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1040x Amended Form

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1040x Amended Form

1040x amended form 4. 1040x amended form   Interest Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Allocation of InterestOrder of funds spent. 1040x amended form Payments from checking accounts. 1040x amended form Amounts paid within 30 days. 1040x amended form Optional method for determining date of reallocation. 1040x amended form Interest on a segregated account. 1040x amended form How to report. 1040x amended form Interest You Can DeductStatement. 1040x amended form Expenses paid to obtain a mortgage. 1040x amended form Prepayment penalty. 1040x amended form De minimis OID. 1040x amended form Constant-yield method. 1040x amended form Loan or mortgage ends. 1040x amended form Interest You Cannot DeductPenalties. 1040x amended form Who is a key person? Exceptions for pre-June 1997 contracts. 1040x amended form Interest allocated to unborrowed policy cash value. 1040x amended form Capitalization of Interest When To Deduct InterestPrepaid interest. 1040x amended form Discounted loan. 1040x amended form Refunds of interest. 1040x amended form Prepaid interest. 1040x amended form Discounted loan. 1040x amended form Tax deficiency. 1040x amended form Related person. 1040x amended form Below-Market LoansLimit on forgone interest for gift loans of $100,000 or less. 1040x amended form Introduction This chapter discusses the tax treatment of business interest expense. 1040x amended form Business interest expense is an amount charged for the use of money you borrowed for business activities. 1040x amended form Topics - This chapter discusses: Allocation of interest Interest you can deduct Interest you cannot deduct Capitalization of interest When to deduct interest Below-market loans Useful Items - You may want to see: Publication 537 Installment Sales 550 Investment Income and Expenses 936 Home Mortgage Interest Deduction Form (and Instructions) Sch A (Form 1040) Itemized Deductions Sch E (Form 1040) Supplemental Income and Loss Sch K-1 (Form 1065) Partner's Share of Income, Deductions, Credits, etc. 1040x amended form Sch K-1 (Form 1120S) Shareholder's Share of Income, Deductions, Credits, etc. 1040x amended form 1098 Mortgage Interest Statement 3115 Application for Change in Accounting Method 4952 Investment Interest Expense Deduction 8582 Passive Activity Loss Limitations See chapter 12 for information about getting publications and forms. 1040x amended form Allocation of Interest The rules for deducting interest vary, depending on whether the loan proceeds are used for business, personal, or investment activities. 1040x amended form If you use the proceeds of a loan for more than one type of expense, you must allocate the interest based on the use of the loan's proceeds. 1040x amended form Allocate your interest expense to the following categories. 1040x amended form Nonpassive trade or business activity interest Passive trade or business activity interest Investment interest Portfolio interest Personal interest In general, you allocate interest on a loan the same way you allocate the loan proceeds. 1040x amended form You allocate loan proceeds by tracing disbursements to specific uses. 1040x amended form The easiest way to trace disbursements to specific uses is to keep the proceeds of a particular loan separate from any other funds. 1040x amended form Secured loan. 1040x amended form   The allocation of loan proceeds and the related interest is not generally affected by the use of property that secures the loan. 1040x amended form Example. 1040x amended form You secure a loan with property used in your business. 1040x amended form You use the loan proceeds to buy an automobile for personal use. 1040x amended form You must allocate interest expense on the loan to personal use (purchase of the automobile) even though the loan is secured by business property. 1040x amended form    If the property that secures the loan is your home, you generally do not allocate the loan proceeds or the related interest. 1040x amended form The interest is usually deductible as qualified home mortgage interest, regardless of how the loan proceeds are used. 1040x amended form For more information, see Publication 936. 1040x amended form Allocation period. 1040x amended form   The period for which a loan is allocated to a particular use begins on the date the proceeds are used and ends on the earlier of the following dates. 1040x amended form The date the loan is repaid. 1040x amended form The date the loan is reallocated to another use. 1040x amended form Proceeds not disbursed to borrower. 1040x amended form   Even if the lender disburses the loan proceeds to a third party, the allocation of the loan is still based on your use of the funds. 1040x amended form This applies whether you pay for property, services, or anything else by incurring a loan, or you take property subject to a debt. 1040x amended form Proceeds deposited in borrower's account. 1040x amended form   Treat loan proceeds deposited in an account as property held for investment. 1040x amended form It does not matter whether the account pays interest. 1040x amended form Any interest you pay on the loan is investment interest expense. 1040x amended form If you withdraw the proceeds of the loan, you must reallocate the loan based on the use of the funds. 1040x amended form Example. 1040x amended form Celina, a calendar-year taxpayer, borrows $100,000 on January 4 and immediately uses the proceeds to open a checking account. 1040x amended form No other amounts are deposited in the account during the year and no part of the loan principal is repaid during the year. 1040x amended form On April 2, Celina uses $20,000 from the checking account for a passive activity expenditure. 1040x amended form On September 4, Celina uses an additional $40,000 from the account for personal purposes. 1040x amended form Under the interest allocation rules, the entire $100,000 loan is treated as property held for investment for the period from January 4 through April 1. 1040x amended form From April 2 through September 3, Celina must treat $20,000 of the loan as used in the passive activity and $80,000 of the loan as property held for investment. 1040x amended form From September 4 through December 31, she must treat $40,000 of the loan as used for personal purposes, $20,000 as used in the passive activity, and $40,000 as property held for investment. 1040x amended form Order of funds spent. 