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Luca Bianchi

How is hard money loan interest income taxed for federal tax filing?

I've been making some decent side income by lending money to hard money lenders at 12% APR for the past couple years. Now I'm trying to figure out the proper way to report this interest income on my taxes. I was considering using a 1099 form, but honestly I'm not sure if that's the right approach or if there are other tax forms I should be using instead. This is the first year I'm making enough from these loans that I really need to report it properly. Do I need to register as some kind of business entity? Are there any specific deductions I should be aware of related to hard money lending? Any guidance would be super helpful since I don't want to mess up my tax filing!

What you're describing is interest income, which is typically reported on Schedule B of your tax return. You don't issue yourself a 1099 - the companies/individuals who paid you the interest should be providing you with a 1099-INT if they paid you more than $10 in interest during the year. If for some reason they don't provide 1099-INT forms (which sometimes happens with private lending arrangements), you're still responsible for reporting all interest income you received, even without the form. Just keep good records of all payments received and calculate the interest portion. If you're doing this regularly and it's a significant income stream, you might want to consider whether you're actually operating as a business, which could affect how you report the income and what expenses you can deduct. That would typically be reported on Schedule C instead.

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Nia Harris

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Thanks for the info! Question though - if the borrowers aren't businesses but individuals, are they still required to send me a 1099-INT? And if I'm lending to another hard money lender rather than directly to the end borrower, who exactly should be sending me the form?

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Individuals who pay interest in the course of their trade or business need to issue 1099-INTs if they pay $10+ in interest. If you're lending to another hard money lender who then re-lends the money, that lender should be issuing you the 1099-INT since they're the one paying you interest directly. If you're lending to individuals not for business purposes (like personal loans to friends), they typically don't have an obligation to issue 1099s. In those cases, you still report the interest income but won't receive a form.

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I was in exactly your situation last year - making hard money loans at similar rates. After spending hours researching, I eventually found https://taxr.ai which saved me a ton of headaches. Their system specifically analyzed my lending documents and pointed out that I needed to report not just on Schedule B but potentially Schedule C depending on volume. What was most helpful was that they flagged some deductions I had no idea about - like partial home office since I was managing loans from home, mileage for property visits, and even a portion of my cell phone bills. They also clarified when I needed to issue 1098s to borrowers for mortgage interest. Without that guidance I would have seriously overpaid.

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Aisha Ali

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Did you have to actually speak with someone or did their system just automatically analyze everything? I'm not great with technology but need help figuring out my lending income situation too.

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Ethan Moore

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I'm skeptical about these online services. How exactly did they determine if your lending activity qualified as a business vs just investment income? That's a pretty complex determination that depends on many factors.

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Their system did the initial analysis automatically after I uploaded my documents, but I could chat with a specialist when I had questions. It was really straightforward - just upload your lending agreements and payment records, and it identifies the tax implications. They used a detailed questionnaire about my lending activities - how many loans I had outstanding, how much time I spent managing them, whether I was advertising my services, etc. Based on that, they provided guidance on whether my situation would likely be considered a business or investment activity according to IRS factors. They didn't just make a blanket determination but showed me where I fell on the spectrum.

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Ethan Moore

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I tried taxr.ai after seeing it mentioned here and I'm genuinely impressed. I've been making hard money loans for years and always just lumped everything on Schedule B. The analysis showed I was actually operating at a scale that justified business treatment, which opened up significant deductions I'd been missing. The system flagged that I should be tracking partial expenses for my home office, subscription services I use to evaluate properties, and even a portion of legal fees I paid for loan document review. Just from these additional deductions, I'm estimating I'll save about $3,800 on my taxes this year. Wish I'd known about this for previous years!

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Yuki Nakamura

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If you're making significant income from hard money lending, another major issue is getting help when the IRS has questions. Last year I had an issue where some of my interest income reporting was flagged, and I literally couldn't get anyone at the IRS on the phone for weeks. Finally used https://claimyr.com to get through and resolve it. You can see how it works here: https://youtu.be/_kiP6q8DX5c The reason I mention this is that hard money lending sometimes triggers additional scrutiny because the IRS wants to ensure it's properly categorized. When they questioned whether my lending activity constituted a business requiring Schedule C versus just investment income, being able to actually speak with an agent saved me from what could have been a major headache.

