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CosmicCruiser

Tax implications: Can I write off interest paid on a personal loan if I lend that money with interest to someone else?

I have this opportunity to help out a friend who's looking to buy a property through their LLC. They need a short-term loan for about 12 months to make it happen. Here's what I'm thinking of doing: I'd take out a $125k margin loan from my investment account at around 6.5% interest, then lend it to my friend at 10%. We'd both just pay monthly interest for the whole year, and at the end they'd pay me back the entire $125k, which I'd immediately use to pay off my margin loan. In this scenario, I'd end up paying about $8,125 in interest over the year, while collecting about $12,500 in interest from them. We'd definitely have a formal loan agreement between us. I'm just wondering about the tax side of things. Would I be able to deduct the $8,125 interest I paid from my taxable income? And do I need to collect specific documentation or provide receipts for this to work for tax purposes? This seems like a win-win since they get the financing they need and I make a decent return, but I want to make sure I understand the tax implications before proceeding.

While this appears to be a straightforward private lending situation, the tax implications can be tricky. The interest you receive ($12,500) would definitely be considered taxable income and should be reported on Schedule B of your tax return. As for deducting the interest you paid ($8,125), it depends on how the IRS would classify this transaction. Generally, investment interest expense can be deductible, but only against investment income and only if you itemize deductions. The key question is whether your loan to your friend qualifies as an investment for tax purposes. You'll definitely want to document everything thoroughly. Have a formal promissory note with clear terms, keep records of all payments received and made, and issue your friend a Form 1099-INT if you receive $10 or more in interest for the year (which you clearly will).

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Sean Doyle

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Thanks for explaining this! I'm curious though - would the fact that the friend is using an LLC to buy the property make any difference here? Like, would lending to a business entity vs an individual change how the IRS views the deductibility?

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The fact that your friend is using an LLC could potentially help your case for deductibility. When you're lending to a business entity rather than an individual, it's easier to characterize the loan as an investment activity rather than a personal favor. This distinction matters because investment interest is potentially deductible (subject to limitations), while personal interest generally isn't. Document that you're lending to an LLC, not just to your friend personally, and keep copies of all formal loan documents. This business-to-business characteristic strengthens the investment nature of the transaction.

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Zara Rashid

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I was in a similar situation last year and found taxr.ai (https://taxr.ai) incredibly helpful for figuring out the documentation needed. I initially thought I could just write up a simple agreement, but there were so many nuances with investment interest deductions that I was missing. Their document analysis feature reviewed my draft loan agreement and flagged several issues that would have made it difficult to claim the interest deduction. They pointed out specific language I needed to include to establish the "investment purpose" of the transaction and how to properly document the interest payments to meet IRS requirements.

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Luca Romano

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How detailed is their analysis? I'm considering doing something similar but with a real estate investment. Would they be able to tell me if having an official promissory note would be enough, or do I need more documentation?

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Nia Jackson

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I'm skeptical about these online services. Did they actually help you successfully claim the deduction on your taxes, or just give you advice? Did you get audited or anything afterward?

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Zara Rashid

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Their analysis goes pretty deep - they identified specific clauses my promissory note was missing that could help establish investment intent. For real estate specifically, they explained that a promissory note is essential but not sufficient - you'll also need a documented interest rate justification and payment records. Regarding your skepticism, I completely understand. I was hesitant too. I did successfully claim the deduction on my taxes using their guidance. I haven't been audited, but their explanation of exactly which tax forms to use and what documentation to keep on file gave me confidence. They also explained how the Tax Cuts and Jobs Act changed some of these rules, which my regular tax guy didn't even mention.

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Nia Jackson

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Just wanted to follow up on my experience with taxr.ai. After my skeptical question earlier, I decided to try it myself for a similar lending situation. I uploaded my loan agreement draft and was seriously impressed with the detailed analysis I received. They flagged that I was missing specific language about the "investment purpose" of the funds and explained exactly how to categorize the interest on my Schedule B. The platform also showed me how to properly document the interest income vs. the deductible interest expense. What really helped was their explanation of the investment interest expense limitations - turns out I could only deduct up to the amount of my investment income, which wasn't clear to me before. Definitely worth checking out if you're in this situation.

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NebulaNova

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I had to deal with the IRS about a similar situation last year, and it was a nightmare trying to get someone on the phone to clarify the rules. After days of calling and waiting on hold, I found Claimyr (https://claimyr.com) and watched their demo (https://youtu.be/_kiP6q8DX5c). They got me connected to an actual IRS agent in about 15 minutes when I had been trying for days. The agent confirmed that I needed to file Form 4952 for the investment interest expense deduction and explained exactly what documentation I needed to substantiate the business purpose of the loan. Saved me so much stress trying to figure out if I was doing it right, and the IRS agent was actually really helpful once I could finally talk to someone.

