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Free State Tax Return Efile

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Free State Tax Return Efile

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American Job Center Resources APIs
American Job Center partners with O'Net to provide a variety of APIs that are useful for jobseekers.
Style: RESTful APIs
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BusinessUSA Resource Access API
BusinessUSA connects businesses to government services and information. The API provides access to resource abstracts including programs, services, data, events, and more.
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Citizen Topics API
This API lists the topics that we use to organize content on USA.gov. You can access it via the /tags call to the Social Media Registry.
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DigitalGov Search API (formerly USASearch)
Provides DigitalGov Search customers with results. This API is only available for use on official government websites. Sign in is required.
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Federal Agency Directory API
This API contains directory information about federal agencies, such as contact methods, in English and Spanish.
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Go.USA.gov API
Go.USA.gov is a URL shortener for government employees. The API can shorten, preview, and show clicks on short URLs.
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Government Jobs API
This API returns job openings across the federal government and includes all current openings posted on USAJobs.gov that are open to the public and located in the United States. It also includes some state and local government jobs.
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MyUSA APIs
Project MyUSA re-imagines how citizens interact with government. Use the MyUSA API to build apps that integrate with MyUSA.
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Product Recall Data API
This API returns food recalls from FoodSafety.gov, car recalls from the National Highway Traffic Safety Administration, and product safety recalls from the Consumer Product Safety Commission.
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Social Media Registry API
The Social Media Registry is an official source of information about federal government social media accounts.
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Data Feeds

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1.USA.gov URLs are created whenever anyone shortens a .gov or .mil URL using bitly.
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Frequently Asked Questions XML
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List of Non-.gov URLs in Our Search
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The Free State Tax Return Efile

Free state tax return efile 4. Free state tax return efile   Interest Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Allocation of InterestOrder of funds spent. Free state tax return efile Payments from checking accounts. Free state tax return efile Amounts paid within 30 days. Free state tax return efile Optional method for determining date of reallocation. Free state tax return efile Interest on a segregated account. Free state tax return efile How to report. Free state tax return efile Interest You Can DeductStatement. Free state tax return efile Expenses paid to obtain a mortgage. Free state tax return efile Prepayment penalty. Free state tax return efile De minimis OID. Free state tax return efile Constant-yield method. Free state tax return efile Loan or mortgage ends. Free state tax return efile Interest You Cannot DeductPenalties. Free state tax return efile Who is a key person? Exceptions for pre-June 1997 contracts. Free state tax return efile Interest allocated to unborrowed policy cash value. Free state tax return efile Capitalization of Interest When To Deduct InterestPrepaid interest. Free state tax return efile Discounted loan. Free state tax return efile Refunds of interest. Free state tax return efile Prepaid interest. Free state tax return efile Discounted loan. Free state tax return efile Tax deficiency. Free state tax return efile Related person. Free state tax return efile Below-Market LoansLimit on forgone interest for gift loans of $100,000 or less. Free state tax return efile Introduction This chapter discusses the tax treatment of business interest expense. Free state tax return efile Business interest expense is an amount charged for the use of money you borrowed for business activities. Free state tax return efile Topics - This chapter discusses: Allocation of interest Interest you can deduct Interest you cannot deduct Capitalization of interest When to deduct interest Below-market loans Useful Items - You may want to see: Publication 537 Installment Sales 550 Investment Income and Expenses 936 Home Mortgage Interest Deduction Form (and Instructions) Sch A (Form 1040) Itemized Deductions Sch E (Form 1040) Supplemental Income and Loss Sch K-1 (Form 1065) Partner's Share of Income, Deductions, Credits, etc. Free state tax return efile Sch K-1 (Form 1120S) Shareholder's Share of Income, Deductions, Credits, etc. Free state tax return efile 1098 Mortgage Interest Statement 3115 Application for Change in Accounting Method 4952 Investment Interest Expense Deduction 8582 Passive Activity Loss Limitations See chapter 12 for information about getting publications and forms. Free state tax return efile Allocation of Interest The rules for deducting interest vary, depending on whether the loan proceeds are used for business, personal, or investment activities. Free state tax return efile If you use the proceeds of a loan for more than one type of expense, you must allocate the interest based on the use of the loan's proceeds. Free state tax return efile Allocate your interest expense to the following categories. Free state tax return efile Nonpassive trade or business activity interest Passive trade or business activity interest Investment interest Portfolio interest Personal interest In general, you allocate interest on a loan the same way you allocate the loan proceeds. Free state tax return efile You allocate loan proceeds by tracing disbursements to specific uses. Free state tax return efile The easiest way to trace disbursements to specific uses is to keep the proceeds of a particular loan separate from any other funds. Free state tax return efile Secured loan. Free state tax return