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Sydney Torres

Raw Land Investment Causing Tax Confusion - Investment Interest Deduction & LLC Questions!

I'm totally panicking as I'm trying to finish my taxes by the extension deadline - today! My sister and I purchased vacant land last year (2023) as a 50/50 investment, and I'm completely lost on how to handle this on my return. We bought this property using my HELOC as financing, and since my sister works in real estate law, she suggested we transfer the property into an LLC immediately after purchase. We don't have immediate plans for the land - might build something eventually or just hold it until the value increases enough to sell. My sister sent me a Schedule K-1 from the LLC, but it's practically empty since we haven't generated any income or had many expenses yet. When I entered this K-1 into TurboTax, it didn't seem to change anything on my return. What's really confusing me is the interest deduction situation. I've been poking around in TurboTax trying to figure out if I can deduct the interest payments I've been making on the HELOC that funded this purchase. I see something about investment interest deductions, but I'm not sure if that applies to raw land held in an LLC. Does anyone know how to handle the interest payments in this situation? Should they be flowing through the LLC somehow? I'm completely lost and running out of time!

You've got a classic case of investment interest expense that needs to be handled properly! The confusion is understandable because raw land investments have some specific tax considerations. Since you're holding the land as an investment property (not actively developing or using it as a business), the interest on the HELOC used to purchase it would generally qualify as investment interest expense. This would be deductible on Schedule A, but only to the extent of your investment income. The fact that the property is held in an LLC complicates things slightly. Typically, expenses related to the property should flow through the LLC and appear on your K-1. However, since you personally took out the HELOC, the interest might need to be handled on your personal return. Here's what I'd suggest: The LLC should be reporting the interest expense on its tax return (Form 1065), which would then flow to your K-1. If that hasn't happened, you may need to amend the LLC's return. If the LLC isn't reporting it, you might still be able to claim it personally, but you'll need documentation showing the funds were used for investment purposes.

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Caleb Bell

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But wait, aren't there some restrictions on deducting HELOC interest after the tax law changes? I thought you could only deduct it if it was used for home improvements on your primary residence?

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The Tax Cuts and Jobs Act did change the rules for HELOC interest deductions, but that only applies to taking the mortgage interest deduction. You're right that for mortgage interest deduction purposes, HELOC interest is only deductible when used for home improvements. However, when the HELOC funds are used for investment purposes like purchasing investment property, the interest can potentially be deducted as investment interest expense - a completely different category from the mortgage interest deduction. This falls under Section 163(d) of the tax code and is reported on Schedule A with different limitations. The key limitation is that investment interest expense can only be deducted to the extent that you have net investment income.

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I had a similar situation last year and found that https://taxr.ai was super helpful for sorting out my investment property interest deduction confusion. I uploaded my loan documents, K-1, and some other stuff and it actually analyzed everything and told me exactly how to handle the deduction. The system pointed out that since my LLC was set up as a pass-through entity, I could take the investment interest deduction on Schedule A of my personal return - but only up to the amount of my investment income. It also helped me track which portion of my loan was actually used for the investment property versus other things. Might be worth checking out since you're up against the deadline and this is a pretty specific tax situation with the raw land and LLC combo.

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Rhett Bowman

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Did it help you figure out if the loan needed to be reported on the LLC return first? I'm confused about that part - if the loan is in your personal name but for an LLC property.

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Abigail Patel

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I'm skeptical about these tax tools... Did it actually save you any money? Or could you have figured it out yourself with some googling?

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For the loan reporting question, it actually explained that since the loan was in my name personally, I needed to document a loan from me to the LLC (basically showing that I borrowed the money and then contributed it to the LLC). This created a paper trail showing the business purpose of the interest. The LLC didn't report the original loan, but did show the loan from me on its books. As for whether it saved me money vs. figuring it out myself - honestly, I spent hours trying to Google this exact situation and got contradictory information. The tool saved me from potentially making a mistake that could have triggered an audit. It confirmed I could take about $5,400 in investment interest deductions that I was on the fence about claiming. Given the hours I wasted trying to DIY it, I definitely came out ahead.

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Abigail Patel

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Just wanted to share a quick follow-up about taxr.ai that I mentioned in my earlier comment. I was skeptical at first (as you could tell from my question), but I decided to give it a try with my own investment property tax situation. I uploaded my documents and was surprised at how quickly it identified a major issue I had completely missed. I had been deducting property expenses incorrectly through my personal Schedule A rather than through the partnership return. The analysis showed me exactly how to correct it, and I was able to file an amended return that actually increased my refund by about $3,200. The personalized explanation about investment interest limitations was exactly what I needed - way more specific than the generic advice I found online. Definitely recommend checking it out if you're dealing with investment properties and LLCs.