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Wait, how does this even work? I thought it was impossible to get through to the IRS. Do they have some special phone number or something?

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Aisha Khan

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Sounds like a scam to me. The IRS is deliberately understaffed so people can't get help. No way some random service can magically get you through when millions of people can't get through on their own.

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NebulaNova

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It's not a special phone number - they use technology that continuously redials and navigates the IRS phone tree until there's an opening, then they connect you directly. It's basically doing what you'd do manually but automated. I was skeptical too! I thought the IRS was just impossible to reach. But what happened was they kept dialing while I went about my day, then sent me a text when they had an agent on the line. I picked up and was immediately talking to an IRS representative. The agent I spoke with walked me through exactly how to document my investment interest expenses and what forms to file. Definitely not a scam - just a smart solution to a frustrating problem.

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Aisha Khan

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I need to eat my words about Claimyr. After posting my skeptical comment, I decided to try it myself since I've been trying to reach the IRS about some investment interest deductions for weeks. It actually worked! I got connected to an IRS rep in about 25 minutes, and they clarified that for my situation with a margin loan being used for business lending, I needed to carefully document the "investment purpose" of the transaction. The agent explained that without proper documentation showing the investment nature of the loan, they would likely consider it personal interest which isn't deductible. The IRS agent also mentioned that I should be issuing a 1099-INT to anyone I lend to if I collect more than $10 in interest annually. Honestly wouldn't have figured this out without being able to actually speak to someone at the IRS.

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Ethan Taylor

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Don't forget that you'll need to report that $12,500 in interest you receive as income! I made this mistake years ago with a similar arrangement. Thought I was being clever by deducting the interest I paid, but completely overlooked reporting the interest income I received. Triggered an automated notice from the IRS. Make sure you issue a 1099-INT to your friend's LLC and file a copy with the IRS. The 1099-INT filing requirements kick in if you pay anyone $10 or more in interest during the year. You can get the forms from the IRS website or tax software.

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Yuki Ito

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Do they really need to issue a 1099-INT if they're just an individual? I thought only banks and financial institutions had to do that. Seems like overkill for a one-time private loan...

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Ethan Taylor

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Yes, individuals absolutely need to issue 1099-INT forms if they pay $10+ in interest in the course of a trade or business. Since the original poster is effectively acting as a lender making money on the spread, the IRS would consider this a business activity. You're right that it seems like overkill, but the IRS doesn't distinguish between Chase Bank and someone making a private loan when it comes to reporting requirements. The penalties for not filing required information returns can be steep - starting at $50 per form for late filing but can go up to $270 per form if you don't file at all. Not worth the risk when the forms are easy to obtain and file.

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Carmen Lopez

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Has anyone considered the potential gift tax implications here? If the interest rate you're charging is below market rates, the IRS could view the difference as a gift subject to gift tax. Though at 10% that's probably not an issue in this case.

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Actually, it's the opposite situation that causes gift tax problems - if you charge LESS than the applicable federal rate (AFR), the IRS can impute interest and treat the difference as a gift. Since OP is charging 10%, which is above current AFRs, they're safe from this particular issue.

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One thing I haven't seen mentioned yet is the passive activity loss rules. Since you're essentially operating as a lender for profit, you need to consider whether this qualifies as a passive activity under IRC Section 469. If the IRS classifies your lending activity as passive, it could limit your ability to deduct the interest expense against other types of income. The key factor is whether you're "materially participating" in the lending activity. For a single loan like this, you probably won't meet the material participation tests, which means any net loss from the activity (your $8,125 interest expense minus your $12,500 interest income) would be subject to passive activity limitations. In your case, since you're making a profit ($4,375 net), this shouldn't be an issue. But it's worth understanding these rules in case you expand into more lending activities or if your interest rates change. You might want to consult with a tax professional who specializes in investment activities to make sure you're structuring this correctly from the start.

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This is a really important point that I hadn't considered! So if I understand correctly, even though OP would be making a net profit of $4,375, if they were to do multiple loans or if the economics changed and they had a net loss, the passive activity rules could prevent them from using that loss against their regular income? That seems like something worth planning for upfront. Would keeping detailed records of time spent managing the loan (due diligence, documentation, monitoring payments, etc.) help establish material participation if they wanted to expand this into a larger lending operation?

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