efile   The allocation of loan proceeds and the related interest is not generally affected by the use of property that secures the loan. Free state tax return efile Example. Free state tax return efile You secure a loan with property used in your business. Free state tax return efile You use the loan proceeds to buy an automobile for personal use. Free state tax return efile You must allocate interest expense on the loan to personal use (purchase of the automobile) even though the loan is secured by business property. Free state tax return efile    If the property that secures the loan is your home, you generally do not allocate the loan proceeds or the related interest. Free state tax return efile The interest is usually deductible as qualified home mortgage interest, regardless of how the loan proceeds are used. Free state tax return efile For more information, see Publication 936. Free state tax return efile Allocation period. Free state tax return efile   The period for which a loan is allocated to a particular use begins on the date the proceeds are used and ends on the earlier of the following dates. Free state tax return efile The date the loan is repaid. Free state tax return efile The date the loan is reallocated to another use. Free state tax return efile Proceeds not disbursed to borrower. Free state tax return efile   Even if the lender disburses the loan proceeds to a third party, the allocation of the loan is still based on your use of the funds. Free state tax return efile This applies whether you pay for property, services, or anything else by incurring a loan, or you take property subject to a debt. Free state tax return efile Proceeds deposited in borrower's account. Free state tax return efile   Treat loan proceeds deposited in an account as property held for investment. Free state tax return efile It does not matter whether the account pays interest. Free state tax return efile Any interest you pay on the loan is investment interest expense. Free state tax return efile If you withdraw the proceeds of the loan, you must reallocate the loan based on the use of the funds. Free state tax return efile Example. Free state tax return efile Celina, a calendar-year taxpayer, borrows $100,000 on January 4 and immediately uses the proceeds to open a checking account. Free state tax return efile No other amounts are deposited in the account during the year and no part of the loan principal is repaid during the year. Free state tax return efile On April 2, Celina uses $20,000 from the checking account for a passive activity expenditure. Free state tax return efile On September 4, Celina uses an additional $40,000 from the account for personal purposes. Free state tax return efile Under the interest allocation rules, the entire $100,000 loan is treated as property held for investment for the period from January 4 through April 1. Free state tax return efile From April 2 through September 3, Celina must treat $20,000 of the loan as used in the passive activity and $80,000 of the loan as property held for investment. Free state tax return efile From September 4 through December 31, she must treat $40,000 of the loan as used for personal purposes, $20,000 as used in the passive activity, and $40,000 as property held for investment. Free state tax return efile Order of funds spent. Free state tax return efile   Generally, you treat loan proceeds deposited in an account as used (spent) before either of the following amounts. Free state tax return efile Any unborrowed amounts held in the same account. Free state tax return efile Any amounts deposited after these loan proceeds. Free state tax return efile Example. Free state tax return efile On January 9, Olena opened a checking account, depositing $500 of the proceeds of Loan A and $1,000 of unborrowed funds. Free state tax return efile The following table shows the transactions in her account during the tax year. Free state tax return efile Date Transaction January 9 $500 proceeds of Loan A and $1,000 unborrowed funds deposited January 14 $500 proceeds of Loan B  deposited February 19 $800 used for personal purposes February 27 $700 used for passive activity June 19 $1,000 proceeds of Loan C  deposited November 20 $800 used for an investment December 18 $600 used for personal purposes Olena treats the $800 used for personal purposes as made from the $500 proceeds of Loan A and $300 of the proceeds of Loan B. Free state tax return efile She treats the $700 used for a passive activity as made from the remaining $200 proceeds of Loan B and $500 of unborrowed funds. Free state tax return efile She treats the $800 used for an investment as made entirely from the proceeds of Loan C. Free state tax return efile She treats the $600 used for personal purposes as made from the remaining $200 proceeds of Loan C and $400 of unborrowed funds. Free state tax return efile For the periods during which loan proceeds are held in the account, Olena treats them as property held for investment. Free state tax return efile Payments from checking accounts. Free state tax return efile   Generally, you treat a payment from a checking or similar account as made at the time the check is written if you mail or deliver it to the payee within a reasonable period after you write it. Free state tax return efile You can treat checks written on the same day as written in any order. Free state tax return efile Amounts paid within 30 days. Free state tax return efile   If you receive loan proceeds in cash or if the loan proceeds are deposited in an account, you can treat any payment (up to the amount of the proceeds) made from any account you own, or from cash, as made from those proceeds. Free state tax return efile This applies to any payment made within 30 days before or after the proceeds are received in cash or deposited in your account. Free state tax return efile   If the loan proceeds are deposited in an account, you can apply this rule even if the rules stated earlier under Order of funds spent would otherwise require you to treat the proceeds as used for other purposes. Free state tax return efile If you apply this rule to any payments, disregard those payments (and the proceeds from which they are made) when applying the rules stated under Order of funds spent. Free state tax return efile   If you received the loan proceeds in cash, you can treat the payment as made on the date you received the cash instead of the date you actually made the payment. Free state tax return efile Example. Free state tax