1040x amended form   Generally, you treat loan proceeds deposited in an account as used (spent) before either of the following amounts. 1040x amended form Any unborrowed amounts held in the same account. 1040x amended form Any amounts deposited after these loan proceeds. 1040x amended form Example. 1040x amended form On January 9, Olena opened a checking account, depositing $500 of the proceeds of Loan A and $1,000 of unborrowed funds. 1040x amended form The following table shows the transactions in her account during the tax year. 1040x amended form Date Transaction January 9 $500 proceeds of Loan A and $1,000 unborrowed funds deposited January 14 $500 proceeds of Loan B  deposited February 19 $800 used for personal purposes February 27 $700 used for passive activity June 19 $1,000 proceeds of Loan C  deposited November 20 $800 used for an investment December 18 $600 used for personal purposes Olena treats the $800 used for personal purposes as made from the $500 proceeds of Loan A and $300 of the proceeds of Loan B. 1040x amended form She treats the $700 used for a passive activity as made from the remaining $200 proceeds of Loan B and $500 of unborrowed funds. 1040x amended form She treats the $800 used for an investment as made entirely from the proceeds of Loan C. 1040x amended form She treats the $600 used for personal purposes as made from the remaining $200 proceeds of Loan C and $400 of unborrowed funds. 1040x amended form For the periods during which loan proceeds are held in the account, Olena treats them as property held for investment. 1040x amended form Payments from checking accounts. 1040x amended form   Generally, you treat a payment from a checking or similar account as made at the time the check is written if you mail or deliver it to the payee within a reasonable period after you write it. 1040x amended form You can treat checks written on the same day as written in any order. 1040x amended form Amounts paid within 30 days. 1040x amended form   If you receive loan proceeds in cash or if the loan proceeds are deposited in an account, you can treat any payment (up to the amount of the proceeds) made from any account you own, or from cash, as made from those proceeds. 1040x amended form This applies to any payment made within 30 days before or after the proceeds are received in cash or deposited in your account. 1040x amended form   If the loan proceeds are deposited in an account, you can apply this rule even if the rules stated earlier under Order of funds spent would otherwise require you to treat the proceeds as used for other purposes. 1040x amended form If you apply this rule to any payments, disregard those payments (and the proceeds from which they are made) when applying the rules stated under Order of funds spent. 1040x amended form   If you received the loan proceeds in cash, you can treat the payment as made on the date you received the cash instead of the date you actually made the payment. 1040x amended form Example. 1040x amended form Giovanni gets a loan of $1,000 on August 4 and receives the proceeds in cash. 1040x amended form Giovanni deposits $1,500 in an account on August 18 and on August 28 writes a check on the account for a passive activity expense. 1040x amended form Also, Giovanni deposits his paycheck, deposits other loan proceeds, and pays his bills during the same period. 1040x amended form Regardless of these other transactions, Giovanni can treat $1,000 of the deposit he made on August 18 as being paid on August 4 from the loan proceeds. 1040x amended form In addition, Giovanni can treat the passive activity expense he paid on August 28 as made from the $1,000 loan proceeds treated as deposited in the account. 1040x amended form Optional method for determining date of reallocation. 1040x amended form   You can use the following method to determine the date loan proceeds are reallocated to another use. 1040x amended form You can treat all payments from loan proceeds in the account during any month as taking place on the later of the following dates. 1040x amended form The first day of that month. 1040x amended form The date the loan proceeds are deposited in the account. 1040x amended form However, you can use this optional method only if you treat all payments from the account during the same calendar month in the same way. 1040x amended form Interest on a segregated account. 1040x amended form   If you have an account that contains only loan proceeds and interest earned on the account, you can treat any payment from that account as being made first from the interest. 1040x amended form When the interest earned is used up, any remaining payments are from loan proceeds. 1040x amended form Example. 1040x amended form You borrowed $20,000 and used the proceeds of this loan to open a new savings account. 1040x amended form When the account had earned interest of $867, you withdrew $20,000 for personal purposes. 1040x amended form You can treat the withdrawal as coming first from the interest earned on the account, $867, and then from the loan proceeds, $19,133 ($20,000 − $867). 1040x amended form All the interest charged on the loan from the time it was deposited in the account until the time of the withdrawal is investment interest expense. 1040x amended form The interest charged on the part of the proceeds used for personal purposes ($19,133) from the time you withdrew it until you either repay it or reallocate it to another use is personal interest expense. 1040x amended form The interest charged on the loan proceeds you left in the account ($867) continues to be investment interest expense until you either repay it or reallocate it to another use. 1040x amended form Loan repayment. 1040x amended form   When you repay any part of a loan allocated to more than one use, treat it as being repaid in the following order. 1040x amended form Personal use. 1040x amended form Investments and passive activities (other than those included in (3)). 1040x amended form Passive activities in connection with a rental real estate activity in which you actively participate. 1040x amended form Former passive activities. 1040x amended form Trade or business use and expenses for certain low-income housing projects. 1040x amended form Line of credit (continuous borrowings). 1040x amended form   The following rules apply if you have a line of credit or similar arrangement. 1040x amended form Treat all borrowed funds on which interest accrues at the same fixed or variable rate as a single loan. 1040x amended form Treat borrowed funds or parts of borrowed funds on which interest accrues at different fixed or variable rates as different loans. 