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GPIA7R

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cabsy

From my hazy recollection when I had to file Indiana taxes, you can claim the amount of rent you pay whether you're HoH or not. So for instance my boyfriend and I could each only claim half of the yearly rent paid. I'm not a tax professional though. If nothing else look up the paperwork for claiming your rent, which you should be doing anyway as it's a free deduction every year, and it should say if you have to be the person writing the checks to the landlord or not.

WildEEP

The short answer: Yes, you can both claim that you pay rent in the exact amount that you paid.

If it gets audited, she'll have to demonstrate that she lives there - probably via a letter from you and a years worth of cashed check copies.

Don't People get dinged because they both try to claim the entire amount represented on the lease - when in fact, its only 1/2.
As long as you're both honest about the situation, the IRS won't really care.

EggyToast

WildEEP's point is right -- the IRS doesn't care whether you're all on the lease, because they don't get a copy of the contract. If they audit you, they'll want to see the lease, the total paid, and match it against the deduction. So don't try to claim all of it for yourself and let her also pay half, in some weird "well I was sort of her landlord so she paid me $400/mo, and then I paid $800 to my landlord" scheme.

Djeet

http://www.in.gov/dor/3799.htm#renter

There doesn't seem to be any requirement to be HoH, though deduction's capped at $3K, and you'll want to make sure the apartment complex is not exempt from paying property tax.

GPIA7R

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Djeet

I'm not a tax professional, but the smartest thing to do would be to take total rent paid this year (assuming you've been cohabiting this whole time), divide by 2, and each of you claim that. Not sure why it'd be easier for you to claim the entirety and give her the difference, and that exposes you to more risk, and you're more likely to hit the cap.

Dr. Frenchenstein

I don't think i've ever put rent on a tax form ever. I also didn't itemize until i bought a house. What's the benefit?

tinwhiskers

Some states let you deduct it like you deduct mortgage interest.

Dr. Frenchenstein

MARYLAND SUCKS