return efile Giovanni gets a loan of $1,000 on August 4 and receives the proceeds in cash. Free state tax return efile Giovanni deposits $1,500 in an account on August 18 and on August 28 writes a check on the account for a passive activity expense. Free state tax return efile Also, Giovanni deposits his paycheck, deposits other loan proceeds, and pays his bills during the same period. Free state tax return efile Regardless of these other transactions, Giovanni can treat $1,000 of the deposit he made on August 18 as being paid on August 4 from the loan proceeds. Free state tax return efile In addition, Giovanni can treat the passive activity expense he paid on August 28 as made from the $1,000 loan proceeds treated as deposited in the account. Free state tax return efile Optional method for determining date of reallocation. Free state tax return efile   You can use the following method to determine the date loan proceeds are reallocated to another use. Free state tax return efile You can treat all payments from loan proceeds in the account during any month as taking place on the later of the following dates. Free state tax return efile The first day of that month. Free state tax return efile The date the loan proceeds are deposited in the account. Free state tax return efile However, you can use this optional method only if you treat all payments from the account during the same calendar month in the same way. Free state tax return efile Interest on a segregated account. Free state tax return efile   If you have an account that contains only loan proceeds and interest earned on the account, you can treat any payment from that account as being made first from the interest. Free state tax return efile When the interest earned is used up, any remaining payments are from loan proceeds. Free state tax return efile Example. Free state tax return efile You borrowed $20,000 and used the proceeds of this loan to open a new savings account. Free state tax return efile When the account had earned interest of $867, you withdrew $20,000 for personal purposes. Free state tax return efile You can treat the withdrawal as coming first from the interest earned on the account, $867, and then from the loan proceeds, $19,133 ($20,000 − $867). Free state tax return efile All the interest charged on the loan from the time it was deposited in the account until the time of the withdrawal is investment interest expense. Free state tax return efile The interest charged on the part of the proceeds used for personal purposes ($19,133) from the time you withdrew it until you either repay it or reallocate it to another use is personal interest expense. Free state tax return efile The interest charged on the loan proceeds you left in the account ($867) continues to be investment interest expense until you either repay it or reallocate it to another use. Free state tax return efile Loan repayment. Free state tax return efile   When you repay any part of a loan allocated to more than one use, treat it as being repaid in the following order. Free state tax return efile Personal use. Free state tax return efile Investments and passive activities (other than those included in (3)). Free state tax return efile Passive activities in connection with a rental real estate activity in which you actively participate. Free state tax return efile Former passive activities. Free state tax return efile Trade or business use and expenses for certain low-income housing projects. Free state tax return efile Line of credit (continuous borrowings). Free state tax return efile   The following rules apply if you have a line of credit or similar arrangement. Free state tax return efile Treat all borrowed funds on which interest accrues at the same fixed or variable rate as a single loan. Free state tax return efile Treat borrowed funds or parts of borrowed funds on which interest accrues at different fixed or variable rates as different loans. Free state tax return efile Treat these loans as repaid in the order shown on the loan agreement. Free state tax return efile Loan refinancing. Free state tax return efile   Allocate the replacement loan to the same uses to which the repaid loan was allocated. Free state tax return efile Make the allocation only to the extent you use the proceeds of the new loan to repay any part of the original loan. Free state tax return efile Debt-financed distribution. Free state tax return efile   A debt-financed distribution occurs when a partnership or S corporation borrows funds and allocates those funds to distributions made to partners or shareholders. Free state tax return efile The manner in which you report the interest expense associated with the distributed debt proceeds depends on your use of those proceeds. Free state tax return efile How to report. Free state tax return efile   If the proceeds were used in a nonpassive trade or business activity, report the interest on Schedule E (Form 1040), line 28; enter “interest expense” and the name of the partnership or S corporation in column (a) and the amount in column (h). Free state tax return efile If the proceeds were used in a passive activity, follow the Instructions for Form 8582, Passive Activity Loss Limitations, to determine the amount of interest expense that can be reported on Schedule E (Form 1040), line 28; enter “interest expense” and the name of the partnership in column (a) and the amount in column (f). Free state tax return efile If the proceeds were used in an investment activity, enter the interest on Form 4952. Free state tax return efile If the proceeds are used for personal purposes, the interest is generally not deductible. Free state tax return efile Interest You Can Deduct You can generally deduct as a business expense all interest you pay or accrue during the tax year on debts related to your trade or business. Free state tax return efile Interest relates to your trade or business if you use the proceeds of the loan for a trade or business expense. Free state tax return efile It does not matter what type of property secures the loan. Free state tax return efile You can deduct interest on a debt only if you meet all the following requirements. Free state tax return efile You are legally liable for that debt. Free state tax return efile Both you and the lender intend that the debt be repaid. Free state tax return efile You and the lender have a true debtor-creditor relationship. Free state tax return efile Partial liability. Free state tax return efile   If you are liable