1040x amended form Treat these loans as repaid in the order shown on the loan agreement. 1040x amended form Loan refinancing. 1040x amended form   Allocate the replacement loan to the same uses to which the repaid loan was allocated. 1040x amended form Make the allocation only to the extent you use the proceeds of the new loan to repay any part of the original loan. 1040x amended form Debt-financed distribution. 1040x amended form   A debt-financed distribution occurs when a partnership or S corporation borrows funds and allocates those funds to distributions made to partners or shareholders. 1040x amended form The manner in which you report the interest expense associated with the distributed debt proceeds depends on your use of those proceeds. 1040x amended form How to report. 1040x amended form   If the proceeds were used in a nonpassive trade or business activity, report the interest on Schedule E (Form 1040), line 28; enter “interest expense” and the name of the partnership or S corporation in column (a) and the amount in column (h). 1040x amended form If the proceeds were used in a passive activity, follow the Instructions for Form 8582, Passive Activity Loss Limitations, to determine the amount of interest expense that can be reported on Schedule E (Form 1040), line 28; enter “interest expense” and the name of the partnership in column (a) and the amount in column (f). 1040x amended form If the proceeds were used in an investment activity, enter the interest on Form 4952. 1040x amended form If the proceeds are used for personal purposes, the interest is generally not deductible. 1040x amended form Interest You Can Deduct You can generally deduct as a business expense all interest you pay or accrue during the tax year on debts related to your trade or business. 1040x amended form Interest relates to your trade or business if you use the proceeds of the loan for a trade or business expense. 1040x amended form It does not matter what type of property secures the loan. 1040x amended form You can deduct interest on a debt only if you meet all the following requirements. 1040x amended form You are legally liable for that debt. 1040x amended form Both you and the lender intend that the debt be repaid. 1040x amended form You and the lender have a true debtor-creditor relationship. 1040x amended form Partial liability. 1040x amended form   If you are liable for part of a business debt, you can deduct only your share of the total interest paid or accrued. 1040x amended form Example. 1040x amended form You and your brother borrow money. 1040x amended form You are liable for 50% of the note. 1040x amended form You use your half of the loan in your business, and you make one-half of the loan payments. 1040x amended form You can deduct your half of the total interest payments as a business deduction. 1040x amended form Mortgage. 1040x amended form   Generally, mortgage interest paid or accrued on real estate you own legally or equitably is deductible. 1040x amended form However, rather than deducting the interest currently, you may have to add it to the cost basis of the property as explained later under Capitalization of Interest. 1040x amended form Statement. 1040x amended form   If you paid $600 or more of mortgage interest (including certain points) during the year on any one mortgage, you generally will receive a Form 1098 or a similar statement. 1040x amended form You will receive the statement if you pay interest to a person (including a financial institution or a cooperative housing corporation) in the course of that person's trade or business. 1040x amended form A governmental unit is a person for purposes of furnishing the statement. 1040x amended form   If you receive a refund of interest you overpaid in an earlier year, this amount will be reported in box 3 of Form 1098. 1040x amended form You cannot deduct this amount. 1040x amended form For information on how to report this refund, see Refunds of interest, later in this chapter. 1040x amended form Expenses paid to obtain a mortgage. 1040x amended form   Certain expenses you pay to obtain a mortgage cannot be deducted as interest. 1040x amended form These expenses, which include mortgage commissions, abstract fees, and recording fees, are capital expenses. 1040x amended form If the property mortgaged is business or income-producing property, you can amortize the costs over the life of the mortgage. 1040x amended form Prepayment penalty. 1040x amended form   If you pay off your mortgage early and pay the lender a penalty for doing this, you can deduct the penalty as interest. 1040x amended form Interest on employment tax deficiency. 1040x amended form   Interest charged on employment taxes assessed on your business is deductible. 1040x amended form Original issue discount (OID). 1040x amended form   OID is a form of interest. 1040x amended form A loan (mortgage or other debt) generally has OID when its proceeds are less than its principal amount. 1040x amended form The OID is the difference between the stated redemption price at maturity and the issue price of the loan. 1040x amended form   A loan's stated redemption price at maturity is the sum of all amounts (principal and interest) payable on it other than qualified stated interest. 1040x amended form Qualified stated interest is stated interest that is unconditionally payable in cash or property (other than another loan of the issuer) at least annually over the term of the loan at a single fixed rate. 1040x amended form You generally deduct OID over the term of the loan. 1040x amended form Figure the amount to deduct each year using the constant-yield method, unless the OID on the loan is de minimis. 1040x amended form De minimis OID. 1040x amended form   The OID is de minimis if it is less than one-fourth of 1% (. 1040x amended form 0025) of the stated redemption price of the loan at maturity multiplied by the number of full years from the date of original issue to maturity (the term of the loan). 1040x amended form   If the OID is de minimis, you can choose one of the following ways to figure the amount you can deduct each year. 1040x amended form On a constant-yield basis over the term of the loan. 1040x amended form On a straight-line basis over the term of the loan. 1040x amended form In proportion to stated interest payments. 