pk
Level 15
Level 15

Deductions & credits

@NCperson , @DawnC , as I read through 26USC163,  agree that there is the possibility of different interpretation  because of the use of "properly allocable"  i.e. the question becomes can  an interest  payment  ( prorated )  that is secured  by a residence , be allocated to the "use" -----  I maintain, and absent case law,  that "allocation " to business use is not  qualified .   Thus  it is not deductible as an expense to the business.  I agree the situation would be different if the business signed  a loan agreement  showing that there is an indebtedness  for the amount on which an interest is being paid.  That is why I suggested seeing a lawyer to set up a  securitization so the  interest payment can be passed through.  Absent that I am not persuaded that the residential loan interest can be "allowably allocated" to a business venture.  I am attaching  relevant portion of the 26USC 163 below -- the full text is available at LII Cornel -- https://www.law.cornell.edu/uscode/text/26/163

 

 

26USC.163.

(h)Disallowance of deduction for personal interest

(1)In general

In the case of a taxpayer other than a corporation, no deduction shall be allowed under this chapter for personal interest paid or accrued during the taxable year.

(2)Personal interestFor purposes of this subsection, the term “personal interest” means any interest allowable as a deduction under this chapter other than—
(A)
interest paid or accrued on indebtedness properly allocable to a trade or business (other than the trade or business of performing services as an employee),
 
further down:
26.USC.163.
(3)Qualified residence interestFor purposes of this subsection—
(A)In generalThe term “qualified residence interest” means any interest which is paid or accrued during the taxable year on—
(i)
acquisition indebtedness with respect to any qualified residence of the taxpayer, or
(ii)
home equity indebtedness with respect to any qualified residence of the taxpayer.
For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued.
(B)Acquisition indebtedness
(i)In generalThe term “acquisition indebtedness” means any indebtedness which—
(I)
is incurred in acquiring, constructing, or substantially improving anyqualified residence of the taxpayer, and
(II)
is secured by such residence.