for part of a business debt, you can deduct only your share of the total interest paid or accrued. Free state tax return efile Example. Free state tax return efile You and your brother borrow money. Free state tax return efile You are liable for 50% of the note. Free state tax return efile You use your half of the loan in your business, and you make one-half of the loan payments. Free state tax return efile You can deduct your half of the total interest payments as a business deduction. Free state tax return efile Mortgage. Free state tax return efile   Generally, mortgage interest paid or accrued on real estate you own legally or equitably is deductible. Free state tax return efile However, rather than deducting the interest currently, you may have to add it to the cost basis of the property as explained later under Capitalization of Interest. Free state tax return efile Statement. Free state tax return efile   If you paid $600 or more of mortgage interest (including certain points) during the year on any one mortgage, you generally will receive a Form 1098 or a similar statement. Free state tax return efile You will receive the statement if you pay interest to a person (including a financial institution or a cooperative housing corporation) in the course of that person's trade or business. Free state tax return efile A governmental unit is a person for purposes of furnishing the statement. Free state tax return efile   If you receive a refund of interest you overpaid in an earlier year, this amount will be reported in box 3 of Form 1098. Free state tax return efile You cannot deduct this amount. Free state tax return efile For information on how to report this refund, see Refunds of interest, later in this chapter. Free state tax return efile Expenses paid to obtain a mortgage. Free state tax return efile   Certain expenses you pay to obtain a mortgage cannot be deducted as interest. Free state tax return efile These expenses, which include mortgage commissions, abstract fees, and recording fees, are capital expenses. Free state tax return efile If the property mortgaged is business or income-producing property, you can amortize the costs over the life of the mortgage. Free state tax return efile Prepayment penalty. Free state tax return efile   If you pay off your mortgage early and pay the lender a penalty for doing this, you can deduct the penalty as interest. Free state tax return efile Interest on employment tax deficiency. Free state tax return efile   Interest charged on employment taxes assessed on your business is deductible. Free state tax return efile Original issue discount (OID). Free state tax return efile   OID is a form of interest. Free state tax return efile A loan (mortgage or other debt) generally has OID when its proceeds are less than its principal amount. Free state tax return efile The OID is the difference between the stated redemption price at maturity and the issue price of the loan. Free state tax return efile   A loan's stated redemption price at maturity is the sum of all amounts (principal and interest) payable on it other than qualified stated interest. Free state tax return efile Qualified stated interest is stated interest that is unconditionally payable in cash or property (other than another loan of the issuer) at least annually over the term of the loan at a single fixed rate. Free state tax return efile You generally deduct OID over the term of the loan. Free state tax return efile Figure the amount to deduct each year using the constant-yield method, unless the OID on the loan is de minimis. Free state tax return efile De minimis OID. Free state tax return efile   The OID is de minimis if it is less than one-fourth of 1% (. Free state tax return efile 0025) of the stated redemption price of the loan at maturity multiplied by the number of full years from the date of original issue to maturity (the term of the loan). Free state tax return efile   If the OID is de minimis, you can choose one of the following ways to figure the amount you can deduct each year. Free state tax return efile On a constant-yield basis over the term of the loan. Free state tax return efile On a straight-line basis over the term of the loan. Free state tax return efile In proportion to stated interest payments. Free state tax return efile In its entirety at maturity of the loan. Free state tax return efile You make this choice by deducting the OID in a manner consistent with the method chosen on your timely filed tax return for the tax year in which the loan is issued. Free state tax return efile Example. Free state tax return efile On January 1, 2013, you took out a $100,000 discounted loan and received $98,500 in proceeds. Free state tax return efile The loan will mature on January 1, 2023 (a 10-year term), and the $100,000 principal is payable on that date. Free state tax return efile Interest of $10,000 is payable on January 1 of each year, beginning January 1, 2014. Free state tax return efile The $1,500 OID on the loan is de minimis because it is less than $2,500 ($100,000 × . Free state tax return efile 0025 × 10). Free state tax return efile You choose to deduct the OID on a straight-line basis over the term of the loan. Free state tax return efile Beginning in 2013, you can deduct $150 each year for 10 years. Free state tax return efile Constant-yield method. Free state tax return efile   If the OID is not de minimis, you must use the constant-yield method to figure how much you can deduct each year. Free state tax return efile You figure your deduction for the first year using the following steps. Free state tax return efile Determine the issue price of the loan. Free state tax return efile Generally, this equals the proceeds of the loan. Free state tax return efile If you paid points on the loan (as discussed later), the issue price generally is the difference between the proceeds and the points. Free state tax return efile Multiply the result in (1) by the yield to maturity. Free state tax return efile Subtract any qualified stated interest payments from the result in (2). Free state tax return efile This is the OID you can deduct in the first year. Free state tax return efile   To figure your deduction in any subsequent year, follow the above steps, except determine the adjusted issue price in step (1). Free state tax return efile To get the adjusted issue price, add to the issue price any OID previously deducted. Free state tax return efile Then follow steps (2) and (3) above. Free state tax return