Tax Treatment of Real Estate Liens

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

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RealEstateInvestor
Posts: 2
Joined: Sat Jan 02, 2010 3:39 pm

Tax Treatment of Real Estate Liens

Post by RealEstateInvestor »

I financed a lien in the U.S. that is backed by a real estate property. I will receive income from the lien depending on how long it takes to get the funds back.

There is a risk that I can lose my money if the lendee doesn't pay back the money he owes and title to the land is proven not to be valid.

I have 2 questions:

1) How does the IRS treat such income...as capital gains? (i.e. there is a risk of loss).

2) For the tax amounts that I have to pay in the US, will those payments be credited to me on my Canadian tax return? Even if I am operating this as a sole proprietership (i.e. under my business name)?

Thanks to all who can help!
RealEstateInvestor
Posts: 2
Joined: Sat Jan 02, 2010 3:39 pm

Tax Treatment of Real Estate Liens

Post by RealEstateInvestor »

By the way, I am a Canadian citizen, Canada resident, visit the states about 2 weeks per year.
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