Tax advice for private money’s lenders

Tax advice for private money’s lenders

SC · Member since 2017 · 11 posts · 3 votes

Borrowed private money to do several deals this year. Paid them all back their principal plus the agreed upon interest. For tax purposes what should I be doing to report. Do I need to issue them 1099’s showing the amount of interest paid to them? And would origination fees be included in this amount. Thanks

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Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
6y

Disagree with the previous two responses.

OP should issue a 1099-INT to the lender if he paid $600 or more in interest to the lender in the ordinary course of a trade or business during the tax year.  In the borrowed capital was used in an activity that is a mere investment, or is personal in nature, a 1099-INT obligation won't exist.

A Form 1098 obligation is only triggered if the loan is a mortgage and the interest is received in the ordinary course of trade or business of the lender from an individual or sole proprietor taxpayer.  There is no evidence in this thread that the private money was secured by the real estate.  Further, there is no evidence that the interest was received by the lender in the ordinary course of lender's trade or business.  Further, we don't know how the OP is organized for federal income tax purposes.

Thus, the conclusion that the lender has a 1098 obligation is premature.  There's a strong possibility there isn't any obligation here.  Also, it is not relevant to the OP as this obligation would fall on the lender and not OP (the lendee), so we're all just really wasting our breath.

Interest shouldn't be hard to find out.  An amortization schedule should be attached to any good loan agreement and signed off on by both parties.

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  • Carl FischerPro Member
    Rental Property Investor · Ambler, PA · Member since 2015 · 2k+ posts · 1k+ votes
    6y

    @Doug Henderson

    I would send them 1099s but ask your cpa. 1099s should Usually be out by 1/31. 

  • Accountant · Santa Barbara, CA · Member since 2016 · 213 posts · 66 votes
    6y

    @Doug Henderson

    They should sent you a 1098

  • Accountant · Atlanta · Member since 2020 · 71 posts · 38 votes
    6y

    @Doug Henderson, I agree with @John Duston. They should send you a 1098 for the interest you've paid them. Unfortunately not all private money lenders keep track of the interest income received. I would reach out to them and ask them for a 1098 or in writing the amount of interest income they received from you. 

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    Disagree with the previous two responses.

    OP should issue a 1099-INT to the lender if he paid $600 or more in interest to the lender in the ordinary course of a trade or business during the tax year.  In the borrowed capital was used in an activity that is a mere investment, or is personal in nature, a 1099-INT obligation won't exist.

    A Form 1098 obligation is only triggered if the loan is a mortgage and the interest is received in the ordinary course of trade or business of the lender from an individual or sole proprietor taxpayer.  There is no evidence in this thread that the private money was secured by the real estate.  Further, there is no evidence that the interest was received by the lender in the ordinary course of lender's trade or business.  Further, we don't know how the OP is organized for federal income tax purposes.

    Thus, the conclusion that the lender has a 1098 obligation is premature.  There's a strong possibility there isn't any obligation here.  Also, it is not relevant to the OP as this obligation would fall on the lender and not OP (the lendee), so we're all just really wasting our breath.

    Interest shouldn't be hard to find out.  An amortization schedule should be attached to any good loan agreement and signed off on by both parties.

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    @Carl Fischer

    1099-MISC with Box 7 Nonemployee comp is due 1/31.

    All other 1099 fact patterns (including 1099-INT) are due 3/31 if filed electronically.  2/28 if paper filed.

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