Imputed Interest on Seller Finance Deals below AFR

Imputed Interest on Seller Finance Deals below AFR

Nampa, ID · Member since 2016 · 8 posts · 8 votes

I am very interested in pursuing seller finance deals and really like the idea of aiming for 0% interest (or anything under the AFR for the purpose of this post). That being said, I never want to do anything unethical that may put the seller in a bad position to have their profits dipped into by the IRS with imputed interest. I hear it almost never gets called and if it does it is usually a CPA bringing it up while filing the tax return, not the IRS coming back afterwards to apply tax to the assumed interest. That being said, I don't want to feel like I am doing anything "shady", for lack of a better term, banking on the IRS not stepping in.

I see many people have been doing 0% interest seller finance deals and have much more knowledge than me on this topic. Is there certain verbiage you put in the contract or maybe a certain response you give to the seller's CPA if they catch the interest below the AFR that protects them from any negative recourse?

This has been the one thing hanging me up since I want to make sure I do right by the seller and am also not breaking any IRS regulations.

Searching for any input from CPAs/tax professionals specifically & anyone that has experience working with this situation. 

Thanks so much for your guidance!

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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y

    @Joshua Seward

    You are not responsible for them understanding their own tax consequences.

    7e investments53 Reviews
  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    3y

    If a buyer offered me seller financing at 0%, I would likely not continue any conversations with that buyer.

    You can offer seller financing to a seller and offer 0% interest but you risk the one of the appeals to a seller by them offering seller financing which is more money if they accept payment terms.

    Furthermore, if the seller is savvy, they may see what you are trying to do and ask for a higher purchase price, which indirectly is like paying interest.

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