Peer to Peer Medical Loans

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A below-market loan is a loan on which no interest is charged or on which interest is charged at a rate below the applicable federal rate AFR. You can send us comments from IRS. If your deductions for an investment or business activity are more than the income it brings in, you have a loss. To qualify to claim expenses for the business use of your home, you must meet both of the following tests. A loan mortgage or other debt generally has OID when its proceeds are less than its principal amount. There has been criticism that the HECS-HELP scheme creates an incentive for people to leave the country after graduation, because those who do not file an Australian tax return do not make any repayments.

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Medical expenses are growing, and insurance coverage (private or otherwise) isn’t quite keeping pace. While there are a range of health savings account options available, it can be difficult to save an amount equal to a personal or family deductible—let alone saving extra for a medical emergency. A personal loan or medical loan can help you pay off medical expenses not covered by insurance, and may also prevent additional problems when medical bills are sent to collection agencies for non-payment. “We have found these high health care expenses are highly correlated with a farm family’s ability to repay farm loans,” Cowley says. “Higher health insurance expenses as a share of total family living expenses are really taking a toll on America’s farm families.” One contributing factor to the increased concern for health care costs is the rising age of today’s farmers.

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Some lenders charge one-time origination fees to cover the cost of processing the loan. The repayment period length affects your monthly payments. A longer repayment term results in lower monthly payments, but higher total interest paid over the life of the loan. Aim for a loan term with payments that fit within your budget. How to create a budget. If you need fast funding to cover medical expenses, consider a lender with a quick application to funding process.

Some online lenders can provide funding within a day or two, while others can provide funding within a week. There may be better ways to finance a medical procedure or pay medical debt than through a personal loan. Some health care providers require a deposit followed by monthly payments; others may accept just monthly payments until the debt is repaid in full, says Glosser, who used a payment plan for her own dental surgery.

Ask your medical provider about any fees or charges associated with the payment plan, so you know the full cost of this option. These are specialty credit cards available through many medical providers. For longer terms, the APR depends on the purchase amount and term length.

The card, issued through Synchrony bank, is accepted at over , health care providers. Mixing medical debt with other purchases makes it harder to keep records for tax deductions or a health savings account, Glosser says.

Some medical providers may also offer hardship plans for low-income borrowers. All of the requirements discussed earlier under Business use of your home still apply. For more information on the deduction for business use of your home, including the optional safe harbor method, see Pub.

If you were entitled to deduct depreciation on the part of your home used for business, you cannot exclude the part of the gain from the sale of your home that equals any depreciation you deducted or could have deducted for periods after May 6, If you use your car exclusively in your business, you can deduct car expenses.

If you use your car for both business and personal purposes, you must divide your expenses based on actual mileage. Generally, commuting expenses between your home and your business location, within the area of your tax home, are not deductible.

You can deduct actual car expenses, which include depreciation or lease payments , gas and oil, tires, repairs, tune-ups, insurance, and registration fees. Or, instead of figuring the business part of these actual expenses, you may be able to use the standard mileage rate to figure your deduction. For , the standard mileage rate is Beginning in , the standard mileage rate increases to If you are self-employed, you can also deduct the business part of interest on your car loan, state and local personal property tax on the car, parking fees, and tolls, whether or not you claim the standard mileage rate.

For more information on car expenses and the rules for using the standard mileage rate, see Pub. Generally, you can deduct the full amount of a business expense if it meets the criteria of ordinary and necessary and it is not a capital expense. If you recover part of an expense in the same tax year in which you would have claimed a deduction, reduce your current year expense by the amount of the recovery.

If you have a recovery in a later year, include the recovered amount in income in that year. However, if part of the deduction for the expense did not reduce your tax, you do not have to include that part of the recovered amount in income.

For more information on recoveries and the tax benefit rule, see Pub. If you provide services to pay a business expense, the amount you can deduct is limited to your out-of-pocket costs.

You cannot deduct the cost of your own labor. Similarly, if you pay a business expense in goods or other property, you can deduct only what the property costs you. If these costs are included in the cost of goods sold, do not deduct them again as a business expense.

If your deductions for an investment or business activity are more than the income it brings in, you have a loss. There may be limits on how much of the loss you can deduct. If you carry on your business activity without the intention of making a profit, you cannot use a loss from it to offset other income. For more information, see Not-for-Profit Activities , later. Generally, a deductible loss from a trade or business or other income-producing activity is limited to the investment you have "at risk" in the activity.

You are at risk in any activity for the following. The money and adjusted basis of property you contribute to the activity. You pledge property other than property used in the activity as security for the loan.

Generally, you are in a passive activity if you have a trade or business activity in which you do not materially participate, or a rental activity. In general, deductions for losses from passive activities only offset income from passive activities.

