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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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quick question..My brother and I were both on the deed of our

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quick question..My brother and I were both on the deed of our house after our Mom dies. My brother refinanced BUT I paid the mortgage since I was living in it as my primary residence. My tax guy had me claim the interest since I was the one that paid it. Now my brother is being asked to file a Californina Tax Return for 2007 because it shows his name on the Mortgage Year End Statement and no filing. My brother has lived out of state for over 13 years. Help...Stephanie

Hello Stephanie,


CA is one of the toughest states on income tax, and they will send letters to taxpayers if there is any remote chance they think that person owes taxes to the state of CA.


Even though the mortgage interest statement may have been in your brother's name, all that indicates is that he was the owner or partial owner of a property. The state of CA could only actually tax your brother if he was living in the state of CA or is he was renting out that home and had rental income from the state of CA.


Your brother needs to respond to the state of CA explaining the situation. He should provide documentation of the state where he actually resides. This could include a copy of his drivers license, voters registration card and a copy of his W-2 that shows state income tax paid to another state. He should also include a statement of explanation stating that he is part owner of a home in CA, but that this is a personal property occupied by his sister and is not an income property.


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Thank you JA Customer



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