How to Treat Hard To Borrow Fees on your return

[pankyz]

Hello, I Paid 10k Hard to borrow fee to Ameritrade and it shows as miscellaneous fee on 1099, Can i deduct that as expenses on my return or how that would be treated on my return. My CPA says it can't be claimed anywhere.

Thanks for any help

[JohnB5677]

Brokers charge short sellers “stock borrow fees” or “loan premiums.” Tax research indicates these payments are “fees for the temporary use of property.” Watch out: Many brokers refer to stock borrow fees as “interest expense,” which confuses short sellers.

For tax purposes, stock borrow fees are miscellaneous other deductions for investors on Schedule A line 28, and Section 162 business expenses for traders qualifying for trader tax status (TTS).

Stock borrow fees are not “interest expense” so investors can’t include them in “investment interest expense” deductions.

[pankyz]

I don't have trader Tax Status but i can still include them on on Schedule A line 28 if i am filing married jointly.. Is that correct?

[pankyz]

I was checking Schedule A.. There is no Line 28.. Its only until Line 18.. I Checked from below link.. Can you clarify..I really appreciate your help on this

https://www.irs.gov/pub/irs-pdf/i1040sca.pdf

[JohnB5677]

I received multiple conflicting reports on this, and had to go back to the original source.  Based on Publication 529  page 3&4 you cannot deduct Investment fees and expenses.

Expenses You Can’t Deduct

In addition to the expenses that are no longer deductible as a miscellaneous itemized deduction, there are expenses that are traditionally nondeductible under the Internal Revenue Code. Both categories of deduction are discussed next.

Miscellaneous Deductions Subject to the 2% AGI Limit Unless you qualify for an exception, discussed later, you generally can't deduct the following expenses, even if you fall into one of the qualified categories of employment listed earlier.

• Investment fees and expenses.Investment fees, custodial fees, trust administration fees, and other expenses you paid for managing your investments that produce taxable income are miscellaneous itemized deductions and are no longer deductible.

[pankyz]

Thanks for your response... So  basically i can't deduct these hard to borrow fee then?

[brank99]

So you can't deduct them.  That's ridiculous.  More pushing the upside, rather than a rational marketplace.