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Student loan interest and Income tax

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Topic: Student loan interest and Income tax
Posted By: tkarmy
Subject: Student loan interest and Income tax
Date Posted: 28/January/2013 at 9:18am
Hi everyone,
 
question for you. Student loans from 2000-2002 plus whatever the feds guaranteed on the Royal Bank Student Loans 96-2000.
 
So they took my income taxes 2004-present. And I've been paying CRA 550 a month for almost two years now and getting close to paying of the debt.
 
I've never claimed interest on my income tax ever and just asked for my interest amounts paid which are quite sizable still waiting on some but for 2010-11 something like 6,000 and probably 1500 or so for 2012
 
I was reading the info about student interest and income tax deductions as follows
 

"Line 319 - Interest paid on your student loans

You may be eligible to claim an amount for the interest paid on your loan in 2012 or the preceding five years for post-secondary education if you received it under:

  • the Canada Student Loans Act;
  • the Canada Student Financial Assistance Act; or
  • a similar provincial or territorial government laws.

Only you can claim an amount for the interest you, or a person related to you, paid on your student loans. You can claim an amount only for interest you have not previously claimed. If you have no tax payable for the year the interest is paid, it is to your advantage not to claim it on your tax return. You can carry the interest forward and apply it on your return for any of the next five years.

You cannot claim interest paid on any other kind of loan, such as:

  • a personal loan or a line of credit;
  • a student loan that has been combined with another kind of loan; or
  • a student loan received from another country.

In addition, you cannot claim interest you paid because of a judgment obtained after you failed to repay a student loan."

So couple questions
 
1) what constitutes a judgement? I failed to make payments for years but no formal judgement other than a threat to garnish my wages was made... and then I started paying.
2) It says you can only claim interest on the interest paid in the last five years... so the way I read it I can't claim any interest paid prior to 2008 on my taxes this year 2012... correct but anything from 2008-12 I can claim as it was never claimed... correct?
 
Any insight would be much appreciated.
 
Thanks



Replies:
Posted By: SolveStudentDebt
Date Posted: 28/January/2013 at 10:10am
1) You cannot claim any interest paid when the student loan account has been litigated and a judgment is anchored in against you. You'd know it if that were in place.  
2) That is correct. You have 5 years to claim interest credits. That is my understanding based on what my forensic accountant associate advised (unless I misinterpreted something).
 
 


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Posted By: tkarmy
Date Posted: 28/January/2013 at 11:18am

John - This Ash Jones - you helped me when CRA was threatening to garnish my wages and then we made a payment plan... so that would not be considered a judgement just because CRA takes my income taxes... correct? A judgement would the result of a legal proceeding (judges n lawyers) and not just a lien on my taxes?




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