1040x amended form In its entirety at maturity of the loan. 1040x amended form You make this choice by deducting the OID in a manner consistent with the method chosen on your timely filed tax return for the tax year in which the loan is issued. 1040x amended form Example. 1040x amended form On January 1, 2013, you took out a $100,000 discounted loan and received $98,500 in proceeds. 1040x amended form The loan will mature on January 1, 2023 (a 10-year term), and the $100,000 principal is payable on that date. 1040x amended form Interest of $10,000 is payable on January 1 of each year, beginning January 1, 2014. 1040x amended form The $1,500 OID on the loan is de minimis because it is less than $2,500 ($100,000 × . 1040x amended form 0025 × 10). 1040x amended form You choose to deduct the OID on a straight-line basis over the term of the loan. 1040x amended form Beginning in 2013, you can deduct $150 each year for 10 years. 1040x amended form Constant-yield method. 1040x amended form   If the OID is not de minimis, you must use the constant-yield method to figure how much you can deduct each year. 1040x amended form You figure your deduction for the first year using the following steps. 1040x amended form Determine the issue price of the loan. 1040x amended form Generally, this equals the proceeds of the loan. 1040x amended form If you paid points on the loan (as discussed later), the issue price generally is the difference between the proceeds and the points. 1040x amended form Multiply the result in (1) by the yield to maturity. 1040x amended form Subtract any qualified stated interest payments from the result in (2). 1040x amended form This is the OID you can deduct in the first year. 1040x amended form   To figure your deduction in any subsequent year, follow the above steps, except determine the adjusted issue price in step (1). 1040x amended form To get the adjusted issue price, add to the issue price any OID previously deducted. 1040x amended form Then follow steps (2) and (3) above. 1040x amended form   The yield to maturity is generally shown in the literature you receive from your lender. 1040x amended form If you do not have this information, consult your lender or tax advisor. 1040x amended form In general, the yield to maturity is the discount rate that, when used in computing the present value of all principal and interest payments, produces an amount equal to the principal amount of the loan. 1040x amended form Example. 1040x amended form The facts are the same as in the previous example, except that you deduct the OID on a constant yield basis over the term of the loan. 1040x amended form The yield to maturity on your loan is 10. 1040x amended form 2467%, compounded annually. 1040x amended form For 2013, you can deduct $93 [($98,500 × . 1040x amended form 102467) − $10,000]. 1040x amended form For 2014, you can deduct $103 [($98,593 × . 1040x amended form 102467) − $10,000]. 1040x amended form Loan or mortgage ends. 1040x amended form   If your loan or mortgage ends, you may be able to deduct any remaining OID in the tax year in which the loan or mortgage ends. 1040x amended form A loan or mortgage may end due to a refinancing, prepayment, foreclosure, or similar event. 1040x amended form If you refinance with the original lender, you generally cannot deduct the remaining OID in the year in which the refinancing occurs, but you may be able to deduct it over the term of the new mortgage or loan. 1040x amended form See Interest paid with funds borrowed from original lender under Interest You Cannot Deduct, later. 1040x amended form Points. 1040x amended form   The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a loan or a mortgage. 1040x amended form These charges are also called loan origination fees, maximum loan charges, discount points, or premium charges. 1040x amended form If any of these charges (points) are solely for the use of money, they are interest. 1040x amended form   Because points are prepaid interest, you generally cannot deduct the full amount in the year paid. 1040x amended form However, you can choose to fully deduct points in the year paid if you meet certain tests. 1040x amended form For exceptions to the general rule, see Publication 936. 1040x amended form The points reduce the issue price of the loan and result in original issue discount (OID), deductible as explained in the preceding discussion. 1040x amended form Partial payments on a nontax debt. 1040x amended form   If you make partial payments on a debt (other than a debt owed the IRS), the payments are applied, in general, first to interest and any remainder to principal. 1040x amended form You can deduct only the interest. 1040x amended form This rule does not apply when it can be inferred that the borrower and lender understood that a different allocation of the payments would be made. 1040x amended form Installment purchase. 1040x amended form   If you make an installment purchase of business property, the contract between you and the seller generally provides for the payment of interest. 1040x amended form If no interest or a low rate of interest is charged under the contract, a portion of the stated principal amount payable under the contract may be recharacterized as interest (unstated interest). 1040x amended form The amount recharacterized as interest reduces your basis in the property and increases your interest expense. 1040x amended form For more information on installment sales and unstated interest, see Publication 537. 1040x amended form Interest You Cannot Deduct Certain interest payments cannot be deducted. 1040x amended form In addition, certain other expenses that may seem to be interest but are not, cannot be deducted as interest. 1040x amended form You cannot currently deduct interest that must be capitalized, and you generally cannot deduct personal interest. 1040x amended form Interest paid with funds borrowed from original lender. 1040x amended form   If you use the cash method of accounting, you cannot deduct interest you pay with funds borrowed from the original lender through a second loan, an advance, or any other arrangement similar to a loan. 1040x amended form You can deduct the interest expense once you start making payments on the new loan. 1040x amended form   When you make a payment on the new loan, you first apply the payment to interest and then to the principal. 1040x amended form All amounts you apply to the interest on the first loan are deductible, along with any interest you pay on the second loan, subject to any limits that apply. 1040x amended form Capitalized interest. 