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Can we do delayed financing on investment property, and is it tax deductible against same rental income


@Critter-3 wrote:

You are mixing up the rules on  a HELOC  for  a personal  residential property  and any loan for a business use  property.   The Sch A has a limitation but not the Sch C, Sch E or any other business tax returns.  

 

The only rule you need to follow is the tracing rule where the loan is tied to the business property.   SO pay cash and put a lien on the property  anytime you wish  as all the interest is deductible on the business/rental no matter how it comes about. 


I know the 90 day rule is in writing for a mortgage, I said that above.  It would seem reasonable to apply it to business property, but I don't know that.

 

How do you apply the tracing rule if you own the property debt-free, and borrow the money to "pay yourself back"?  How is that deductible business interest?  It's not allocable to any business activity.   I agree that if the taxpayer borrows from property A to purchase property B (where B could be more real estate, or stocks and bonds, or almost any other investment) then the interest is a business expense against property B (but not property A).  But here, the customer wants to purchase with cash on hand, then borrow to replenish their cash on hand.  How is that traceable or allocable to a business activity?

Can we do delayed financing on investment property, and is it tax deductible against same rental income


@M-MTax wrote:

Agree with @Critter-3 .......... The interest deduction is set out in Sec. 163 and there doesn't seem to be the same limitations as there are for personal residential mortgage interest......qualified residence interest.....OR investment interest which is limited to investment income among other things.


I think you are reading sec 163 too broadly.  I believe this would be investment interest under 163(d).  If you own an investment property free and clear, and took out a mortgage to go gambling in Las Vegas, that is surely not deductible business interest, even though it is secured by the investment property.  Investment interest is only deductible up to net investment income. Sec 163(d)(1).

Can we do delayed financing on investment property, and is it tax deductible against same rental income


@prash wrote:

@Opus 17 

 

If we map the logic you mentioned, how the tax deduction will look like?

 
Just for an example:-
 
Usage of Funds:
Downpayment of an InvestmentProperty paid via all of the following, is eligible for interest deduction to offset rental income ?
 
Source of Funds can be:
1.)CashoutRefinance on primary
2.)CashoutRefinance on investment
3.)HELOC on primary 
4.)HELOC on investment
5.)MarginInterest 
6.)Credit Card Loan
 
Limitations:
Also is there a time limit, to show funds transfer made from loans to downPayment, to avoid losing eligibility?
Can i wait for 1-year for a better oppurtunity to arrive, and then use it for investment properties. Does that count for deduction?
Also, can i switch funds back and forth
For example, use it for:-
Stocks(First 6 months). 
Take Profit, and then invest in Rental Investment
Etc...

I don't understand this question.

 

In general, investment interest is deductible up to the amount of investment income, and this is true even after the 2018 tax reform law, although it is more complicated to claim the deduction. (IRS section 163).

 

For example, if you borrowed $10,000 to invest in a bond that paid you $10/month in interest income, you could deduct up to $10/month of interest you paid on the loan, no matter where the loan was from (unsecured personal loan, credit card, or a property you own).   You have to be able to trace the interest to the business purpose.  If you used the same credit card to pay for a vacation, then the interest on the vacation gets muddled with the interest on the money used to buy the bond, and you probably lose the deduction if audited.

 

Separately (although related), if you buy a rental property with a commercial mortgage, the mortgage interest is a deductible expense against rental income on schedule E.

 

Putting these two things together means that, if you own property A free and clear, and you borrow from property A to purchase a new investment B, you can deduct the interest against income from investment B, assuming you can meet the tracing rules.  You can't deduct the mortgage interest on property A against the rental income from property A, since even though the mortgage is secured by property A, the money wasn't used to purchase or invest in property A. 

 

At least, this is my reading.  I could be wrong.