You cannot use any excess deductions to offset other income. In addition, passive activity credits can only offset the tax on net passive income. Any excess loss or credits are carried over to later years. Suspended passive losses are fully deductible in the year you completely dispose of the activity. For more information, see Pub. If your deductions are more than your income for the year, you may have an NOL.

You can use an NOL to lower your taxes in other years. When you can deduct an expense depends on your accounting method. An accounting method is a set of rules used to determine when and how income and expenses are reported. The two basic methods are the cash method and the accrual method. Whichever method you choose must clearly reflect income.

Under the cash method of accounting, you generally deduct business expenses in the tax year you pay them. Under an accrual method of accounting, you generally deduct business expenses when both of the following apply.

You generally cannot deduct or capitalize a business expense until economic performance occurs. If your expense is for property or services provided to you, or for your use of property, economic performance occurs as the property or services are provided, or the property is used. If your expense is for property or services you provide to others, economic performance occurs as you provide the property or services. Your tax year is the calendar year.

You paid it by check in January If you use the cash method of accounting, deduct the expense on your tax return.

You generally cannot deduct expenses in advance, even if you pay them in advance. This applies to prepaid interest, prepaid insurance premiums, and any other prepaid expense that creates an intangible asset. If you pay an amount that creates an intangible asset, then you must capitalize the amounts paid and begin to amortize the payment over the appropriate period. However, you do not have to capitalize amounts for creating an intangible asset if the right or benefit created does not extend beyond the earlier of 12 months after the date that you first receive the right or benefit or the end of the tax year following the year in which you made the advance payment.

If you are a cash method taxpayer and your advance payment qualifies for this exception, then you can generally deduct the amount when paid. If you are an accrual method taxpayer, you cannot deduct the amount until the all-events test has been met and economic performance has occurred. In , you sign a year lease and immediately pay your rent for the first 3 years. Even though you paid the rent for , , and , you can only deduct the rent for on your tax return.

You can deduct the rent for and on your tax returns for those years. You are a cash method calendar year taxpayer. On December 1, , you sign a month lease, effective beginning January 1, , and immediately pay your rent for the entire month period that begins on January 1, The right or benefit attributable to the payment neither extends more than 12 months beyond January 1, the first day that you are entitled to use the property nor beyond the tax year ending December 31, the year following the year in which you made the advance payment.

Therefore, your prepayment does not have to be capitalized, and you can deduct the entire payment in the year you pay it.

Under the cash method, you can deduct a contested liability only in the year you pay the liability. Under the accrual method, you can deduct contested liabilities such as taxes except foreign or U. However, to take the deduction in the year of payment or transfer, you must meet certain conditions.

Under an accrual method of accounting, you generally deduct expenses when you incur them, even if you have not yet paid them.

However, if you and the person you owe are related and that person uses the cash method of accounting, you must pay the expense before you can deduct it. Your deduction is allowed when the amount is includible in income by the related cash method payee. For more information, see Related Persons in Pub. If you do not carry on your business or investment activity to make a profit, you cannot use a loss from the activity to offset other income. Activities you do as a hobby, or mainly for sport or recreation, are often not entered into for profit.

The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. It does not apply to corporations other than S corporations. In determining whether you are carrying on an activity for profit, several factors are taken into account. No one factor alone is decisive. Among the factors to consider are whether:. Your losses are due to circumstances beyond your control or are normal in the start-up phase of your type of business ,.

You or your advisors have the knowledge needed to carry on the activity as a successful business,. An activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax years, including the current year.

Activities that consist primarily of breeding, training, showing, or racing horses are presumed carried on for profit if they produced a profit in at least 2 of the last 7 tax years, including the current year.

The activity must be substantially the same for each year within this period. You have a profit when the gross income from an activity exceeds the deductions.

If a taxpayer dies before the end of the 5-year or 7-year period, the "test" period ends on the date of the taxpayer's death. If your business or investment activity passes this 3- or 2- years-of-profit test, the IRS will presume it is carried on for profit. This means the limits discussed here will not apply. You can take all your business deductions from the activity, even for the years that you have a loss.

You can rely on this presumption unless the IRS later shows it to be invalid. If you are starting an activity and do not have 3 or 2 years showing a profit, you can elect to have the presumption made after you have the 5 or 7 years of experience allowed by the test. You can elect to do this by filing Form Filing this form postpones any determination that your activity is not carried on for profit until 5 or 7 years have passed since you started the activity.

The benefit gained by making this election is that the IRS will not immediately question whether your activity is engaged in for profit. Accordingly, it will not restrict your deductions.

Rather, you will gain time to earn a profit in the required number of years. If you show 3 or 2 years of profit at the end of this period, your deductions are not limited under these rules. If you do not have 3 or 2 years of profit, the limit can be applied retroactively to any year with a loss in the 5-year or 7-year period. Filing Form automatically extends the period of limitations on any year in the 5-year or 7-year period to 2 years after the due date of the tax return for the last year of the period.

