Took out an equity line of credit, loaned the $ to brother for down-pay on a home. Who gets to claim interest?

Question by melissa m: Took out an equity line of credit, loaned the $ to brother for down-pay on a home. Who gets to claim interest?
Brother initially borrowed , 000 and then paid us paid the ,000 plus interest of ,000 that accrued on the loan to repay our equity loan of 0,000 during 2006. We received a 1098 Form for interest paid credit/deduction. Do we get to claim the ,000 interest or does he?

Best answer:

Answer by She She
If it is in your name…You do….

I have some “owner carry” properties I am carrying the notes on for people…They way my accountant does that is I claim the interest I paid…I also claim the interest they paid to me…(it washes out)…Then my tax guy gives them a statement so they can claim the interest they paid….i am not sure you should check with an accountant if you want to get that involved..ss

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Manufacturing demand: will home sales fall off a cliff once the homebuyer tax credit expires? Experts vary on the precise impact of the credit, and what … An article from: Mortgage Banking

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Title: Manufacturing demand: will home sales fall off a cliff once the homebuyer tax credit expires? Experts vary on the precise impact of the credit, and what will happen when it ends. But most agree the credit created a big wave of sales pulled forward in time to when the housing market really needed a boost.(Policy)
Author: Robert Stowe
Publication: Mortgage Banking (Magazine/Journal)
Date: March 1, 2010
Publisher: Mortgage Bankers Association of America
Volume: 70 Issue: 6 Page: 34(8)

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5 Comments.

  1. You get the deduction for the interest paid on your HELOC. The HELOC was secured in your residence.

  2. You claim the deduction but also need to report the 8,000 he paid you as interest income. This will wash out so no change to your taxable income.

  3. You do. If you feel guilty about this, you can offer him a personal rebate. (but not through tax filings).

    Say you are in the 25% tax bracket, the interest deduction will be worth $2K to you. Maybe you could split it, give him $1K as a rebate and keep the other $1K for your efforts.

    Seems fair to me.

  4. dancing11freak

    You can claim the interest paid on the loan that you took out and received a 1098 for. You must also provide your brother with a 1098 statement for the mortgage interest that he paid to you so he can claim that as well. You will also have to claim this interest income that you received from your brother. If you did not make any money on the transaction it will be a wash but still reportable.

  5. You claim the deduction because the loan was against your home and the debit was in your name, the $8000 interest your brother paid was to the mortgage company not you so this is not interest income to you. You took a great risk, it’s a good thing your brother is trustworthy.

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