Interest on US mortgage loan paid to Canadian

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jam4413
Posts: 1
Joined: Sat Mar 22, 2014 5:24 pm
Location: Toronto

Interest on US mortgage loan paid to Canadian

Post by jam4413 »

Situation: I am a Canadian resident and have made a loan (secured by a mortgage) to my nephew in Massachusetts. He makes monthly P+I payments to me.

Questions: Are the interest payments subject to withholding tax, or are they exempt pursuant to the Canada-US tax treaty? If exempt, do I still need to file a US 1040NR? I assume that if my nephew wants to claim the mortgage interest deduction, I will have to provide him the Form 1098, and also file the lender's version with the IRS. If that's the case will I then need to file a 1040?

And finally, am I going to have to file a Mass return in any event?

Thanks, and any full or partial answers greatly appreciated.
jam4413
Toronto
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