efile   The yield to maturity is generally shown in the literature you receive from your lender. Free state tax return efile If you do not have this information, consult your lender or tax advisor. Free state tax return efile In general, the yield to maturity is the discount rate that, when used in computing the present value of all principal and interest payments, produces an amount equal to the principal amount of the loan. Free state tax return efile Example. Free state tax return efile The facts are the same as in the previous example, except that you deduct the OID on a constant yield basis over the term of the loan. Free state tax return efile The yield to maturity on your loan is 10. Free state tax return efile 2467%, compounded annually. Free state tax return efile For 2013, you can deduct $93 [($98,500 × . Free state tax return efile 102467) − $10,000]. Free state tax return efile For 2014, you can deduct $103 [($98,593 × . Free state tax return efile 102467) − $10,000]. Free state tax return efile Loan or mortgage ends. Free state tax return efile   If your loan or mortgage ends, you may be able to deduct any remaining OID in the tax year in which the loan or mortgage ends. Free state tax return efile A loan or mortgage may end due to a refinancing, prepayment, foreclosure, or similar event. Free state tax return efile If you refinance with the original lender, you generally cannot deduct the remaining OID in the year in which the refinancing occurs, but you may be able to deduct it over the term of the new mortgage or loan. Free state tax return efile See Interest paid with funds borrowed from original lender under Interest You Cannot Deduct, later. Free state tax return efile Points. Free state tax return efile   The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a loan or a mortgage. Free state tax return efile These charges are also called loan origination fees, maximum loan charges, discount points, or premium charges. Free state tax return efile If any of these charges (points) are solely for the use of money, they are interest. Free state tax return efile   Because points are prepaid interest, you generally cannot deduct the full amount in the year paid. Free state tax return efile However, you can choose to fully deduct points in the year paid if you meet certain tests. Free state tax return efile For exceptions to the general rule, see Publication 936. Free state tax return efile The points reduce the issue price of the loan and result in original issue discount (OID), deductible as explained in the preceding discussion. Free state tax return efile Partial payments on a nontax debt. Free state tax return efile   If you make partial payments on a debt (other than a debt owed the IRS), the payments are applied, in general, first to interest and any remainder to principal. Free state tax return efile You can deduct only the interest. Free state tax return efile This rule does not apply when it can be inferred that the borrower and lender understood that a different allocation of the payments would be made. Free state tax return efile Installment purchase. Free state tax return efile   If you make an installment purchase of business property, the contract between you and the seller generally provides for the payment of interest. Free state tax return efile If no interest or a low rate of interest is charged under the contract, a portion of the stated principal amount payable under the contract may be recharacterized as interest (unstated interest). Free state tax return efile The amount recharacterized as interest reduces your basis in the property and increases your interest expense. Free state tax return efile For more information on installment sales and unstated interest, see Publication 537. Free state tax return efile Interest You Cannot Deduct Certain interest payments cannot be deducted. Free state tax return efile In addition, certain other expenses that may seem to be interest but are not, cannot be deducted as interest. Free state tax return efile You cannot currently deduct interest that must be capitalized, and you generally cannot deduct personal interest. Free state tax return efile Interest paid with funds borrowed from original lender. Free state tax return efile   If you use the cash method of accounting, you cannot deduct interest you pay with funds borrowed from the original lender through a second loan, an advance, or any other arrangement similar to a loan. Free state tax return efile You can deduct the interest expense once you start making payments on the new loan. Free state tax return efile   When you make a payment on the new loan, you first apply the payment to interest and then to the principal. Free state tax return efile All amounts you apply to the interest on the first loan are deductible, along with any interest you pay on the second loan, subject to any limits that apply. Free state tax return efile Capitalized interest. Free state tax return efile   You cannot currently deduct interest you are required to capitalize under the uniform capitalization rules. Free state tax return efile See Capitalization of Interest, later. Free state tax return efile In addition, if you buy property and pay interest owed by the seller (for example, by assuming the debt and any interest accrued on the property), you cannot deduct the interest. Free state tax return efile Add this interest to the basis of the property. Free state tax return efile Commitment fees or standby charges. Free state tax return efile   Fees you incur to have business funds available on a standby basis, but not for the actual use of the funds, are not deductible as interest payments. Free state tax return efile You may be able to deduct them as business expenses. Free state tax return efile   If the funds are for inventory or certain property used in your business, the fees are indirect costs and you generally must capitalize them under the uniform capitalization rules. Free state tax return efile See Capitalization of Interest, later. Free state tax return efile Interest on income tax. Free state tax return efile   Interest charged on income tax assessed on your individual income tax return is not a business deduction even though the tax due is related to income from your trade or business. Free state tax return efile Treat this interest as a business deduction only in figuring a net operating loss deduction. Free state tax return efile Penalties. Free state tax return efile   Penalties on underpaid deficiencies and underpaid estimated tax are not interest. Free state tax return efile You cannot deduct them. Free state tax return efile Generally, you cannot deduct any fines or penalties. Free state tax return efile Interest on loans with respect to life insurance policies. Free state tax return efile   You generally cannot deduct interest on a debt incurred with respect to any life insurance, annuity, or endowment contract that covers any individual unless that individual is a key person. Free state tax return efile   If the policy or contract covers a key person, you can deduct the interest on up to $50,000 of debt for that person. Free state tax return efile However, the deduction for any month cannot be more than the interest figured using Moody's Composite Yield on Seasoned Corporate Bonds (formerly known as Moody's Corporate Bond Yield Average-Monthly Average Corporates) (Moody's rate) for that month. Free state tax return efile Who is a key person?   