1040x amended form   You cannot currently deduct interest you are required to capitalize under the uniform capitalization rules. 1040x amended form See Capitalization of Interest, later. 1040x amended form In addition, if you buy property and pay interest owed by the seller (for example, by assuming the debt and any interest accrued on the property), you cannot deduct the interest. 1040x amended form Add this interest to the basis of the property. 1040x amended form Commitment fees or standby charges. 1040x amended form   Fees you incur to have business funds available on a standby basis, but not for the actual use of the funds, are not deductible as interest payments. 1040x amended form You may be able to deduct them as business expenses. 1040x amended form   If the funds are for inventory or certain property used in your business, the fees are indirect costs and you generally must capitalize them under the uniform capitalization rules. 1040x amended form See Capitalization of Interest, later. 1040x amended form Interest on income tax. 1040x amended form   Interest charged on income tax assessed on your individual income tax return is not a business deduction even though the tax due is related to income from your trade or business. 1040x amended form Treat this interest as a business deduction only in figuring a net operating loss deduction. 1040x amended form Penalties. 1040x amended form   Penalties on underpaid deficiencies and underpaid estimated tax are not interest. 1040x amended form You cannot deduct them. 1040x amended form Generally, you cannot deduct any fines or penalties. 1040x amended form Interest on loans with respect to life insurance policies. 1040x amended form   You generally cannot deduct interest on a debt incurred with respect to any life insurance, annuity, or endowment contract that covers any individual unless that individual is a key person. 1040x amended form   If the policy or contract covers a key person, you can deduct the interest on up to $50,000 of debt for that person. 1040x amended form However, the deduction for any month cannot be more than the interest figured using Moody's Composite Yield on Seasoned Corporate Bonds (formerly known as Moody's Corporate Bond Yield Average-Monthly Average Corporates) (Moody's rate) for that month. 1040x amended form Who is a key person?   A key person is an officer or 20% owner. 1040x amended form However, the number of individuals you can treat as key persons is limited to the greater of the following. 1040x amended form Five individuals. 1040x amended form The lesser of 5% of the total officers and employees of the company or 20 individuals. 1040x amended form Exceptions for pre-June 1997 contracts. 1040x amended form   You can generally deduct the interest if the contract was issued before June 9, 1997, and the covered individual is someone other than an employee, officer, or someone financially interested in your business. 1040x amended form If the contract was purchased before June 21, 1986, you can generally deduct the interest no matter who is covered by the contract. 1040x amended form Interest allocated to unborrowed policy cash value. 1040x amended form   Corporations and partnerships generally cannot deduct any interest expense allocable to unborrowed cash values of life insurance, annuity, or endowment contracts. 1040x amended form This rule applies to contracts issued after June 8, 1997, that cover someone other than an officer, director, employee, or 20% owner. 1040x amended form For more information, see section 264(f) of the Internal Revenue Code. 1040x amended form Capitalization of Interest Under the uniform capitalization rules, you generally must capitalize interest on debt equal to your expenditures to produce real property or certain tangible personal property. 1040x amended form The property must be produced by you for use in your trade or business or for sale to customers. 1040x amended form You cannot capitalize interest related to property that you acquire in any other manner. 1040x amended form Interest you paid or incurred during the production period must be capitalized if the property produced is designated property. 1040x amended form Designated property is any of the following. 1040x amended form Real property. 1040x amended form Tangible personal property with a class life of 20 years or more. 1040x amended form Tangible personal property with an estimated production period of more than 2 years. 1040x amended form Tangible personal property with an estimated production period of more than 1 year if the estimated cost of production is more than $1 million. 1040x amended form Property you produce. 1040x amended form   You produce property if you construct, build, install, manufacture, develop, improve, create, raise, or grow it. 1040x amended form Treat property produced for you under a contract as produced by you up to the amount you pay or incur for the property. 1040x amended form Carrying charges. 1040x amended form   Carrying charges include taxes you pay to carry or develop real estate or to carry, transport, or install personal property. 1040x amended form You can choose to capitalize carrying charges not subject to the uniform capitalization rules if they are otherwise deductible. 1040x amended form For more information, see chapter 7. 1040x amended form Capitalized interest. 1040x amended form   Treat capitalized interest as a cost of the property produced. 1040x amended form You recover your interest when you sell or use the property. 1040x amended form If the property is inventory, recover capitalized interest through cost of goods sold. 1040x amended form If the property is used in your trade or business, recover capitalized interest through an adjustment to basis, depreciation, amortization, or other method. 1040x amended form Partnerships and S corporations. 1040x amended form   The interest capitalization rules are applied first at the partnership or S corporation level. 1040x amended form The rules are then applied at the partners' or shareholders' level to the extent the partnership or S corporation has insufficient debt to support the production or construction costs. 1040x amended form   If you are a partner or a shareholder, you may have to capitalize interest you incur during the tax year for the production costs of the partnership or S corporation. 1040x amended form You may also have to capitalize interest incurred by the partnership or S corporation for your own production costs. 