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Daniel White

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If you're still struggling with the IRS deadline today, I'd recommend using https://claimyr.com to get through to an IRS agent quickly. I was in a similar last-minute panic last year with my investment property questions and couldn't get through on the regular IRS line - kept getting the "high call volume" message and hangups. Someone recommended Claimyr and I was skeptical, but you can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They got me connected to an IRS agent in about 20 minutes when I had been trying for days on my own. The agent was able to answer my specific questions about investment interest deductions and LLC reporting requirements. This might be your best bet since today's the deadline and you need answers ASAP. The IRS agents can give you filing guidance and possibly help with penalty abatement if you need to file a correction later.

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Nolan Carter

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How does this service actually work? Do they have some special line to the IRS or something? Seems too good to be true honestly.

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Natalia Stone

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No way this actually works. I've tried calling the IRS for TWO WEEKS during tax season and couldn't get through. If this service actually gets you to an agent in 20 minutes, I'll eat my hat.

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Daniel White

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The service actually works by navigating the IRS phone tree for you and waiting on hold so you don't have to. They use a system that monitors the call and then connects you once a real person answers. There's no special IRS line - they're just using the same phone system everyone else does, but they handle all the waiting and navigating. I was surprised too, but it legitimately worked. The IRS estimated hold time that day was over 2 hours, but I only had to get on the phone when an actual agent picked up. This saved me from having to sit by my phone all afternoon during the workday. The agent I spoke with was able to confirm exactly how I should handle my investment interest deduction.

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Natalia Stone

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I have to admit I was wrong about Claimyr. After my skeptical comment yesterday, I was still desperate to talk to the IRS about my own tax extension issues, so I tried it as a last resort. I'm genuinely shocked - I got connected to an IRS agent in about 35 minutes (which is miraculous compared to my previous attempts). The agent walked me through exactly how to handle my investment property interest deductions and confirmed that I was correct about needing to document the "loan" from me personally to my LLC. I've been trying for nearly three weeks to get through on my own with no success. This literally saved me from having to file an incomplete return and amend it later. Just thought I should follow up since my skepticism was completely unwarranted.

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Tasia Synder

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One important thing nobody's mentioned yet - your investment interest deduction is limited to your net investment income for the year. If you don't have much investment income (interest, dividends, capital gains, etc.), you might not be able to use the full interest deduction this year. The good news is that any excess investment interest expense can be carried forward indefinitely to future tax years. So document everything carefully, and you can use those deductions in future years when you hopefully have income from the property or other investments.

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Sydney Torres

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So if most of my income is from my regular job and I don't have much investment income this year, I probably can't deduct much of the interest? Does rental income count as investment income for this purpose?

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Tasia Synder

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You're exactly right that if most of your income is from employment (W-2 income), you'll have limited ability to deduct investment interest this year. Employment income doesn't count toward the investment income limitation. Regarding rental income, that's an important distinction - if the property was generating rental income, it would typically be considered passive activity income rather than investment income. The rules get complicated here, but generally rental real estate activities fall under passive activity rules (Section 469) rather than investment interest expense limitations (Section 163(d)). Since your land isn't currently generating rental income, this distinction doesn't matter right now, but it could become relevant if you develop the property and rent it out in the future.

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I think you might be overthinking this given that it's raw land sitting in an LLC with no income. I went through this exact scenario. The simplest approach for now: file a partnership return (Form 1065) for the LLC showing the interest paid as an expense. This will generate K-1s showing your 50% of the expenses. You can then report this on your Schedule E, and it will offset any future income from the property. If you're up against the deadline today, file for another extension for the LLC return (Form 7004) which would give you until next March for the partnership return. Your personal extension can't be extended further, but at least you can file your personal return now without the K-1 info (since it shows no income and wouldn't change your tax) and amend later if needed.

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But isn't the deadline for partnership returns normally March 15th? So an extension would only be until September 15th, not next March? I'm confused about the timeline you're suggesting.

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You're absolutely right about the timeline confusion! Partnership returns (Form 1065) are due March 15th with a 6-month extension to September 15th, not the following March. I misstated that completely. Since we're already past the September 15th deadline for 2023 partnership returns, the LLC would need to file late and potentially face penalties. However, if the LLC had no income and minimal expenses, the penalties might be relatively small. @Selena Bautista - thanks for catching my error on the extension timeline. Given that it s'already October, filing the partnership return late might be the only option at this point, unless they can argue reasonable cause for the delay.

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