What's the correct code section for amortization of finance costs on Form 4562?
I'm filling out Form 4562 for my business partnership and I'm stuck on the amortization section. There's a field asking for the "code section" for what you're amortizing, but I can't figure out what to put for the amortization of partnership finance costs. I've been looking at Section 461(g) about prepaid interest, but that seems to only apply to cash basis taxpayers, and we're on accrual. I've been through the instructions like three times and they're not super clear on this specific situation. Has anyone dealt with this before? What code section should I be using for partnership finance costs on the amortization section of Form 4562? Really appreciate any help before I submit this thing!
20 comments


Ethan Davis
The code section you're looking for is likely Section 709. This section specifically deals with organization and syndication costs for partnerships, which would include finance costs. When you're filling out Form 4562's amortization section, Section 709 is appropriate for partnership organization and startup costs. These are typically amortized over 180 months (15 years). Section 461(g) is indeed primarily for cash basis taxpayers dealing with prepaid interest, so your instinct there was good. Since you mentioned you're on accrual basis, that wouldn't be the correct code to use. Make sure you're also looking at the amortization start date - this should be the month the expense was incurred. The amortizable amount would be the total finance costs that you're spreading out over that 15-year period.
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Aisha Abdullah
•Thanks for the info! So just to be clear, these are loan costs for a property acquisition (like loan origination fees, etc.), not organization or startup costs. Would Section 709 still apply in that case? I wasn't sure if financing costs for a specific property acquisition would fall under the same category.
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Ethan Davis
•Ah, that changes things! For loan costs related to property acquisition rather than organizational costs, you should use Section 167. These costs are typically amortized over the life of the loan. For property acquisition loan costs, the amortization period would match the term of the loan itself, not the standard 15-year period used for organizational costs. Make sure you properly document the loan term and start date when filling out Form 4562.
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Yuki Tanaka
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MidnightRider
•I'm skeptical about these AI tools for tax stuff. How accurate is it really? Last thing I need is to get audited because some algorithm gave me the wrong code section. Does it cite actual IRS references or just make best guesses?
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Yuki Tanaka
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MidnightRider
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Andre Laurent
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Zoe Papadopoulos
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Jamal Washington
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Mei Wong
I'm pretty sure for loan acquisition costs, you'd use IRC Section 163. That's what my CPA used last year for our partnership's real estate loan origination fees and closing costs. Specifically, the costs get amortized over the life of the loan, not the standard 15-year period that applies to organization costs. So if you have a 30-year mortgage, those costs would be spread over 360 months on your 4562.
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Aisha Abdullah
•This is super helpful, thanks! Do you happen to know if there's any difference in the code section if the loan was refinanced rather than a new acquisition? Our situation involves refinancing an existing property with new loan costs.
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Mei Wong
•For refinancing, you still use Section 163, but there are some specific rules to follow. The remaining unamortized balance of the original loan costs gets added to the new refinancing costs, and then the combined amount is amortized over the term of the new loan. Make sure you don't double-count any of the original loan costs that haven't been fully amortized yet. Instead, you'll essentially "reset" the amortization schedule with the combined amount (remaining old costs + new refinancing costs) over the new loan term.
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Liam Fitzgerald
Isn't this covered under Section 195 for startup expenditures? That's what I've used in the past when filling out the 4562 for similar costs.
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Ethan Davis
•Section 195 only applies to startup costs before you're actively in business. For established partnerships dealing with loan costs for property acquisition, Section 163 is generally more appropriate since these are considered business interest expenses.
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Elijah O'Reilly
Based on the discussion here, it sounds like Section 163 is the right approach for your loan acquisition costs. I went through something similar last year with our partnership's commercial property financing. One thing to double-check though - make sure you're distinguishing between different types of loan costs. Some costs like appraisal fees or environmental assessments might need to be capitalized into the property basis rather than amortized separately. The true financing costs (origination fees, points, etc.) are what go on the 4562 under Section 163. Also, just as a heads up, if any of those loan costs were paid by the seller on your behalf, those typically get added to your property basis instead of being amortized as financing costs. The IRS can be pretty specific about how these different costs are treated, so it's worth reviewing exactly what's included in your total. Good luck with the filing! The 4562 can be tricky but once you get the right code section it's much more straightforward.
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Sean O'Donnell
•This is really helpful clarification! I hadn't thought about the distinction between different types of loan costs. In our case, we have origination fees, points, and some legal fees that were directly related to securing the financing. But we also had an appraisal and environmental assessment that you mentioned. So just to make sure I understand - the origination fees and points would go on Form 4562 under Section 163 and be amortized over the loan term, but the appraisal and environmental costs would be added to the property's basis instead? That makes sense from an accounting perspective since those costs are more about the property itself rather than the financing. Thanks for pointing that out - I was planning to lump everything together which could have been a mistake!
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