The period is extended only for deductions of the activity and any related deductions that might be affected. You must file Form within 3 years after the due date of your tax return determined without extensions for the year in which you first carried on the activity, or, if earlier, within 60 days after receiving written notice from the IRS proposing to disallow deductions attributable to the activity.

Gross income from a not-for-profit activity includes the total of all gains from the sale, exchange, or other disposition of property, and all other gross receipts derived from the activity. Gross income from the activity also includes capital gains and rents received for the use of property that is held in connection with the activity. You can determine gross income from any not-for-profit activity by subtracting the cost of goods sold from your gross receipts.

However, if you determine gross income by subtracting cost of goods sold from gross receipts, you must do so consistently, and in a manner that follows generally accepted methods of accounting.

If your activity is not carried on for profit, take deductions in the following order and only to the extent stated in the three categories. If you are an individual, these deductions may be taken only if you itemize. These deductions may be taken on Schedule A Form Deductions you can take for personal as well as for business activities are allowed in full. For individuals, all nonbusiness deductions, such as those for home mortgage interest, taxes, and casualty losses, belong in this category.

Deduct them on the appropriate lines of Schedule A Form Disaster tax relief was enacted for those impacted by Hurricane Harvey, Irma, or Maria. As a result, you may be required to calculate your casualty loss differently. Deductions that do not result in an adjustment to the basis of property are allowed next, but only to the extent your gross income from the activity is more than your deductions under the first category.

Most business deductions, such as those for advertising, insurance premiums, interest, utilities, and wages, belong in this category. Business deductions that decrease the basis of property are allowed last, but only to the extent the gross income from the activity exceeds the deductions you take under the first two categories. Deductions for depreciation, amortization, and the part of a casualty loss an individual could not deduct in category 1 belong in this category. Where more than one asset is involved, allocate depreciation and these other deductions proportionally.

Individuals must claim the amounts in categories 2 and 3 as miscellaneous deductions on Schedule A Form Adriana is engaged in a not-for-profit activity. The income and expenses of the activity are as follows.

The limit is reached in category 3, as follows. If a partnership or S corporation carries on a not-for-profit activity, these limits apply at the partnership or S corporation level.

They are reflected in the individual shareholder's or partner's distributive shares. If you have several undertakings, each may be a separate activity or several undertakings may be combined.

The following are the most significant facts and circumstances in making this determination. The degree of organizational and economic interrelationship of various undertakings. The business purpose that is or might be served by carrying on the various undertakings separately or together in a business or investment setting.

The IRS will generally accept your characterization if it is supported by facts and circumstances. If you are carrying on two or more different activities, keep the deductions and income from each one separate. Figure separately whether each is a not-for-profit activity. Then figure the limit on deductions and losses separately for each activity that is not for profit.

You can generally deduct the amount you pay your employees for the services they perform. The pay may be in cash, property, or services. It may include wages, salaries, bonuses, commissions, or other non-cash compensation such as vacation allowances and fringe benefits.

For information about deducting employment taxes, see chapter 5. You can claim employment credits, such as the following, if you hire individuals who meet certain requirements. Reduce your deduction for employee wages by the amount of employment credits you claim. For more information about these credits, see the form in Form and Instructions list, later on which the credit is claimed.

To be deductible, your employees' pay must be an ordinary and necessary business expense and you must pay or incur it. These and other requirements that apply to all business expenses are explained in chapter 1. The form or method of figuring the pay doesn't affect its deductibility. For example, bonuses and commissions based on sales or earnings, and paid under an agreement made before the services were performed, are both deductible.

You must be able to prove that the pay is reasonable. Whether the pay is reasonable depends on the circumstances that existed when you contracted for the services, not those that exist when reasonableness is questioned.

If the pay is excessive, the excess pay is disallowed as a deduction. Determine the reasonableness of pay by the facts and circumstances. Generally, reasonable pay is the amount that a similar business would pay for the same or similar services. To determine if pay is reasonable, also consider the following items and any other pertinent facts. The ability and achievements of the individual employee performing the service.

The pay compared with the gross and net income of the business, as well as with distributions to shareholders if the business is a corporation. If a corporation pays an employee who is also a shareholder a salary that is unreasonably high considering the services actually performed, the excessive part of the salary may be treated as a constructive dividend to the employee-shareholder.

The excessive part of the salary wouldn't be allowed as a salary deduction by the corporation. For more information on corporate distributions to shareholders, see Pub. Some of the ways you may provide pay to your employees in addition to regular wages or salaries are discussed next. For specialized and detailed information on employees' pay and the employment tax treatment of employees' pay, see Pubs. You can generally deduct amounts you pay to your employees as awards, whether paid in cash or property.