 

If you bought property A with cash, then take a mortgage to buy a new property or investment B, then I would think the interest is deductible, subject to certain conditions, but I don't think that is what we were talking about.  You wanted to buy property A fast with cash, then take a mortgage to pay yourself back, because what you really want to do is buy property A with a commercial mortgage (which would be fully deductible) but you are worried about delays.  I think you might be able to treat the mortgage as a purchase mortgage by relying on the 90 day rule for mortgages on personal residences and saying that it is reasonable that the same rules be allowed for commercial property.  But if your CPA says that, if you buy property A with cash, and then take a mortgage to pay yourself back, it's not deductible, then I would not go against the advice of the expert you are paying for.

Can we do delayed financing on investment property, and is it tax deductible against same rental income

@Opus 17  Thanks for the replies.

 

Yes, i agree that buying with cash and replenishing later does not do me good overall, unless i keep tons of records ready.

What i am currently planning to do is: Regular Finance as acquisiton loan for investment property. However, the downpayment of this investment property, will come from my cashout refinance funds(secured on primary home).

The thing which is bothering me is :- 

Cashout refinance has lets say $100 funds available to me, for using it.

1.)$10 - Used for downpayment on investment property

2.)$10 - Used for stocks investments

3.)$10 - Used for stocks . Then sold it, then putting it back to realestate investment downpayment

4.)$70 - Waiting for next oppurtunites to arise. It may take me 6-12 months for same.

 

Are all above 4 items eligible for deduction, as long as i can show the intent. If there is a waiting period, i may use funds to move around for other investment types and then put it back, as and when needed.

For such scenarios, how does deduction work?

 

 

 

M-MTax
Level 12

Can we do delayed financing on investment property, and is it tax deductible against same rental income

I think you are reading sec 163 too broadly.  I believe this would be investment interest under 163(d).

I think you are reading sec 163 too narrowly and this would NOT be investment interest under 163(d).......read the definition of investment interest in that section. If that's eliminated there is nothing left to disqualify the interest as a deduction under the General Rule of sec 163. Don't forget that income from rental property is always treated as business income not subject to self employment tax IF the owner materially participates in the activity and I don't think you have to use any tracing rules because it's the property that is producing the income that's being encumbered......it's different from personal residential mortgages.

Can we do delayed financing on investment property, and is it tax deductible against same rental income


@prash wrote:

@Opus 17  Thanks for the replies.

 

Yes, i agree that buying with cash and replenishing later does not do me good overall, unless i keep tons of records ready.

What i am currently planning to do is: Regular Finance as acquisiton loan for investment property. However, the downpayment of this investment property, will come from my cashout refinance funds(secured on primary home).

The thing which is bothering me is :- 

Cashout refinance has lets say $100 funds available to me, for using it.

1.)$10 - Used for downpayment on investment property

2.)$10 - Used for stocks investments

3.)$10 - Used for stocks . Then sold it, then putting it back to realestate investment downpayment

4.)$70 - Waiting for next oppurtunites to arise. It may take me 6-12 months for same.

 

Are all above 4 items eligible for deduction, as long as i can show the intent. If there is a waiting period, i may use funds to move around for other investment types and then put it back, as and when needed.

For such scenarios, how does deduction work?

 

 

 


You are now talking about refinancing your primary residence with a cash-out mortgage, and using part of the money for investment purposes?

 

The first rule of course, will be that any debt that is not acquisition debt on the residence, is not deductible mortgage interest on schedule A.

 

You want to use some of the cash-out monies for other investments, including the down payment on a property, stocks, and "the next opportunity."  This is extremely risky.  You would again have to meet the tracing rules.  Let's suppose you refinance your home for $100,000 on a 4% 30 year mortgage, and your current acquisition debt is $80,000, with $20,000 cash out.  This is what your first few months will look like.

