User Stats

7
Posts
2
Votes
Mike Sivert
  • Real Estate Investor
  • Ontario, CA
2
Votes |
7
Posts

Subject to - tax write off?

Mike Sivert
  • Real Estate Investor
  • Ontario, CA
Posted

I'm thinking of doing a subject to deal. If I continue to pay the mortgage in the the seller's name (with out refinancing) would they claim the mortgage interest tax deduction or do I get to claim that since I am paying the mortgage and hold the deed to the property. 

Most Popular Reply

User Stats

80
Posts
74
Votes
Nathaniel Busch
  • Certified Public Accountant
  • Columbus, OH
74
Votes |
80
Posts
Nathaniel Busch
  • Certified Public Accountant
  • Columbus, OH
Replied

@Mike Sivert You are entitled to take the deduction for mortgage interest, property taxes, insurance and anything paid out of escrow, assuming your sub2 deal is written appropriately. An appropriate sub2 deal is one that properly conveys the burdens and benefits of ownership to you (there are 7 tests of this per precedent and case law).

Assuming you meet those tests (which you likely do if you used an attorney), you are entitled to the deductions. Reporting the mortgage interest on the return should be done with care, as the IRS does not have a copy of Form 1098 under your SSN (or EIN if business) reporting the interest. There is a special way to report it to get the deduction while not triggering a computerized notice from the IRS disallowing the deduction. Be sure to consult a real estate CPA that is familiar with the process and knows how to properly deal with sub2's / land trust type deals like yours.

Your seller should also be of the understanding that they are NOT taking the deduction. It is good practice to obtain from them the actual 1098 and to remind them that they are no longer entitled to the deduction since they aren't making the payments anymore (again, these things are usually spelled out in the sub2 agreement).

Happy to help if you have any other questions about the process. I deal extensively with creative financing such as sub2's, land contracts, contract-for-deeds, assumptions, land trusts, etc.

NB

Loading replies...