A key person is an officer or 20% owner. Free state tax return efile However, the number of individuals you can treat as key persons is limited to the greater of the following. Free state tax return efile Five individuals. Free state tax return efile The lesser of 5% of the total officers and employees of the company or 20 individuals. Free state tax return efile Exceptions for pre-June 1997 contracts. Free state tax return efile   You can generally deduct the interest if the contract was issued before June 9, 1997, and the covered individual is someone other than an employee, officer, or someone financially interested in your business. Free state tax return efile If the contract was purchased before June 21, 1986, you can generally deduct the interest no matter who is covered by the contract. Free state tax return efile Interest allocated to unborrowed policy cash value. Free state tax return efile   Corporations and partnerships generally cannot deduct any interest expense allocable to unborrowed cash values of life insurance, annuity, or endowment contracts. Free state tax return efile This rule applies to contracts issued after June 8, 1997, that cover someone other than an officer, director, employee, or 20% owner. Free state tax return efile For more information, see section 264(f) of the Internal Revenue Code. Free state tax return efile Capitalization of Interest Under the uniform capitalization rules, you generally must capitalize interest on debt equal to your expenditures to produce real property or certain tangible personal property. Free state tax return efile The property must be produced by you for use in your trade or business or for sale to customers. Free state tax return efile You cannot capitalize interest related to property that you acquire in any other manner. Free state tax return efile Interest you paid or incurred during the production period must be capitalized if the property produced is designated property. Free state tax return efile Designated property is any of the following. Free state tax return efile Real property. Free state tax return efile Tangible personal property with a class life of 20 years or more. Free state tax return efile Tangible personal property with an estimated production period of more than 2 years. Free state tax return efile Tangible personal property with an estimated production period of more than 1 year if the estimated cost of production is more than $1 million. Free state tax return efile Property you produce. Free state tax return efile   You produce property if you construct, build, install, manufacture, develop, improve, create, raise, or grow it. Free state tax return efile Treat property produced for you under a contract as produced by you up to the amount you pay or incur for the property. Free state tax return efile Carrying charges. Free state tax return efile   Carrying charges include taxes you pay to carry or develop real estate or to carry, transport, or install personal property. Free state tax return efile You can choose to capitalize carrying charges not subject to the uniform capitalization rules if they are otherwise deductible. Free state tax return efile For more information, see chapter 7. Free state tax return efile Capitalized interest. Free state tax return efile   Treat capitalized interest as a cost of the property produced. Free state tax return efile You recover your interest when you sell or use the property. Free state tax return efile If the property is inventory, recover capitalized interest through cost of goods sold. Free state tax return efile If the property is used in your trade or business, recover capitalized interest through an adjustment to basis, depreciation, amortization, or other method. Free state tax return efile Partnerships and S corporations. Free state tax return efile   The interest capitalization rules are applied first at the partnership or S corporation level. Free state tax return efile The rules are then applied at the partners' or shareholders' level to the extent the partnership or S corporation has insufficient debt to support the production or construction costs. Free state tax return efile   If you are a partner or a shareholder, you may have to capitalize interest you incur during the tax year for the production costs of the partnership or S corporation. Free state tax return efile You may also have to capitalize interest incurred by the partnership or S corporation for your own production costs. Free state tax return efile To properly capitalize interest under these rules, you must be given the required information in an attachment to the Schedule K-1 you receive from the partnership or S corporation. Free state tax return efile Additional information. Free state tax return efile   The procedures for applying the uniform capitalization rules are beyond the scope of this publication. Free state tax return efile For more information, see sections 1. Free state tax return efile 263A-8 through 1. Free state tax return efile 263A-15 of the regulations and Notice 88-99. Free state tax return efile Notice 88-99 is in Cumulative Bulletin 1988-2. Free state tax return efile When To Deduct Interest If the uniform capitalization rules, discussed under Capitalization of Interest, earlier, do not apply to you, deduct interest as follows. Free state tax return efile Cash method. Free state tax return efile   Under the cash method, you can generally deduct only the interest you actually paid during the tax year. Free state tax return efile You cannot deduct a promissory note