从老婆的Home loan账户拿钱可以deduct丈夫这边的税吗？

superblue

我们的家的home loan是老婆的名下的，如果我从里面拿钱以我的名字去买投资房，那么这个产生的利息是否可以deduct我这边的税吗？

虽然loan是老婆名义的，但是每个月的repayment主要是我付的。

多谢了，这个问题太复杂，怎么也找不到答案

jeff_lawsons

The primary test of deductibility of interest is determined by examining the purpose of the loan and the use to which the loan is put. You will borrow money from your spouse through her home loan account for the purpose of buying an investment property which will be rented out.  The interest expense you incur will meet the tests of deductibility. That is, it will be incurred for the purposes of deriving assessable income and will not be for reasons of a private, domestic or capital nature. However, the rate of interest that you will incur on this loan from your spouse shall be set using commercial interest rates as guidance. This is because interest may not be deductible either in full or part where non-commercial terms apply (for example, interest rate payable on a loan is greatly above or below the market rate).

superblue

多谢拉，请问最后一句：

“the rate of interest that you will incur on this loan from your spouse shall be set using commercial interest rates as guidance. This is because interest may not be deductible either in full or part where non-commercial terms apply (for example, interest rate payable on a loan is greatly above or below the market rate).”

我借钱这个rate就是home loan的rate啊，应该qualify这个吧 ？ Commerical interest rate就是指home loan rate对不对？

谢谢

jeff_lawsons

superblue 发表于 2014-12-12 15:28
多谢拉，请问最后一句：

“the rate of interest that you will incur on this loan from your spouse sha ...

If you use the home loan interest rate, it shall be the commercial rate.