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Tax rebate claim

Sambo moved in 2 years after I bought it

LordBonkerZ
post 2.Jul.2016, 12:07 PM
Post #1
Joined: 2.Jul.2016

Hi all,

What rights does my sambo have to half of my tax rebate due to my loans be paid half by me and half by her. As most of the loan TAX is paid back every year.

I bought this place (bostadsr?tt) two years before she moved in. She has now been living with me for two years now and has been contributing towards my loan and rent fees for that period of time.


Cheers!
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yet another brit
post 2.Jul.2016, 01:49 PM
Post #2
Joined: 5.Jan.2013

If she isn't on the loan, then my understanding is that she wouldn't have a right to the deduction - you have to be "betalningsansvarig" - even if she has in fact paid. Of such things are loving relationships built, eh...

But since the rebate is flat rate (not marginal rate) then moving it around likely will not make an overall difference - unless one of you is not earning enough for there to be tax to deduct it from. So just working out how much you owe her informally will likely reach the same result.

If she *is* on the loan papers, ie is responsible for payment, then the bank will automatically report how much has been paid against the loan (irrespective of who actually paid it) and she gets a tax rebate. If you both agree that in fact the rebate should be going to one person then you both (separately) state this on your income tax declaration and it gets transferred.
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LLHope
post 2.Jul.2016, 04:11 PM
Post #3
Location: Stockholm
Joined: 1.Jan.2014

QUOTE (yet another brit @ 2.Jul.2016, 12:49 PM) *
If she isn't on the loan, then my understanding is that she wouldn't have a right to the deduction - you have to be "betalningsansvarig" - even if she has in fact paid.
That is indeed the norm...however, there is a possible exception wink.gif

If the sambo either fills in the declaration manually adjusting the figures, or appeals the tax decision they have received that does not include 50% of the 30% of the interest received back, then it is possible to get the tax office to rule in favour. The reasoning is that since they are "sambo" it is assumed in tax law they have a joint economy and that, of-course, half of the living costs are shared between both partners, unless proven otherwise. The tax office will then, if asked, split the interest between both parties. The burden of proof then falls onto the other partner to prove that they did indeed pay ALL of the interest and should then get 100% of the 30% return.
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LordBonkerZ
post 4.Jul.2016, 02:07 PM
Post #4
Joined: 2.Jul.2016

Thanks guys.. fast and very good replies!


But in all accounts, is she legally entitled to half of the of the rebate no matter my willingness to give or not. Therefore, she has a legal right to force me to give her half back? even in retro?


I am the owner of the loans, yes. All I ask for, is half of what it costs me, to pay the rent/loan.. Each month.


I looked at my rebate, I can't see much of a breakdown of what I'm getting back. It seems I get more back on my pensions with Nordea Hypotek Aktiebolag being the highest paid amount in Tax. As for the loans, it seems very very small in comparison.


Cheers, smile.gif
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littleviking
post 4.Jul.2016, 03:58 PM
Post #5
Joined: 26.Feb.2014

taxes in sweden are on an individual rate, your tax and your sambos tax are 2 differet things. if you buy a house with the intent to use it together no matter who pays its usually considered common property.
if you pay the loan or if she does it doesnt matter so much, its matter if you get any tax back on the house to who ever names on the property or who declared it.

it sounds very dubious what you say like you would not want to share the return of tax payed on the property in case you would get back something, and both of you payed tax on the house.
this doesnt sound like a relationship but more like she is a tenant to you.
even if you did not buy it for a relationship it still sounds dubious.
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yet another brit
post 4.Jul.2016, 04:53 PM
Post #6
Joined: 5.Jan.2013

The bank should have sent you a "kontrolluppgift" at the beginning of the year showing how much interest was paid against your proportion of the loan (irrespective of who actually paid it), and that figure is what would normally have been automatically transferred to your tax declaration, and 30% of that is the deduction. If you have a BankID, log into Skatterverket, and you'll see the total (not the 30%) in section 8.1 (look under the "kontrollera" tab after logging into "inkomstdeklaration 1").

As per above - your sambo could be said to be morally entitled to her share, and legally entitled for sure if she is on the loan papers.

As per LLHopes answer, and if I have understood his - as usual - excellent response, then if your sambo claims a rebate on the basis of a joint cost (real) sambo relationship even if she isn't on the loan papers, then the burden would be on you to prove otherwise. He is the lawyer though, not me.

And she can ask for previous years tax to be reassessed (back six years, I think) whilst she is at it :-)

But once again - it is flat rate, so you can work it out amicably and informally (isn't that what relationships are about..?).

By flat rate, I mean it is a flat rate deduction from tax owed. It isn't a deduction of taxable income, so there is no marginal effect. The tax rebate isn't worth more to one of you than the other, unless one of you is paying less tax than the value of the rebate.
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LordBonkerZ
post 6.Jul.2016, 12:36 PM
Post #7
Joined: 2.Jul.2016

QUOTE (littleviking @ 4.Jul.2016, 04:58 PM) *
taxes in sweden are on an individual rate, your tax and your sambos tax are 2 differet things. if you buy a house with the intent to use it together no matter who pays its usu ... (show full quote)



Thanks, I can see you would think exactly that and I don't blame you. It's turned into something I would of never thought I would of ever been involved in. But now its come down to a lot of tit for tat ridiculousness. It's a long story! Thanks!
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LordBonkerZ
post 6.Jul.2016, 12:41 PM
Post #8
Joined: 2.Jul.2016

QUOTE (yet another brit @ 4.Jul.2016, 05:53 PM) *
The bank should have sent you a "kontrolluppgift" at the beginning of the year showing how much interest was paid against your proportion of the loan (irrespective o ... (show full quote)


Thanks.

Doesn't look like much!! 33, 33 what? kr biggrin.gif

[attachment=5598:Screensh...13_37_18.png]

Looks like the picture didn't work, but, this is how it looks:

Nordea Bank AB------------------------------------------Belopp
R?nteutgift
Uppgift-------------------------------------------------------33


my Nordea Hypotek Aktiebolag is very much more though. (pension funds)

Cheers!
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yet another brit
post 6.Jul.2016, 03:12 PM
Post #9
Joined: 5.Jan.2013

Umm...I think you'll find that the Hypotek is your mortgage. Hypotek is the old/traditional/proper/Greek name for mortgages so Nordea Hypotek is Nordeas mortgage business, not their pension business.

It's unlikely to be your pension anyway. Only a derisory sum of private pension contributions are now tax deductible. Your state pension plan won't be on anything from the bank or tax office (but is in the Orange Envelope you get every year). Occupational pension contributions might show up in things from your bank, I suppose (depending on the scheme) but not in your tax return as you aren't being taxed on the contributions (your employer is).

And I would guess you paid more than 33 crowns on your apartment last year!!!!
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LordBonkerZ
post 8.Jul.2016, 05:20 PM
Post #10
Joined: 2.Jul.2016

Quite right you are sir! So, that sum - 70% / 2 = should be the sum owed! smile.gif


you sure know your accounting business smile.gif


Cheers again!
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