you gave as payment because it is a promise to pay and not an actual payment. Free state tax return efile Prepaid interest. Free state tax return efile   You generally cannot deduct any interest paid before the year it is due. Free state tax return efile Interest paid in advance can be deducted only in the tax year in which it is due. Free state tax return efile Discounted loan. Free state tax return efile   If interest or a discount is subtracted from your loan proceeds, it is not a payment of interest and you cannot deduct it when you get the loan. Free state tax return efile For more information, see Original issue discount (OID) under Interest You Can Deduct, earlier. Free state tax return efile Refunds of interest. Free state tax return efile   If you pay interest and then receive a refund in the same tax year of any part of the interest, reduce your interest deduction by the refund. Free state tax return efile If you receive the refund in a later tax year, include the refund in your income to the extent the deduction for the interest reduced your tax. Free state tax return efile Accrual method. Free state tax return efile   Under an accrual method, you can deduct only interest that has accrued during the tax year. Free state tax return efile Prepaid interest. Free state tax return efile   See Prepaid interest, earlier. Free state tax return efile Discounted loan. Free state tax return efile   See Discounted loan, earlier. Free state tax return efile Tax deficiency. Free state tax return efile   If you contest a federal income tax deficiency, interest does not accrue until the tax year the final determination of liability is made. Free state tax return efile If you do not contest the deficiency, then the interest accrues in the year the tax was asserted and agreed to by you. Free state tax return efile   However, if you contest but pay the proposed tax deficiency and interest, and you do not designate the payment as a cash bond, then the interest is deductible in the year paid. Free state tax return efile Related person. Free state tax return efile   If you use an accrual method, you cannot deduct interest owed to a related person who uses the cash method until payment is made and the interest is includible in the gross income of that person. Free state tax return efile The relationship is determined as of the end of the tax year for which the interest would otherwise be deductible. Free state tax return efile See section 267 of the Internal Revenue Code for more information. Free state tax return efile Below-Market Loans If you receive a below-market gift or demand loan and use the proceeds in your trade or business, you may be able to deduct the forgone interest. Free state tax return efile See Treatment of gift and demand loans, later, in this discussion. Free state tax return efile A below-market loan is a loan on which no interest is charged or on which interest is charged at a rate below the applicable federal rate. Free state tax return efile A gift or demand loan that is a below-market loan generally is considered an arm's-length transaction in which you, the borrower, are considered as having received both the following. Free state tax return efile A loan in exchange for a note that requires the payment of interest at the applicable federal rate. Free state tax return efile An additional payment in an amount equal to the forgone interest. Free state tax return efile The additional payment is treated as a gift, dividend, contribution to capital, payment of compensation, or other payment, depending on the substance of the transaction. Free state tax return efile Forgone interest. Free state tax return efile   For any period, forgone interest is The interest that would be payable for that period if interest accrued on the loan at the applicable federal rate and was payable annually on December 31, minus Any interest actually payable on the loan for the period. Free state tax return efile Applicable federal rates are published by the IRS each month in the Internal Revenue Bulletin. Free state tax return efile Internal Revenue Bulletins are available on the IRS web site at www. Free state tax return efile irs. Free state tax return efile gov/irb. Free state tax return efile You can also contact an IRS office to get these rates. Free state tax return efile Loans subject to the rules. Free state tax return efile   The rules for below-market loans apply to the following. Free state tax return efile Gift loans (below-market loans where the forgone interest is in the nature of a gift). Free state tax return efile Compensation-related loans (below-market loans between an employer and an employee or between an independent contractor and a person for whom the contractor provides services). Free state tax return efile Corporation-shareholder loans. Free state tax return efile Tax avoidance loans (below-market loans where the avoidance of federal tax is one of the main purposes of the interest arrangement). Free state tax return efile Loans to qualified continuing care facilities under a continuing care contract (made after October 11, 1985). Free state tax return efile   Except as noted in (5) above, these rules apply to demand loans (loans payable in full at any time upon the lender's demand) outstanding after June 6, 1984, and to term loans (loans that are not demand loans) made after that date. Free state tax return efile Treatment of gift and demand loans. Free state tax return efile   If you receive a below-market gift loan or demand loan, you are treated as receiving an additional payment (as a gift, dividend, etc. Free state tax return efile ) equal to the forgone interest on the loan. Free state tax return efile You are then treated as transferring this amount back to the lender as interest. Free state tax return efile These transfers are considered to occur annually, generally on December 31. Free state tax return efile If you use the loan proceeds in your trade or business, you can deduct the forgone interest each year as a business interest expense. Free state tax return efile The lender must report it as interest income. Free state tax return efile Limit on forgone interest for gift loans of $100,000 or less. Free state tax return efile   For gift loans between individuals, forgone interest treated as transferred back to the lender is limited to the borrower's net investment income for the year. Free state tax return efile This limit applies if the outstanding loans between the lender and borrower total $100,000 