Home mortgage interest deduction

Canadian federal income tax does not allow a deduction from taxable income for interest on loans secured by the taxpayer's personal residence, but homes used in businesses as a landlord who owns a rental residential property can deduct interest as any other reasonable business expense. The difference being the deduction is allowed only when the property is not used for the taxpayer's personal use but is used as in any other type of business.[2] However, there may be additional exclusions for passive activity losses.

An indirect method, known as the Smith Manoeuvre, for making interest on mortgage for personal residence tax deductible in Canada is through an asset swap, whereby the homebuyer sells his existing investments, purchases a house in full or in part by the sale, gets a mortgage on the house, and finally, buys back his investments with the money from the mortgage.[3] The Supreme Court of Canada has ruled in 2001 in the Singleton v. Canada case[4] that transactions in the asset swap are to be regarded as distinct, thus rendering the interest on home mortgage acquired as part of the asset swap tax deductible.

The home ownership rate in Canada was about the same as in the United States in 2008[5] despite the difference in tax policy.

In Denmark part of the interest is deductible. In 1987 it was 73%. In 1993 it was 50% and in 1998 it was 46%. From 1998 to 2001 it was reduced to 32%. It is the plan that in 2019 it will be 25.5%.

France does not allow a home mortgage interest deduction. In 2007, newly elected President Nicolas Sarkozy proposed creating the deduction as part of his legislative plan for sparking the French economy.[6] In August 2007, the Constitutional Council, the highest court in France, struck down the mortgage interest deduction as unconstitutionally creating a tax advantage that goes far beyond its stated goal of encouraging non-homeowners to buy homes. The Court noted that the deduction would apply to people who already own homes.[7]

Home loan interest portion is deductible (under section 24(b)) up to 150 000 rupees in a tax year for acquiring or constructing a property. The deduction is available only when the construction is complete or you have possession of the property. Interest of pre-construction period is deductible in five equal installments. The first installment is deductible in the year in which construction of property is completed or property acquired. The principal is deductible under section 80C, which has a limit of 150 000 rupees.[8][9]

In the Netherlands, a part of the interest payments can be deducted for a maximum period of 30 years. The deduction percentage is based on a person's income.[10] However, before deduction the taxable income is increased by a percentage of the property value (so-called "notional rental value"[11]) with the reasoning that the property has a potential income-generating purpose.

Still in place currently, the mortgage interest tax deduction is subject to fierce debate, and a political issue during most recent elections.[12] Although largely an emotional point of discussion with the Dutch electorate, and described by many as "political suicide", most Dutch people believe that the mortgage interest tax deduction will eventually be reformed.[13] Many reasons for abolishment have been identified, often fuelled by a political ideology (e.g. creating house price inflation, limiting government earnings in times of economic downturn, mortgage interest tax deduction is increasing already high tax levels in the Netherlands, benefiting high income individuals more disproportionally).[14][15][16][17]

As it stands now, Dutch politicians and other organisations research possible strategies to end interest payments tax deduction and are fuelling public debate to prepare the Dutch public for eventual abolishment.[18] Only 18% of the Dutch public support eliminating the mortgage interest deduction entirely.[18]

Norway considers any interest paid, whether it is for a home mortgage or other debt, as a deductible expense.[19] The result is a reduction of the tax bill of 25% of all interest paid.[20] The fact that the government in effect subsidises 25% of the interest bill has made home ownership highly beneficial in Norway, and critics argue that the deduction has increased the cost of real estate. The Center Party has proposed reducing the deduction.[21]

A tax credit of 30% of interest up until 100,000 SEK, and 21% over that amount.[22] The amount was about 10,000 SEK per taxpaying person with debts.[23]

The United Kingdom introduced a scheme called MIRAS in 1983 to allow mortgage interest to be tax deductible. It was abolished in 2000.

Prior to the Tax Reform Act of 1986 (TRA86), the interest on all personal loans (including credit card debt) was deductible. TRA86 eliminated that broad deduction, but left the narrower home mortgage interest deduction.[24][25] While some Americans may believe that Congress created the home mortgage interest deduction as a way to encourage home ownership,[26][27] historians point out that this was never the case, as explained in a New York Times article that notes that, in 1913, when interest deductions started, Congress "certainly wasn't thinking of the interest deduction as a stepping-stone to middle-class home ownership, because the tax excluded the first $3,000 (or for married couples, $4,000) of income; less than 1 percent of the population earned more than that;" moreover, during that era, most people who purchased homes paid upfront rather than taking out a mortgage. Rather, the reason for the deduction was that in a nation of small proprietors, it was more difficult to separate business and personal expenses, and so it was simpler to just allow deduction of all interest.[24][25]

Under 26 U.S.C. § 163(h) of the Internal Revenue Code, the United States allows a home mortgage interest deduction, with several limitations. First, the taxpayer must elect to itemize deductions, and the total itemized deductions must exceed the standard deduction (otherwise, itemization would not reduce tax). Second, the deduction is limited to interest on debts secured by a principal residence or a second home. Third, interest is deductible on only the first $1 million of debt used for acquiring, constructing, or substantially improving the residence, ($500,000 if filing separately) or the first $100,000 of home equity debt regardless of the purpose or use of the loan. The cost to the federal government of the mortgage interest deductions in 2018 was approximately $25 billion, down from $60 billion for 2017 as a result of the Tax Cuts and Jobs Act of 2017.[28]

In the United States, there are additional tax incentives for home ownership. For example, taxpayers are allowed an exclusion of up to $250,000 ($500,000 for a married couple filing jointly) of capital gains on the sale of real property if the owner used it as primary residence for two of the five years before the date of sale. Economists have demonstrated that high-cost high-income areas receive most of the tax benefit. For example, San Francisco, California receives $26,385 per home while El Paso, Texas receives $2,153 per home, a 1,225% difference.[29] The five highest income metros receive 87% of tax inflows, with over half going into California alone.[30]