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-   -   Mortgage Interest Deduction on Payment to Foreign Lender (https://www.askmehelpdesk.com/showthread.php?t=196795)

  • Mar 20, 2008, 03:13 PM
    rl_taxquery
    Mortgage Interest Deduction on Payment to Foreign Lender
    Hello Experts,

    I have a query, I have gone through previous posts but somehow felt I have not got all the answers I wanted.

    Need your help here:

    1) I have a mortgage in India from an Indian Bank who doesn't have a branch in the US

    2) I work in the US and remit the monthly payments electronically in USD buy the lender receives the payment in local currency.

    4) Is it possible to claim interest payment deduction on my itemized filing.

    5) If possible what other forms do I need to file apart from the 1040.

    6) What other supporting documents do I need to maintain when claiming this deduction ( I have bank statements where the payments go to the lending bank, I have payment breakup of how much principal and how much interest was paid, but in local currency.)

    Thanks,
    RL
  • Mar 20, 2008, 06:13 PM
    IntlTax
    See the post at https://www.askmehelpdesk.com/taxes/...tml#post871125
  • Apr 13, 2008, 05:24 PM
    rl_taxquery
    Hi IntlTax,

    As per the link given, I can claim the interest paid, but I have to withhold tax on it 30% to x% (based on treaty).

    But I have been researching and what I have known is the withholding is to be done only if the foreign entity is a foreign tax payer to the FED from IRS perspective.

    If the foreign entity is not a foreign tax payer to the FED then I need not withhold anything from the interest paid.

    Please advise if this is right.

    Thanks,
    RL.
  • Apr 14, 2008, 05:02 AM
    IntlTax
    No. Unfortunately, your research is wrong. There is no requirement that the foreign tax payer have any connection to the U.S. other than having made a loan to a U.S. person.

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