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No, personal loan interest is not deductible even if it is for a rental. The loan must be secured by real property.
A secured debt is one in which you sign an instrument (such as a mortgage, deed of trust, or land contract) that:
Makes your ownership in a qualified property security for payment of the debt,
Provides, in case of default, that your qualified property could satisfy the debt, and
Is recorded or is otherwise perfected under any state or local law that applies.
In other words, your mortgage is a secured debt if you put your qualified property up as collateral to protect the interests of the lender. If you cannot pay the debt, your qualified property can then serve as payment to the lender to satisfy (pay) the debt. https://www.irs.gov/publications/p936/ar02.html#en_US_2015_publink1000229890
Just doubling checking this question.
If I take out a loan, from my investment bank, secured again my brokerage assets and NOT the rental property itself, is the loan interest deductible on the rental property schedule E?
(note the loan will be used to pay off the current mortgage)
The loan interest, since not a mortgage, will only be reported on my brokerage/bank statement and NOT on a 1098 or equivalent. Any issues?
From my interpretation of IRS Publication 535 Chapter 4 (https://www.irs.gov/pub/irs-pdf/p535.pdf) that portion of the loan used for business purposes can be treated as business use. The publication covers both passive and non-passive investment use. (passive applies to rental property) However, tracing rules apply in order for the interest on those funds used for the rental property to be deductible on the SCH E.
Carl
very good, thank you.
I’m not familiar with “tracing requirements”; can you elaborate or point me to a resource?
thanks!,
It means that you have to keep records (bank statements, invoice, etc.) that show that the loan proceeds were used to improve the property and that your deduction amount is the same as the interest from the loan.
Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or tax advice.
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