1040x amended form To properly capitalize interest under these rules, you must be given the required information in an attachment to the Schedule K-1 you receive from the partnership or S corporation. 1040x amended form Additional information. 1040x amended form   The procedures for applying the uniform capitalization rules are beyond the scope of this publication. 1040x amended form For more information, see sections 1. 1040x amended form 263A-8 through 1. 1040x amended form 263A-15 of the regulations and Notice 88-99. 1040x amended form Notice 88-99 is in Cumulative Bulletin 1988-2. 1040x amended form When To Deduct Interest If the uniform capitalization rules, discussed under Capitalization of Interest, earlier, do not apply to you, deduct interest as follows. 1040x amended form Cash method. 1040x amended form   Under the cash method, you can generally deduct only the interest you actually paid during the tax year. 1040x amended form You cannot deduct a promissory note you gave as payment because it is a promise to pay and not an actual payment. 1040x amended form Prepaid interest. 1040x amended form   You generally cannot deduct any interest paid before the year it is due. 1040x amended form Interest paid in advance can be deducted only in the tax year in which it is due. 1040x amended form Discounted loan. 1040x amended form   If interest or a discount is subtracted from your loan proceeds, it is not a payment of interest and you cannot deduct it when you get the loan. 1040x amended form For more information, see Original issue discount (OID) under Interest You Can Deduct, earlier. 1040x amended form Refunds of interest. 1040x amended form   If you pay interest and then receive a refund in the same tax year of any part of the interest, reduce your interest deduction by the refund. 1040x amended form If you receive the refund in a later tax year, include the refund in your income to the extent the deduction for the interest reduced your tax. 1040x amended form Accrual method. 1040x amended form   Under an accrual method, you can deduct only interest that has accrued during the tax year. 1040x amended form Prepaid interest. 1040x amended form   See Prepaid interest, earlier. 1040x amended form Discounted loan. 1040x amended form   See Discounted loan, earlier. 1040x amended form Tax deficiency. 1040x amended form   If you contest a federal income tax deficiency, interest does not accrue until the tax year the final determination of liability is made. 1040x amended form If you do not contest the deficiency, then the interest accrues in the year the tax was asserted and agreed to by you. 1040x amended form   However, if you contest but pay the proposed tax deficiency and interest, and you do not designate the payment as a cash bond, then the interest is deductible in the year paid. 1040x amended form Related person. 1040x amended form   If you use an accrual method, you cannot deduct interest owed to a related person who uses the cash method until payment is made and the interest is includible in the gross income of that person. 1040x amended form The relationship is determined as of the end of the tax year for which the interest would otherwise be deductible. 1040x amended form See section 267 of the Internal Revenue Code for more information. 1040x amended form Below-Market Loans If you receive a below-market gift or demand loan and use the proceeds in your trade or business, you may be able to deduct the forgone interest. 1040x amended form See Treatment of gift and demand loans, later, in this discussion. 1040x amended form A below-market loan is a loan on which no interest is charged or on which interest is charged at a rate below the applicable federal rate. 1040x amended form A gift or demand loan that is a below-market loan generally is considered an arm's-length transaction in which you, the borrower, are considered as having received both the following. 1040x amended form A loan in exchange for a note that requires the payment of interest at the applicable federal rate. 1040x amended form An additional payment in an amount equal to the forgone interest. 1040x amended form The additional payment is treated as a gift, dividend, contribution to capital, payment of compensation, or other payment, depending on the substance of the transaction. 1040x amended form Forgone interest. 1040x amended form   For any period, forgone interest is The interest that would be payable for that period if interest accrued on the loan at the applicable federal rate and was payable annually on December 31, minus Any interest actually payable on the loan for the period. 1040x amended form Applicable federal rates are published by the IRS each month in the Internal Revenue Bulletin. 1040x amended form Internal Revenue Bulletins are available on the IRS web site at www. 1040x amended form irs. 1040x amended form gov/irb. 1040x amended form You can also contact an IRS office to get these rates. 1040x amended form Loans subject to the rules. 1040x amended form   The rules for below-market loans apply to the following. 1040x amended form Gift loans (below-market loans where the forgone interest is in the nature of a gift). 1040x amended form Compensation-related loans (below-market loans between an employer and an employee or between an independent contractor and a person for whom the contractor provides services). 1040x amended form Corporation-shareholder loans. 1040x amended form Tax avoidance loans (below-market loans where the avoidance of federal tax is one of the main purposes of the interest arrangement). 1040x amended form Loans to qualified continuing care facilities under a continuing care contract (made after October 11, 1985). 1040x amended form   Except as noted in (5) above, these rules apply to demand loans (loans payable in full at any time upon the lender's demand) outstanding after June 6, 1984, and to term loans (loans that are not demand loans) made after that date. 1040x amended form Treatment of gift and demand loans. 1040x amended form   If you receive a below-market gift loan or demand loan, you are treated as receiving an additional payment (as a gift, dividend, etc. 1040x amended form ) equal to the forgone interest on the loan. 1040x amended form You are then treated as transferring this amount back to the lender as interest. 1040x amended form These transfers are considered to occur annually, generally on December 31. 1040x amended form If you use the loan proceeds in your trade or business, you can deduct the forgone interest each year as a business interest expense. 