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My domestic partener is going out of state to school for an

Customer Question
extended time. Can I...
My domestic partener is going out of state to school for an extended time. Can I pay his mortgage for him without him claming it as income/rent?
Submitted: 6 years ago.Category: Tax
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6/2/2011
Tax Professional: Jax Tax, Tax Attorney replied 6 years ago
Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1,408
Experience: JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Jax Tax : Yes you can. I will tell you why.
Jax Tax : The payment will be done out of disintrested generosity which makes it a gift and non taxable.
Jax Tax : If the amount goes of $13k per year, you will have to report the excess on your return to offset your lifetime gift exclusion, but there will be no tax.
Jax Tax : Goes over
Customer:

So if I am living in the home and paying the mortgage (that he will not be able to afford) he will not be flagged for audit or penalized?

Customer:

The amount is slightly over 13k

Jax Tax : If the two of you consider it a gift it is. Do you live there now?
Customer:

I think the issue may arrize when his tax return is filed and he shows a low income but is claiming credit for his mortgage tax etc

Customer:

no I would be moving in next month.

Jax Tax : If he has low income he doesn't need to itemize. Even so, a gift is a gift. Even if he claims it as a rental, expenses and depreciation would offset the income.
Customer:

Ok. I Just didn't want him to have to claim it as rent income and pay additional taxs. I'm assuming then he would not. If his income is below 16k then your saying he wouldn't itemize and therfore it wouldn't be an issue

Jax Tax
Jax Tax, Tax Attorney
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