Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
New Member
posted Jun 4, 2019 11:25:26 PM

How do I attach an statement of election to treat debt as not secured by a qualified residence?

I took out a HEL from my principle residence to purchase a rental property filed on my Schedule E.  I received Form 1098 to report income.  I put the interest expense on Schedule E associated with that rental.   IRS states that I have to attach a statement to the return:  election pursuant to reg section 1.163-10T(0)(5) to treat debt as not secured by a qualified residence.


Turbo tax will now allow me to attach any statement?

0 3 5616
3 Replies
New Member
Jun 4, 2019 11:25:36 PM

If you want to make the election and attach it to your tax return, you will have to file your federal return by mail. TurboTax does not support attachments in e-filed returns. 

Once made, this election cannot be withdrawn without express permission of the Commissioner, IRS. This means that if you sell the rental property, you won't be able to claim the mortgage interest as a Schedule A deduction.

The following blog discusses this issue in some detail: http://www.taxprotalk.com/forums/viewtopic.php?f=8&t=3061

Level 2
Feb 16, 2023 5:16:50 PM

Does this still apply to the 2022 returns? Can we attach an election to a return filed by TurboTax?

Expert Alumni
Feb 20, 2023 9:03:41 AM

Yes, you can still make the election for 2022.  However, remember that once the election is made, you can not withdraw the election without approval.  To claim the election in TurboTax, you must request your return be mailed and attach a statement with the mailed return.   

 

@tinkerbellwb