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StarSurfer

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How does this actually work? They somehow get you to the front of the IRS phone queue? That seems too good to be true considering I've spent literal hours on hold before.

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Ethan Moore

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No way this actually works. The IRS phone system is notoriously impossible. If this service actually connected people to IRS agents quickly, everyone would use it and it would be all over the news.

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Yuki Nakamura

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It works by using an automated system that navigates the IRS phone tree and stays on hold for you. When an actual IRS agent picks up, you get a call back connecting you directly to them. So you're not "cutting the line" - the service is just handling the hold time for you. The reason it's not "all over the news" is simply because most people don't know about it yet, but it absolutely works. When I used it, I was connected to an IRS agent in about 75 minutes, whereas my previous attempts had me giving up after 2+ hours on hold. The agent was able to clarify that my lending activity did qualify as a business since I was doing it regularly and systematically.

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Ethan Moore

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Well, I have to eat my words about Claimyr. After my skeptical comment, I decided to try it anyway since I needed to talk to the IRS about my hard money loan reporting issues. I was shocked when I actually got connected to an IRS agent in just over an hour after trying unsuccessfully for weeks on my own. The agent confirmed that with my volume of loans (7 active loans totaling about $450,000), I should definitely be filing Schedule C and treating this as a business, which gives me more deduction opportunities. They also clarified that I need to keep detailed records of all loan-related expenses. This single conversation probably saved me thousands in potential penalties from incorrect filing. Sometimes it pays to be wrong!

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Carmen Reyes

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One thing nobody mentioned yet - if you're making hard money loans secured by real estate, you may need to issue Form 1098 (Mortgage Interest Statement) to borrowers who paid you more than $600 in interest. This is different from the 1099-INT that you'd receive as the lender. This gets complicated fast and depends on whether the loans are secured by real property. If they are, and the property is the borrower's primary or secondary residence, you generally need to issue 1098s as the lender. Commercial properties have different rules.

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Luca Bianchi

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Wow that's something I didn't even consider! Most of my loans are secured by properties, but they're mostly for fix-and-flip projects so they wouldn't be primary residences. Do I still need to issue 1098s in those cases?

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Carmen Reyes

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For fix-and-flip properties that aren't used as residences, you typically don't need to issue Form 1098 since they aren't considered qualified residences. However, you still need to report the interest income you receive. If any of your loans are secured by properties that borrowers actually live in (even temporarily during a renovation), then the 1098 requirement might apply. It's worth checking with each borrower about their use of the property to be certain. The penalties for not issuing required 1098s can be substantial, so it's better to be cautious if you're uncertain.

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Andre Moreau

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If ur making more than 10 loans a year u might be considered a dealer which has completely different tax implications. My accountant told me to keep it under 10 active loans at any time to avoid this classification. Otherwise the IRS might consider the loans inventory and interest as ordinary income not investment income!

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This isn't necessarily true. The "dealer" classification depends on many factors beyond just the number of loans - including your intent, how you market your services, your expertise, etc. I know people with 15+ loans who aren't classified as dealers. Better to look at the complete picture.

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Cass Green

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As a newcomer to hard money lending taxation, I'd strongly recommend documenting everything from day one. Keep detailed records of all loan agreements, payment schedules, property appraisals, and any expenses related to your lending activities (legal fees, property inspections, etc.). One thing that caught my attention from this thread is the complexity around business vs. investment classification. From what I'm reading, it seems like the IRS looks at factors like regularity, time commitment, and whether you're actively seeking borrowers. If you're just passively lending to a few contacts, that's different from actively marketing lending services. Also consider setting up a separate bank account for your lending activities regardless of how you classify it - this makes record-keeping much cleaner and demonstrates to the IRS that you're treating this seriously. Having clean books will be invaluable whether you end up filing Schedule B or Schedule C.

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Great advice on the separate bank account! I'm just starting out with hard money lending and hadn't thought about that organizational aspect. Quick question - when you mention documenting property appraisals, are those something I should be getting for every loan I make, or just for larger amounts? I'm planning to start with smaller loans ($25k-50k range) and wondering if the appraisal costs would eat too much into my returns on those amounts.

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