Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 10 years ago,

User Stats

96
Posts
33
Votes
Paul C.
  • Rental Property Investor
  • Henderson, NV
33
Votes |
96
Posts

Investment Interest or Passive Interest?

Paul C.
  • Rental Property Investor
  • Henderson, NV
Posted

If I take out a loan to fund an investment in a notes fund, is the interest paid on the loan "investment interest" that goes on Schedule A or "passive interest" that goes on Schedule E?

I found the following in "The CPA Journal":

IRC section 163(d)(3)(A) defines investment interest as interest that is paid or accrued on indebtedness properly allocable  to property held for investment. It does not include qualified residence  interest or interest incurred in connection with a passive activity. Property  held for investment is any property that produces portfolio income such as  interest, dividends, annuities, or royalties not derived in the ordinary course  of a trade or business. It also includes an interest held by a taxpayer in a  trade or business that is not a passive activity and in which the taxpayer does  not materially participate.


Based on the above, I think the interest would be classified as Investment Interest and go on Schedule A since the notes fund produces interest income.  However, the part that's confusing me is where it says, "Property held for investment is any property that produces portfolio income such as interest...NOT derived in the ordinary course of a trade or business."

Is the notes fund deriving interest in the ordinary course of a business?

Perhaps tax experts like @Amanda Han  or @Steven Hamilton II  could chime in.

Thanks in advance!

Loading replies...