If you give property to an employee as an employee achievement award, your deduction may be limited. An achievement award is an item of tangible personal property that meets all the following requirements. It is given to an employee for length of service or safety achievement. It is awarded under conditions and circumstances that don't create a significant likelihood of disguised pay.

An award will qualify as a length-of-service award only if either of the following applies. The employee receives the award after his or her first 5 years of employment. The employee didn't receive another length-of-service award other than one of very small value during the same year or in any of the prior 4 years. An award for safety achievement will qualify as an achievement award unless one of the following applies. It is given to a manager, administrator, clerical employee, or other professional employee.

Your deduction for the cost of employee achievement awards given to any one employee during the tax year is limited to the following. A qualified plan award is an achievement award given as part of an established written plan or program that doesn't favor highly compensated employees as to eligibility or benefits. A highly compensated employee is an employee who meets either of the following tests. To figure this average cost, ignore awards of nominal value. You may not owe employment taxes on the value of some achievement awards you provide to an employee.

You can generally deduct a bonus paid to an employee if you intended the bonus as additional pay for services, not as a gift, and the services were performed. However, the total bonuses, salaries, and other pay must be reasonable for the services performed. If the bonus is paid in property, see Property , later. If, to promote employee goodwill, you distribute food or merchandise of nominal value to your employees at holidays, you can deduct the cost of these items as a nonwage business expense.

For more information on this deduction limit, see Meals and lodging , later. If you pay or reimburse education expenses for an employee, you can deduct the payments if they are part of a qualified educational assistance program. Deduct them on the "Employee benefit programs" or other appropriate line of your tax return.

For information on educational assistance programs, see Educational Assistance in section 2 of Pub. A fringe benefit is a form of pay for the performance of services. You can generally deduct the cost of fringe benefits. You may be able to exclude all or part of the value of some fringe benefits from your employees' pay. You also may not owe employment taxes on the value of the fringe benefits.

See Table in Pub. Certain fringe benefits are discussed next. You can usually deduct the cost of furnishing meals and lodging to your employees. Deduct the cost in whatever category the expense falls.

For example, if you operate a restaurant, deduct the cost of the meals you furnish to employees as part of the cost of goods sold. If you operate a nursing home, motel, or rental property, deduct the cost of furnishing lodging to an employee as expenses for utilities, linen service, salaries, depreciation, etc. However, you can deduct the full cost of the following meals.

Meals that qualify as a de minimis fringe benefit as discussed in section 2 of Pub. This generally includes meals you furnish to employees at your place of business if more than half of these employees are provided the meals for your convenience. Meals you furnish to your employees at the work site when you operate a restaurant or catering service.

Meals you furnish to your employees as part of the expense of providing recreational or social activities, such as a company picnic. This doesn't include meals you furnish on vessels primarily providing luxury water transportation. Meals you furnish on an oil or gas platform or drilling rig located offshore or in Alaska.

This includes meals you furnish at a support camp that is near and integral to an oil or gas drilling rig located in Alaska. You can generally deduct amounts you spend on employee benefit programs on the applicable line of your tax return.

For example, if you provide dependent care by operating a dependent care facility for your employees, deduct your costs in whatever categories they fall utilities, salaries, etc. A welfare benefit fund is a funded plan or a funded arrangement having the effect of a plan that provides welfare benefits to your employees, independent contractors, or their beneficiaries.

Welfare benefits are any benefits other than deferred compensation or transfers of restricted property. Your deduction for contributions to a welfare benefit fund is limited to the fund's qualified cost for the tax year. If your contributions to the fund are more than its qualified cost, carry the excess over to the next tax year.

Generally, the fund's "qualified cost" is the total of the following amounts, reduced by the after-tax income of the fund. The contributions added to a reserve account that are needed to fund claims incurred but not paid as of the end of the year. These claims can be for supplemental unemployment benefits, severance pay, or disability, medical, or life insurance benefits.

For more information, see sections c and A and the related regulations. You generally can deduct as wages an advance you make to an employee for services performed if you don't expect the employee to repay the advance. However, if the employee performs no services, treat the amount you advanced as a loan. If the employee doesn't repay the loan, treat it as income to the employee.

See Below-Market Loans in chapter 4. If you transfer property including your company's stock to an employee as payment for services, you can generally deduct it as wages. The amount you can deduct is the property's fair market value FMV on the date of the transfer less any amount the employee paid for the property.

You can claim the deduction only for the tax year in which your employee includes the property's value in income. Your employee is deemed to have included the value in income if you report it on Form W-2 in a timely manner.

You treat the deductible amount as received in exchange for the property, and you must recognize any gain or loss realized on the transfer, unless it is the company's stock transferred as payment for services. Your gain or loss is the difference between the FMV of the property and its adjusted basis on the date of transfer. These rules also apply to property transferred to an independent contractor for services, generally reported on Form MISC.

