I've placed a pre-construction deposit with a CCRC. If I cancel the contract or am not accepted due to medical reasons I will receive no interest. If I enter the community when it's developed the interest will be credited to the purchase price. I received a 1099 for imputed interest for 2025. I've read conflicting articles online saying since I'm over age 62 this might be considered a below interest rate loan. Is there a way to avoid paying taxes for 2025 on this imputed interest?
Thanks!
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You can try to use the constructive receipt rule.
https://www.law.cornell.edu/cfr/text/26/1.451-2
(a) General rule. Income although not actually reduced to a taxpayer's possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the taxpayer's control of its receipt is subject to substantial limitations or restrictions.
To have the interest be non-taxable, you can either:
a. leave the 1099-INT off your tax return. This will probably trigger an IRS letter and you would need to explain why the interest is not taxable.
b. Enter the 1099-INT and then enter an item of miscellaneous other income with a negative number to offset the interest, with a brief explanation. This may still trigger a letter asking for more information.
c. File by mail instead of e-filing. Don't include the 1099-INT as income. Attach a copy of the 1099-INT and a written explanation of why you are not treating the interest as taxable income at this time.
The interest will all be taxable if it is applied to the buy-in cost, of course, and not just the part that is reported on a 1099-INT for that year.
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