1040x amended form The lender must report it as interest income. 1040x amended form Limit on forgone interest for gift loans of $100,000 or less. 1040x amended form   For gift loans between individuals, forgone interest treated as transferred back to the lender is limited to the borrower's net investment income for the year. 1040x amended form This limit applies if the outstanding loans between the lender and borrower total $100,000 or less. 1040x amended form If the borrower's net investment income is $1,000 or less, it is treated as zero. 1040x amended form This limit does not apply to a loan if the avoidance of any federal tax is one of the main purposes of the interest arrangement. 1040x amended form Treatment of term loans. 1040x amended form   If you receive a below-market term loan other than a gift or demand loan, you are treated as receiving an additional cash payment (as a dividend, etc. 1040x amended form ) on the date the loan is made. 1040x amended form This payment is equal to the loan amount minus the present value, at the applicable federal rate, of all payments due under the loan. 1040x amended form The same amount is treated as original issue discount on the loan. 1040x amended form See Original issue discount (OID) under Interest You Can Deduct, earlier. 1040x amended form Exceptions for loans of $10,000 or less. 1040x amended form   The rules for below-market loans do not apply to any day on which the total outstanding loans between the borrower and lender is $10,000 or less. 1040x amended form This exception applies only to the following. 1040x amended form Gift loans between individuals if the loan is not directly used to buy or carry income-producing assets. 1040x amended form Compensation-related loans or corporation-shareholder loans if the avoidance of any federal tax is not a principal purpose of the interest arrangement. 1040x amended form This exception does not apply to a term loan described in (2) above that was previously subject to the below-market loan rules. 1040x amended form Those rules will continue to apply even if the outstanding balance is reduced to $10,000 or less. 1040x amended form Exceptions for loans without significant tax effect. 1040x amended form   The following loans are specifically exempted from the rules for below-market loans because their interest arrangements do not have a significant effect on the federal tax liability of the borrower or the lender. 1040x amended form Loans made available by lenders to the general public on the same terms and conditions that are consistent with the lender's customary business practices. 1040x amended form Loans subsidized by a federal, state, or municipal government that are made available under a program of general application to the public. 1040x amended form Certain employee-relocation loans. 1040x amended form Certain loans to or from a foreign person, unless the interest income would be effectively connected with the conduct of a U. 1040x amended form S. 1040x amended form trade or business and not exempt from U. 1040x amended form S. 1040x amended form tax under an income tax treaty. 1040x amended form Any other loan if the taxpayer can show that the interest arrangement has no significant effect on the federal tax liability of the lender or the borrower. 1040x amended form Whether an interest arrangement has a significant effect on the federal tax liability of the lender or the borrower will be determined by all the facts and circumstances. 1040x amended form Consider all the following factors. 1040x amended form Whether items of income and deduction generated by the loan offset each other. 1040x amended form The amount of the items. 1040x amended form The cost of complying with the below-market loan provisions if they were to apply. 1040x amended form Any reasons, other than taxes, for structuring the transaction as a below-market loan. 1040x amended form Exception for loans to qualified continuing care facilities. 1040x amended form   The below-market interest rules do not apply to a loan owed by a qualified continuing care facility under a continuing care contract if the lender or lender's spouse is age 62 or older by the end of the calendar year. 1040x amended form A qualified continuing care facility is one or more facilities (excluding nursing homes) meeting the requirements listed below. 1040x amended form Designed to provide services under continuing care contracts (defined below). 1040x amended form Includes an independent living unit, and either an assisted living or nursing facility, or both. 1040x amended form Substantially all of the independent living unit residents are covered by continuing care contracts. 1040x amended form A continuing care contract is a written contract between an individual and a qualified continuing care facility that includes all of the following conditions. 1040x amended form The individual or individual's spouse must be entitled to use the facility for the rest of their life or lives. 1040x amended form The individual or individual's spouse will be provided with housing, as appropriate for the health of the individual or individual's spouse in an: independent living unit (which has additional available facilities outside the unit for the provision of meals and other personal care), and assisted living or nursing facility available in the continuing care facility. 1040x amended form The individual or individual's spouse will be provided with assisted living or nursing care available in the continuing care facility, as required for the health of the individual or the individual's spouse. 1040x amended form For more information, see section 7872(h) of the Internal Revenue Code. 1040x amended form Sale or exchange of property. 1040x amended form   Different rules generally apply to a loan connected with the sale or exchange of property. 1040x amended form If the loan does not provide adequate stated interest, part of the principal payment may be considered interest. 1040x amended form However, there are exceptions that may require you to apply the below-market interest rate rules to these loans. 1040x amended form See Unstated Interest and Original Issue Discount (OID) in Publication 537. 1040x amended form More information. 1040x amended form   For more information on below-market loans, see section 7872 of the Internal Revenue Code and section 1. 1040x amended form 7872-5 of the regulations. 1040x amended form Prev  Up  Next   Home   More Online Publications
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Tax Scams - How to Report Them