If the property you transfer for services is subject to restrictions that affect its value, you generally can't deduct it and don't report gain or loss until it is substantially vested in the recipient. However, if the recipient pays for the property, you must report any gain at the time of the transfer up to the amount paid.

This means that the recipient isn't likely to have to give up his or her rights in the property in the future. You can generally deduct the amount you pay or reimburse employees for business expenses incurred for your business. However, your deduction may be limited.

If you make the payment under an accountable plan, deduct it in the category of the expense paid. For example, if you pay an employee for travel expenses incurred on your behalf, deduct this payment as a travel expense.

If you make the payment under a nonaccountable plan, deduct it as wages and include it in the employee's Form W See Reimbursement of Travel, Meals, and Entertainment , in chapter 11, for more information about deducting reimbursements and an explanation of accountable and nonaccountable plans.

You can deduct amounts you pay to your employees for sickness and injury, including lump-sum amounts, as wages. However, your deduction is limited to amounts not compensated by insurance or other means. Vacation pay is an employee benefit. It includes amounts paid for unused vacation leave. You can deduct vacation pay only in the tax year in which the employee actually receives it. This rule applies regardless of whether you use the cash or accrual method of accounting.

This chapter discusses the tax treatment of rent or lease payments you make for property you use in your business but do not own. It also discusses how to treat other kinds of payments you make that are related to your use of this property. These include payments you make for taxes on the property. Rent is any amount you pay for the use of property you do not own.

In general, you can deduct rent as an expense only if the rent is for property you use in your trade or business. If you have or will receive equity in or title to the property, the rent is not deductible. Ordinarily, the issue of reasonableness arises only if you and the lessor are related. Rent paid to a related person is reasonable if it is the same amount you would pay to a stranger for use of the same property.

For examples of related persons, see Related persons in chapter 2 of Pub. If you rent your home and use part of it as your place of business, you may be able to deduct the rent you pay for that part. You must meet the requirements for business use of your home. For more information, see Business use of your home in chapter 1.

Generally, rent paid for use of property in your trade or business is deductible in the year paid or incurred. If you are an accrual method taxpayer and pay rent in advance, you can deduct only the amount of rent that applies to your use of rented property during the tax year. You can deduct the rest of the rent payment only over the period to which it applies. If you are a cash method taxpayer, you may deduct the entire amount of rent you paid in advance in the year of payment if the payment applies to right to use property that does not extend beyond the earlier of 12 months after the first date you have the right to use the property or the end of the tax year following the year in which you paid the advance rent.

If your payment applies to the right to use property beyond this period, then you must capitalize the rent payment and deduct it over the period to which it applies. Assume the same facts as Example 1 , except you are a cash method calendar year taxpayer. The payment applies to your right to use the property that does not extend beyond 12 months after the date you received this right. You are either a cash or accrual calendar year taxpayer.

You generally can deduct as rent an amount you pay to cancel a business lease. There may be instances in which you must determine whether your payments are for rent or for the purchase of the property. You must first determine whether your agreement is a lease or a conditional sales contract.

Payments made under a conditional sales contract are not deductible as rent expense. Whether an agreement is a conditional sales contract depends on the intent of the parties. Determine intent based on the provisions of the agreement and the facts and circumstances that exist when you make the agreement. No single test, or special combination of tests, always applies. However, in general, an agreement may be considered a conditional sales contract rather than a lease if any of the following is true.

The agreement applies part of each payment toward an equity interest you will receive. You get title to the property after you make a stated amount of required payments.

The amount you must pay to use the property for a short time is a large part of the amount you would pay to get title to the property. You pay much more than the current fair rental value of the property. You have an option to buy the property at a nominal price compared to the value of the property when you may exercise the option.

Determine this value when you make the agreement. You have an option to buy the property at a nominal price compared to the total amount you have to pay under the agreement. The agreement designates part of the payments as interest, or that part is easy to recognize as interest. Leveraged lease transactions may not be considered leases.

Leveraged leases generally involve three parties: Usually, the lease term covers a large part of the useful life of the leased property, and the lessee's payments to the lessor are enough to cover the lessor's payments to the lender. If you plan to take part in what appears to be a leveraged lease, you may want to get an advance ruling. Revenue Procedure contains the guidelines the IRS will use to determine if a leveraged lease is a lease for federal income tax purposes.

Revenue Procedure provides the information required to be furnished in a request for an advance ruling on a leveraged lease transaction.

These two revenue procedures can be found in I. For advance ruling purposes only, the IRS will consider the lessor in a leveraged lease transaction to be the owner of the property and the transaction to be a valid lease if all the factors in the revenue procedure are met, including the following.