 

Payment Date Payment Principal Interest Total Interest Balance
Jul-21
$477.42
$144.08
$333.33
$333.33
$99,855.92
Aug-21
$477.42
$144.56
$332.85
$666.19
$99,711.36
Sep-21
$477.42
$145.04
$332.37
$998.56
$99,566.31
Oct-21
$477.42
$145.53
$331.89
$1,330.45
$99,420.78
Nov-21
$477.42
$146.01
$331.40
$1,661.85
$99,274.77
Dec-21
$477.42
$146.50
$330.92
$1,992.76
$99,128.27

 

For purposes of the schedule A deduction, you are allowed to consider you pay off equity debt first.  So on your 2021 tax return, you would start the loan at 80% deductible interest, and end the 2021 year with 80.7% deductible interest (80000/99128), so overall you could deduct the average, or 80.35 of the interest.  By the end of 2022, your balance is down to $97,331, so your deductible acquisition debt interest ($80,000 of acquisition debt) is up to 82.2% of the total interest.  And so on.

 

Into that mix, you want to take some of the $20,000 cash out, and invest it in a property, and some more of the $20,000 and invest it in stocks, then pull it out of stocks, and hold onto it until you find another opportunity.

 

How, exactly, are you go to prove with all those moving pieces, that a particular $1 of mortgage interest is allocable to the downpayment on the investment property and another particular $1 is allocable to the stocks you bought?  And I don't see any way for you to allocate interest on the cash out portion to a fund you are holding for other opportunities.

 

I think you have pushed the concept of investment interest being allocable to the different investments past the breaking point, and I don't think it is any way reasonable to try and do this.  You might have a case if you bought and held one single identifiable investment that you could easily allocate the interest between acquisition debt and investment interest, but I am starting to find this getting very dodgy. 

Can we do delayed financing on investment property, and is it tax deductible against same rental income

Thank you for the detailed reply. Very useful.

In real world scenario, i would assume folks have different asset classes and channelize funds based on available oppurtunities.

Also, this complexity will arise any time you refinance your previous loan, due to favorable interest rate. I would assume complexity of multiple channel of investments would be categorized into %, similar to what we are doing currently.

Again, I am no CPA, and I would like to find a CPA who can handle real world complex transactions, and for that to happen, i need to understand what is possible, and then i can explain to CPA, if they have done this before, and if they forsee any issues.

I am sure someone must have figured this out already, since this seems to be a like a genuine case, where you get funds for investments, and you have waiting period, until you jump upon a better oppurtunity. Also, you make profit after 1-2 years, and discover another oppurtunity. Also, categories of investments may be different and allocated differently.

If current IRS rules, doesn't allow this complexity at all, I would assume then entire interest deduction is lost? 

 

Can we do delayed financing on investment property, and is it tax deductible against same rental income

Investment interest is a deductible expense against investment income.  

 

However, the burden of proof for any expense or deduction is always on the taxpayer, not the IRS. 

 

In the case where one loan is used for a mixed purposes, partly investment and partly other things, you must be able to allocate the interest expense to each purpose and, if audited, prove your allocation to the satisfaction of the examiner or the Tax Court.

 

I don't feel qualified to comment further.  

Can we do delayed financing on investment property, and is it tax deductible against same rental income

Just in the same situation, have you find the CPA has knowledge about the mortgage interest on delayed financing? I am trying to find the answer here.

DaveF1006
Expert Alumni

Can we do delayed financing on investment property, and is it tax deductible against same rental income

IRS publication 936 says that you may deduct mortgage interest on the delayed financing if you buy your home within 90 days before or after the date you take out the mortgage. An example of this is that  You bought your main home on June 3 for $175,000. You paid for the home with cash you got from the sale of your old home. On July 15, you took out a mortgage of $150,000 secured by your main home. You used the $150,000 to invest in stocks. You can treat the mortgage as taken out to buy your home because you bought the home within 90 days before you took out the mortgage. The entire mortgage qualifies as home acquisition debt because it wasn't more than the home's cost

 

The interest is fully deductible in this case. i hope this helps.

 

@toknowwhy41

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