Participating in an illegal scheme to avoid paying taxes can result in imprisonment and fines, as well as the repayment of taxes owed with penalties and interest. If you become aware of any abusive tax scams, please report them to the appropriate contact below.

Reporting Tax Scams

Promoters of Abusive Tax Schemes or Preparers of Fraudulent Returns

Common abusive tax scams include anti-tax law, home-based business, trust, and off-shore schemes.

To report promoters of these scheme types or any other types you are aware of that are not listed here, please send a completed referral form, along with any promotional materials to the Lead Development Center:

Mail:
Internal Revenue Service Lead Development Center
Stop MS5040
24000 Avila Road
Laguna Niguel, California 92677-3405

Fax: (877) 477-9135

Abusive Transaction Involving a Retirement Plan

The Abusive Transaction Hotline provides people a way to share information (anonymously, if preferred) about abusive tax shelters and emerging issues that may be abusive in retirement plans.

Find out which listed transactions have been determined by the IRS to be tax avoidance transactions and how to report them.

Abusive Transaction Involving an Exempt Organization

Exempt organizations are, at times, used by for-profit entities as accommodation parties in abusive tax avoidance transactions.

Visit the Exempt Organization Abusive Tax Avoidance Transactions page for information on how to report these schemes using Form 13909, Tax-Exempt Organization Complaint (Referral) Form.

Abusive Tax Shelters and Transactions

The IRS maintains an abusive tax shelter hotline that people can use to provide information (anonymously, if preferred) about abusive tax shelters. Office of Tax Shelter Analysis is primarily interested in potentially abusive transactions that may be employed by many taxpayers and could pose a significant compliance risk to the IRS.

How Do You Report Suspected Tax Fraud Activity?

Quick reference chart outlines how to report suspected tax fraud activity in different situations.

Information for Tax Professionals on the Common Types of Schemes

Page Last Reviewed or Updated: 15-Nov-2013

The 1040x Amended Form

1040x amended form Publication 529 - Introductory Material Table of Contents What's New Reminders IntroductionOrdering forms and publications. 1040x amended form Tax questions. 1040x amended form Useful Items - You may want to see: What's New Standard mileage rate. 1040x amended form  The 2013 rate for business use of a vehicle is 56½ cents per mile. 1040x amended form Reminders Future developments. 1040x amended form  For the latest information about developments related to Publication 529, such as legislation enacted after it was published, go to www. 1040x amended form irs. 1040x amended form gov/pub529. 1040x amended form Photographs of missing children. 1040x amended form  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. 1040x amended form Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. 1040x amended form You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. 1040x amended form Introduction This publication explains which expenses you can claim as miscellaneous itemized deductions on Schedule A (Form 1040 or Form 1040NR). 1040x amended form You must reduce the total of most miscellaneous itemized deductions by 2% of your adjusted gross income. 1040x amended form This publication covers the following topics. 1040x amended form Deductions subject to the 2% limit. 1040x amended form Deductions not subject to the 2% limit. 1040x amended form Expenses you cannot deduct. 1040x amended form How to report your deductions. 1040x amended form Some of the deductions previously discussed in this publication are adjustments to income rather than miscellaneous deductions. 1040x amended form These include certain employee business expenses that must be listed on Form 2106 or Form 2106-EZ and some that are entered directly on Form 1040. 1040x amended form Those deductions, which are discussed in Publication 463, Travel, Entertainment, Gift, and Car Expenses, include employee business expenses of officials paid on a fee basis and performing artists. 1040x amended form Note. 1040x amended form Generally, nonresident aliens are allowed miscellaneous itemized deductions to the extent they are directly related to income which is effectively connected with the conduct of a trade or business within the United States. 1040x amended form You must keep records to verify your deductions. 1040x amended form You should keep receipts, canceled checks, substitute checks, financial account statements, and other documentary evidence. 1040x amended form For more information on recordkeeping, see Publication 552, Recordkeeping for Individuals. 1040x amended form Comments and suggestions. 1040x amended form   We welcome your comments about this publication and your suggestions for future editions. 1040x amended form   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. 1040x amended form NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. 1040x amended form Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. 1040x amended form   You can send your comments from www. 1040x amended form irs. 1040x amended form gov/formspubs. 1040x amended form Click on “More Information” and then on “Comment on Tax Forms and Publications. 1040x amended form ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. 1040x amended form Ordering forms and publications. 1040x amended form   Visit www. 1040x amended form irs. 1040x amended form gov/formspubs to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. 1040x amended form Internal Revenue Service 1201 N. 1040x amended form Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. 1040x amended form   If you have a tax question, check the information available on IRS. 1040x amended form gov or call 1-800-829-1040. 1040x amended form We cannot answer tax questions sent to either of the above addresses. 1040x amended form Useful Items - You may want to see: Publication 463 Travel, Entertainment, Gift, and Car Expenses 525 Taxable and Nontaxable Income 535 Business Expenses 587 Business Use of Your Home (Including Use by Daycare Providers) 946 How To Depreciate Property Form (and Instructions) Schedule A (Form 1040) Itemized Deductions 2106 Employee Business Expenses 2106-EZ Unreimbursed Employee Business Expenses See How To Get Tax Help near the end of this publication for information about getting these publications and forms. 1040x amended form Prev  Up  Next   Home   More Online Publications