The lessee may not have a contractual right to buy the property from the lessor at less than FMV when the right is exercised. The lessee may not invest in the property, except as provided by Revenue Procedure The lessee may not lend any money to the lessor to buy the property or guarantee the loan used by the lessor to buy the property. The lessor must show that it expects to receive a profit apart from the tax deductions, allowances, credits, and other tax attributes.

The IRS may charge you a user fee for issuing a tax ruling. Limited-use property is property not expected to be either useful to or usable by a lessor at the end of the lease term except for continued leasing or transfer to a lessee.

Special rules are provided for certain leases of tangible property. Rents are deferred rent is payable after the end of the calendar year following the calendar year in which the use occurs and the rent is allocated. Rents are prepaid rent is payable before the end of the calendar year preceding the calendar year in which the use occurs and the rent is allocated.

These rules do not apply if your lease specifies equal amounts of rent for each month in the lease term and all rent payments are due in the calendar year to which the rent relates or in the preceding or following calendar year. Generally, if the special rules apply, you must use an accrual method of accounting and time value of money principles for your rental expenses, regardless of your overall method of accounting.

In addition, in certain cases in which the IRS has determined that a lease was designed to achieve tax avoidance, you must take rent and stated or imputed interest into account under a constant rental accrual method in which the rent is treated as accruing ratably over the entire lease term. For details, see section If you lease business property, you can deduct as additional rent any taxes you have to pay to or for the lessor.

When you can deduct these taxes as additional rent depends on your accounting method. If you use the cash method of accounting, you can deduct the taxes as additional rent only for the tax year in which you pay them.

If you use an accrual method of accounting, you can deduct the taxes as additional rent for the tax year in which you can determine all the following. The liability and amount of taxes are determined by state or local law and the lease agreement. Economic performance occurs as you use the property. Oak Corporation is a calendar year taxpayer that uses an accrual method of accounting.

Oak leases land for use in its business. Under state law, owners of real property become liable incur a lien on the property for real estate taxes for the year on January 1 of that year. Under the terms of the lease, Oak becomes liable for the real estate taxes in the later year when the tax bills are issued. Oak cannot deduct the real estate taxes as rent until the tax bill is issued. This is when Oak's liability under the lease becomes fixed.

The facts are the same as in Example 1 , except that, according to the terms of the lease, Oak becomes liable for the real estate taxes when the owner of the property becomes liable for them. As a result, Oak will deduct the real estate taxes as rent on its tax return for the earlier year. This is the year in which Oak's liability under the lease becomes fixed. You may either enter into a new lease with the lessor of the property or get an existing lease from another lessee.

Very often when you get an existing lease from another lessee, you must pay the previous lessee money to get the lease, besides having to pay the rent on the lease. If you get an existing lease on property or equipment for your business, you generally must amortize any amount you pay to get that lease over the remaining term of the lease. The cost of getting an existing lease of tangible property is not subject to the amortization rules for section intangibles discussed in chapter 8.

The term of the lease for amortization includes all renewal options plus any other period for which you and the lessor reasonably expect the lease to be renewed. Allocate the lease cost to the original term and any option term based on the facts and circumstances. In some cases, it may be appropriate to make the allocation using a present value calculation. For more information, see Regulations section 1. That is the remaining life of your present lease plus the periods for renewal.

You may have to pay an additional "rent" amount over part of the lease period to change certain provisions in your lease.

You must capitalize these payments and amortize them over the remaining period of the lease. You are a calendar year taxpayer and sign a year lease to rent part of a building starting on January 1. However, before you occupy it, you decide that you really need less space. Commissions, bonuses, fees, and other amounts you pay to get a lease on property you use in your business are capital costs.

You must amortize these costs over the term of the lease. If you sell at a loss merchandise and fixtures that you bought solely to get a lease, the loss is a cost of getting the lease.

You must capitalize the loss and amortize it over the remaining term of the lease. If you add buildings or make other permanent improvements to leased property, depreciate the cost of the improvements using the modified accelerated cost recovery system MACRS. Depreciate the property over its appropriate recovery period. If a long-term lessee who makes permanent improvements to land later assigns all lease rights to you for money and you pay the rent required by the lease, the amount you pay for the assignment is a capital investment.

If the rental value of the leased land increased since the lease began, part of your capital investment is for that increase in the rental value. The rest is for your investment in the permanent improvements. The part that is for the increased rental value of the land is a cost of getting a lease, and you amortize it over the remaining term of the lease.

You can depreciate the part that is for your investment in the improvements over the recovery period of the property as discussed earlier, without regard to the lease term. Include these costs in the basis of property you produce or acquire for resale, rather than claiming them as a current deduction.

You recover the costs through depreciation, amortization, or cost of goods sold when you use, sell, or otherwise dispose of the property.

