Is the family loan tax deductible?

Is the family loan tax deductible?

Real Estate Agent · Aliso Viejo, CA · Member since 2015 · 17 posts · 4 votes

Hi experts! 

We borrowed some money from family and are paying them interest. Is the interest we pay regularly tax deductible? How do you structure the loan so everything is legit and meets IRS standards? 

Since it's cheaper for us to borrow from family and will also benefit my family to make some interest money, we're likely to borrow even more in the future. If anyone has been doing this and knows how, I'd love to hear your thoughts if you don't mind. 

Thank you very much for your time and expertise. :) 

Becky

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  • San Jose, CA · Member since 2015 · 46 posts · 7 votes
    11y

    Yes, the interest is tax deductible.  I would talk to a CPA or Lawyer about how to setup the loan so it's legit. 

    Remember, if you're deducting mortgage interest on your tax return return, your family who is receiving the money must report the interest as income on their return.

  • Real Estate Agent · Aliso Viejo, CA · Member since 2015 · 17 posts · 4 votes
    11y

    @Nicole B. 

    Thanks. My family is outside the country (not from here). So I assume they just need to declare that profit in their country? 

  • San Jose, CA · Member since 2015 · 46 posts · 7 votes
    11y

    @Becky Lu if they are out of the country it gets more complex.  I would consult a CPA to be safe.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    11y

    Deductible Only of it's a mortgage against the house, and if not used to improve the house, only up to a $100k loan, still having to be a mortgage against the house.  A straight up personal loan, is not deductible.

  • Accountant, Enrolled Agent · Grayslake, IL · Member since 2011 · 5k+ posts · 2k+ votes
    11y

    They will possibly have to report US source income on a 1040-NR.

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