I have a number of private loans to me. I am paying interest on these loans, but since they are private individuals they wont be submitting 1099INTs to me.
How do others deal with this?
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I have a number of private loans to me. I am paying interest on these loans, but since they are private individuals they wont be submitting 1099INTs to me.
How do others deal with this?
It doesn't matter if it's a private loan, you should still get one. If they refuse to send you one, fill them out yourself and send mail them. I don't know the proper channels to use when someone doesn't give you all of your tax documents. Calling the IRS would probably be the first step.
I have some private loans that I'm paying on and some land contracts that I'm collecting on. I send out and receive Form 1098 for mortgage interest. I'm not familiar with 1099INT. I've been using Form 1098 for years with no problems. My private loans are all tied to real estate. If this is just a private loan that is not tied to a property, it might be different.
I would just have your tax professional send them out. If you actually do your own taxes yourself which I highly recommend not too if your in this business and not a tax professional. You will have to go to library and find one you can send to partners. You want to send them out so they dont come back complaining to you about it later. Interest , its an expense and you want to document it in your business properly and communicate it with partners, investors, lenders so they are willing to do business with you.
Paying for an cpa to handle my taxes was one of the wisest moved I made very early in this business. They can be worth there weight in gold. Calling them with questions during the year to figure out which capital improvements have what time line for depreciation can help you determine which improvements to make first on a property. It can help you increase roi. Of course I am speaking about property you hold long term.
You should be receiving a 1098 for the interest paid. If it is not secured by property you should be issuing a 1099-INT for interest paid to that person or business.
1099-INT is issued to the person who received the interest.
1098 is issued to the person who paid interest.
You should have an amortization schedule that you should be able to use.
My clients call me with questions like this all of time.
-Steven
Steven Hamilton II, Hamilton Investment Group, LLC
Telephone: 224-381-2660
Website: http://To be updated
-Steven the Tax Guy
@Steven Hamilton II If I make payments on private loans secured by real estate and receive a 1098, do I still need to send out a 1099 also? Currently, I send out 1098's to people that pay me interest and the people that I send payments to send me a 1098. None of us use 1099's for this.
@Rob K 1099 int is used to report interest received on checking and savings accounts. Since yours is secured by RE you don't need one.
Rob -
I believe that if the loan is secured by real estate (mortgage or trust deed), there is no obligation on the part of the payor to issue anything.
I'm sure Steven will chime in if I'm incorrect...
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Sorry, meant 1098 but I can't go back and edit now.
They are not refusing to send them to me, but since they are private individuals I want to make the process as easy and painless for them as possible.
What can I do, so that they have to do the least?
I'm not a tax expert, but there is no exception for any note due to it being secured by real estate. Reporting is required, not an option. You can get fined for not reporting interest paid to you to the borrower by Jan 31. You complete the 1098 received from others, your borrowers, which includes installment contracts as they are entitled to deduct the interest expense paid to you. Only one party can claim interest paid on the property. The 1098s and 1099s are to match up, it is an audit issue for the IRS.
A lender is required to submit, you are a lender if you loaned money in cash or equity. A borrower is not required to send anything but to report if claimed as a deduction. It doesn't matter who fills out the forms, but you need to make sure that the lender and borrower are claiming the same amount to thier transaction. We had to fill out both on serviced loans and installment contracts, you guys have it easy, took us several days and a bunch of stamps licked!
This is from the 2013 version; however:
Box 1. Shows taxable interest paid to you during the calendar year by the payer. This does not include interest shown in box 3. May also show the total amount of the credits from clean renewable energy bonds, qualified forestry conservation bonds, new clean renewable energy bonds, qualified energy conservation bonds, qualified zone academy bonds, qualified school construction bonds, and build America bonds that must be included in your interest income. These amounts were treated as paid to you during 2013 on the credit allowance dates (March 15, June 15, September 15, and December 15). For more information, see Form 8912, Credit to Holders of Tax Credit Bonds.
Bottom line if you paid interest they should be receiving one. Now, being that they are issuing a 1098 that is enough reporting in that the IRS knows they received interest income.
If you receive a 1098, you should be fine; however, I don't mind issuing 1098/1099s for everything.
-Steven
Steven Hamilton II, Hamilton Investment Group, LLC
Telephone: 224-381-2660
Website: http://To be updated
-Steven the Tax Guy
You can fill out the forms for them and have them fill in their taxpayer ID(SSN or ITIN) and they can send it in.
-Steven
Steven Hamilton II, Hamilton Investment Group, LLC
Telephone: 224-381-2660
Website: http://To be updated
-Steven the Tax Guy