You may be subject to the uniform capitalization rules if you do any of the following, unless the property is produced for your use other than in a business or an activity carried on for profit. Acquire property for resale. You produce property if you construct, build, install, manufacture, develop, improve, create, raise, or grow the property. Property produced for you under a contract is treated as produced by you to the extent you make payments or otherwise incur costs in connection with the property.

You rent construction equipment to build a storage facility. If you are subject to the uniform capitalization rules, you must capitalize as part of the cost of the building the rent you paid for the equipment. You recover your cost by claiming a deduction for depreciation on the building.

You rent space in a facility to conduct your business of manufacturing tools. If you are subject to the uniform capitalization rules, you must include the rent you paid to occupy the facility in the cost of the tools you produce.

For exceptions and more information on these rules, see Uniform Capitalization Rules in Pub. This chapter discusses the tax treatment of business interest expense. Business interest expense is an amount charged for the use of money you borrowed for business activities. The rules for deducting interest vary, depending on whether the loan proceeds are used for business, personal, or investment activities.

If you use the proceeds of a loan for more than one type of expense, you must allocate the interest based on the use of the loan's proceeds. In general, you allocate interest on a loan the same way you allocate the loan proceeds. You allocate loan proceeds by tracing disbursements to specific uses.

The easiest way to trace disbursements to specific uses is to keep the proceeds of a particular loan separate from any other funds. The allocation of loan proceeds and the related interest is not generally affected by the use of property that secures the loan. You secure a loan with property used in your business. You use the loan proceeds to buy an automobile for personal use. You must allocate interest expense on the loan to personal use purchase of the automobile even though the loan is secured by business property.

If the property that secures the loan is your home, you generally do not allocate the loan proceeds or the related interest. The interest is usually deductible as qualified home mortgage interest, regardless of how the loan proceeds are used. The period for which a loan is allocated to a particular use begins on the date the proceeds are used and ends on the earlier of the following dates. Even if the lender disburses the loan proceeds to a third party, the allocation of the loan is still based on your use of the funds.

This applies whether you pay for property, services, or anything else by incurring a loan, or you take property subject to a debt. Treat loan proceeds deposited in an account as property held for investment. It does not matter whether the account pays interest. Any interest you pay on the loan is investment interest expense.

If you withdraw the proceeds of the loan, you must reallocate the loan based on the use of the funds. No other amounts are deposited in the account during the year and no part of the loan principal is repaid during the year.

Generally, you treat loan proceeds deposited in an account as used spent before either of the following amounts. The following table shows the transactions in her account during the tax year. For the periods during which loan proceeds are held in the account, Olena treats them as property held for investment.

Generally, you treat a payment from a checking or similar account as made at the time the check is written if you mail or deliver it to the payee within a reasonable period after you write it. You can treat checks written on the same day as written in any order.

If you receive loan proceeds in cash or if the loan proceeds are deposited in an account, you can treat any payment up to the amount of the proceeds made from any account you own, or from cash, as made from those proceeds. This applies to any payment made within 30 days before or after the proceeds are received in cash or deposited in your account. If the loan proceeds are deposited in an account, you can apply this rule even if the rules stated earlier under Order of funds spent would otherwise require you to treat the proceeds as used for other purposes.

If you apply this rule to any payments, disregard those payments and the proceeds from which they are made when applying the rules stated earlier under Order of funds spent. If you received the loan proceeds in cash, you can treat the payment as made on the date you received the cash instead of the date you actually made the payment. Also, Giovanni deposits his paycheck, deposits other loan proceeds, and pays his bills during the same period.

You can use the following method to determine the date loan proceeds are reallocated to another use. You can treat all payments from loan proceeds in the account during any month as taking place on the later of the following dates. However, you can use this optional method only if you treat all payments from the account during the same calendar month in the same way. If you have an account that contains only loan proceeds and interest earned on the account, you can treat any payment from that account as being made first from the interest.

When the interest earned is used up, any remaining payments are from loan proceeds. All the interest charged on the loan from the time it was deposited in the account until the time of the withdrawal is investment interest expense. When you repay any part of a loan allocated to more than one use, treat it as being repaid in the following order.

Investments and passive activities other than those included in 3. Passive activities in connection with a rental real estate activity in which you actively participate. Trade or business use and expenses for certain low-income housing projects. The following rules apply if you have a line of credit or similar arrangement.

Treat all borrowed funds on which interest accrues at the same fixed or variable rate as a single loan. Treat borrowed funds or parts of borrowed funds on which interest accrues at different fixed or variable rates as different loans. Treat these loans as repaid in the order shown on the loan agreement. Allocate the replacement loan to the same uses to which the repaid loan was allocated.

Make the allocation only to the extent you use the proceeds of the new loan to repay any part of the original loan. A debt-financed distribution occurs when a partnership or S corporation borrows funds and allocates those funds to distributions made to partners or shareholders. The manner in which you report the interest expense associated with the distributed debt proceeds depends on your use of those proceeds. If the proceeds were used in a nonpassive trade or business activity, report the interest on Schedule E Form , line 28; enter "interest expense" and the name of the partnership or S corporation in column a and the amount in column h.

