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Can I lend myself the money for my mortgage.

 

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Subject Author Date
Can I lend myself the money for my mortgage. steviekm3 10-25-2008
Posted by steviekm3 on October 25, 2008, 1:42 pm
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I have a mortgage and also have enough cash to pay off about half of
the mortgage.

What I want to do is do something where I create a mortgage company
and put my cash into it. Then the company pays the bank off half the
mortgage and gets interest payments from me.

Then I can still deduct the interest of the mortgage payments from my
income tax.

But the question is how would the company I own calculate profit. I
don't want it to show a profit or tax has to be paid by that profit.

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Posted by DF2 on October 25, 2008, 5:20 pm
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In misc.taxes.moderated, steviekm3 wrote:

>I have a mortgage and also have enough cash to pay off about half of
>the mortgage.
>
>What I want to do is do something where I create a mortgage company
>and put my cash into it. Then the company pays the bank off half the
>mortgage and gets interest payments from me.
>
>Then I can still deduct the interest of the mortgage payments from my
>income tax.
>
>But the question is how would the company I own calculate profit. I
>don't want it to show a profit or tax has to be paid by that profit.

Don't do it. Even if it were somehow legal, then the company would
have to declare those interest payments as taxable income. And if it
saves you money, be confident it is not legal. I am not a pro, but I
feel confident that the pros will agree.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
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Posted by Mark Bole on October 25, 2008, 7:41 pm
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steviekm3 wrote:
> I have a mortgage and also have enough cash to pay off about half of
> the mortgage.
>
> What I want to do is do something where I create a mortgage company
> and put my cash into it. Then the company pays the bank off half the
> mortgage and gets interest payments from me.

The company didn't loan you any money, so why would you be making
interest payments?

> But the question is how would the company I own calculate profit. I
> don't want it to show a profit or tax has to be paid by that profit.

You begin to see why the whole concept is deeply flawed and in any case
will not accomplish anything meaningful, or even be recognized as a
legitimate economic endeavor. If you tried to evade taxes via such a
scheme, you would almost certainly end up facing penalties.

Other non-tax related factors to consider: if typical, your mortgage
payments will not decrease simply because you pay off extra principal,
they'll simply end sooner than otherwise. Also, converting a liquid
asset (cash) into an illiquid one (equity in your residence) may not be
a wise move when taking your overall financial situation into account.

-Mark Bole

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Dick Adams on October 26, 2008, 3:50 am
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> I have a mortgage and also have enough cash to pay off
> about half of the mortgage.
>
> What I want to do is do something where I create a
> mortgage company and put my cash into it. Then the
> company pays the bank off half the mortgage and gets
> interest payments from me.
>
> Then I can still deduct the interest of the mortgage
> payments from my income tax.

Not really. On audit, the IRS could disallow the
deduction of interest payments as self-dealing which
means penalties and interest. Plus let could still
tax your mortgage company on the payments received.

> But the question is how would the company I own
> calculate profit. I don't want it to show a profit
> or tax has to be paid by that profit.

There are many ways to do that, but it's just more
penalties and interest. And never forget that there's
no statute of limitations on tax fraud.

Dick

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on October 26, 2008, 10:34 am
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> I have a mortgage and also have enough cash to pay off about half of
> the mortgage.
>
> What I want to do is do something where I create a mortgage company
> and put my cash into it. Then the company pays the bank off half the
> mortgage and gets interest payments from me.
>
> Then I can still deduct the interest of the mortgage payments from my
> income tax.
>
> But the question is how would the company I own calculate profit. I
> don't want it to show a profit or tax has to be paid by that profit.

About the only thing you haven't mentioned is moving the company offshore to
a tax haven, perhaps the Cayman Islands. Then what I can say is you have
all the ingredients for free room and board for a few years courtesy of Club
Fed.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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