or less. Free state tax return efile If the borrower's net investment income is $1,000 or less, it is treated as zero. Free state tax return efile This limit does not apply to a loan if the avoidance of any federal tax is one of the main purposes of the interest arrangement. Free state tax return efile Treatment of term loans. Free state tax return efile   If you receive a below-market term loan other than a gift or demand loan, you are treated as receiving an additional cash payment (as a dividend, etc. Free state tax return efile ) on the date the loan is made. Free state tax return efile This payment is equal to the loan amount minus the present value, at the applicable federal rate, of all payments due under the loan. Free state tax return efile The same amount is treated as original issue discount on the loan. Free state tax return efile See Original issue discount (OID) under Interest You Can Deduct, earlier. Free state tax return efile Exceptions for loans of $10,000 or less. Free state tax return efile   The rules for below-market loans do not apply to any day on which the total outstanding loans between the borrower and lender is $10,000 or less. Free state tax return efile This exception applies only to the following. Free state tax return efile Gift loans between individuals if the loan is not directly used to buy or carry income-producing assets. Free state tax return efile Compensation-related loans or corporation-shareholder loans if the avoidance of any federal tax is not a principal purpose of the interest arrangement. Free state tax return efile This exception does not apply to a term loan described in (2) above that was previously subject to the below-market loan rules. Free state tax return efile Those rules will continue to apply even if the outstanding balance is reduced to $10,000 or less. Free state tax return efile Exceptions for loans without significant tax effect. Free state tax return efile   The following loans are specifically exempted from the rules for below-market loans because their interest arrangements do not have a significant effect on the federal tax liability of the borrower or the lender. Free state tax return efile Loans made available by lenders to the general public on the same terms and conditions that are consistent with the lender's customary business practices. Free state tax return efile Loans subsidized by a federal, state, or municipal government that are made available under a program of general application to the public. Free state tax return efile Certain employee-relocation loans. Free state tax return efile Certain loans to or from a foreign person, unless the interest income would be effectively connected with the conduct of a U. Free state tax return efile S. Free state tax return efile trade or business and not exempt from U. Free state tax return efile S. Free state tax return efile tax under an income tax treaty. Free state tax return efile Any other loan if the taxpayer can show that the interest arrangement has no significant effect on the federal tax liability of the lender or the borrower. Free state tax return efile Whether an interest arrangement has a significant effect on the federal tax liability of the lender or the borrower will be determined by all the facts and circumstances. Free state tax return efile Consider all the following factors. Free state tax return efile Whether items of income and deduction generated by the loan offset each other. Free state tax return efile The amount of the items. Free state tax return efile The cost of complying with the below-market loan provisions if they were to apply. Free state tax return efile Any reasons, other than taxes, for structuring the transaction as a below-market loan. Free state tax return efile Exception for loans to qualified continuing care facilities. Free state tax return efile   The below-market interest rules do not apply to a loan owed by a qualified continuing care facility under a continuing care contract if the lender or lender's spouse is age 62 or older by the end of the calendar year. Free state tax return efile A qualified continuing care facility is one or more facilities (excluding nursing homes) meeting the requirements listed below. Free state tax return efile Designed to provide services under continuing care contracts (defined below). Free state tax return efile Includes an independent living unit, and either an assisted living or nursing facility, or both. Free state tax return efile Substantially all of the independent living unit residents are covered by continuing care contracts. Free state tax return efile A continuing care contract is a written contract between an individual and a qualified continuing care facility that includes all of the following conditions. Free state tax return efile The individual or individual's spouse must be entitled to use the facility for the rest of their life or lives. Free state tax return efile The individual or individual's spouse will be provided with housing, as appropriate for the health of the individual or individual's spouse in an: independent living unit (which has additional available facilities outside the unit for the provision of meals and other personal care), and assisted living or nursing facility available in the continuing care facility. Free state tax return efile The individual or individual's spouse will be provided with assisted living or nursing care available in the continuing care facility, as required for the health of the individual or the individual's spouse. Free state tax return efile For more information, see section 7872(h) of the Internal Revenue Code. Free state tax return efile Sale or exchange of property. Free state tax return efile   Different rules generally apply to a loan connected with the sale or exchange of property. Free state tax return efile If the loan does not provide adequate stated interest, part of the principal payment may be considered interest. Free state tax return efile However, there are exceptions that may require you to apply the below-market interest rate rules to these loans. Free state tax return efile See Unstated Interest and Original Issue Discount (OID) in Publication 537. Free state tax return efile More information. Free state tax return efile   For more information on below-market loans, see section 7872 of the Internal Revenue Code and section 1. Free state tax return efile 7872-5 of the regulations. Free state tax return efile Prev  Up  Next   Home   More Online Publications