If the proceeds were used in a passive activity, follow the Instructions for Form to determine the amount of interest expense that can be reported on Schedule E Form , line 28; enter "interest expense" and the name of the partnership in column a and the amount in column f.

If the proceeds were used in an investment activity, enter the interest on Form If the proceeds are used for personal purposes, the interest is generally not deductible. You can generally deduct as a business expense all interest you pay or accrue during the tax year on debts related to your trade or business. Interest relates to your trade or business if you use the proceeds of the loan for a trade or business expense.

It does not matter what type of property secures the loan. You can deduct interest on a debt only if you meet all the following requirements. If you are liable for part of a business debt, you can deduct only your share of the total interest paid or accrued. You and your brother borrow money. You use your half of the loan in your business, and you make one-half of the loan payments. You can deduct your half of the total interest payments as a business deduction.

Generally, mortgage interest paid or accrued on real estate you own legally or equitably is deductible. However, rather than deducting the interest currently, you may have to add it to the cost basis of the property as explained later under Capitalization of Interest. You will receive the statement if you pay interest to a person including a financial institution or a cooperative housing corporation in the course of that person's trade or business. A governmental unit is a person for purposes of furnishing the statement.

If you receive a refund of interest you overpaid in an earlier year, this amount will be reported in box 4 of Form You cannot deduct this amount. For information on how to report this refund, see Refunds of interest , later in this chapter. Certain expenses you pay to obtain a mortgage cannot be deducted as interest.

These expenses, which include mortgage commissions, abstract fees, and recording fees, are capital expenses. If the property mortgaged is business or income-producing property, you can amortize the costs over the life of the mortgage. If you pay off your mortgage early and pay the lender a penalty for doing this, you can deduct the penalty as interest. Interest charged on employment taxes assessed on your business is deductible. OID is a form of interest. A loan mortgage or other debt generally has OID when its proceeds are less than its principal amount.

The OID is the difference between the stated redemption price at maturity and the issue price of the loan. A loan's stated redemption price at maturity is the sum of all amounts principal and interest payable on it other than qualified stated interest. Qualified stated interest is stated interest that is unconditionally payable in cash or property other than another loan of the issuer at least annually over the term of the loan at a single fixed rate.

You generally deduct OID over the term of the loan. Figure the amount to deduct each year using the constant-yield method, unless the OID on the loan is de minimis. If the OID is de minimis, you can choose one of the following ways to figure the amount you can deduct each year. You make this choice by deducting the OID in a manner consistent with the method chosen on your timely filed tax return for the tax year in which the loan is issued.

You choose to deduct the OID on a straight-line basis over the term of the loan. If the OID is not de minimis, you must use the constant-yield method to figure how much you can deduct each year. You figure your deduction for the first year using the following steps. Determine the issue price of the loan. Generally, this equals the proceeds of the loan.

If you paid points on the loan as discussed later , the issue price generally is the difference between the proceeds and the points. Subtract any qualified stated interest payments from the result in 2. This is the OID you can deduct in the first year. To figure your deduction in any subsequent year, follow the above steps, except determine the adjusted issue price in step 1.

To get the adjusted issue price, add to the issue price any OID previously deducted. Then follow steps 2 and 3 above. The yield to maturity is generally shown in the literature you receive from your lender.

If you do not have this information, consult your lender or tax advisor. In general, the yield to maturity is the discount rate that, when used in figuring the present value of all principal and interest payments, produces an amount equal to the principal amount of the loan.

The facts are the same as in the previous example, except that you deduct the OID on a constant-yield basis over the term of the loan. The yield to maturity on your loan is If your loan or mortgage ends, you may be able to deduct any remaining OID in the tax year in which the loan or mortgage ends.

A loan or mortgage may end due to a refinancing, prepayment, foreclosure, or similar event. If you refinance with the original lender, you generally cannot deduct the remaining OID in the year in which the refinancing occurs, but you may be able to deduct it over the term of the new mortgage or loan. The term "points" is used to describe certain charges paid, or treated as paid, by a borrower to obtain a loan or a mortgage.

These charges are also called loan origination fees, maximum loan charges, discount points, or premium charges. If any of these charges points are solely for the use of money, they are interest. Because points are prepaid interest, you generally cannot deduct the full amount in the year paid. However, you can choose to fully deduct points in the year paid if you meet certain tests. For exceptions to the general rule, see Pub. The points reduce the issue price of the loan and result in OID, deductible as explained in the preceding discussion.

If you make partial payments on a debt other than a debt owed the IRS , the payments are applied, in general, first to interest and any remainder to principal. You can deduct only the interest.

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