Tax Alerts - June 2013
June 2013 Articles
- Review of IRS's Treatment of Conservative Groups Intensifies; Agency Under 30-day Top-down Review
- IRS Steps Up Guidance Under Health Care Law as 2014 Mandates Loom
- Senate Passes Internet Sales Tax Bill that Will Require State Sales Tax on All Online Purchases
- FAQ - How are Vacation Homes Taxed?
- How do I - Calculate Imputed Interest on Bargain-rate Loans
- June 2013 Tax Compliance Calendar
- IRS Issues Statement Clarifying Its Policy on Obtaining Search Warrants
- U.S., U.K. and Australia Combat Offshore Tax Evasion in a Joint Effort
- IRS Issues Final Rules on Elections for Qualified Stock Dispositions Under Code Sec. 336(e)
- Trustee's Activities as President/Shareholder were Disregarded in Determining Trusts' Material Participation
- IRS Releases 2013 Auto and Truck Maximum Fair Market Value Amounts For Calculating Fringe Benefit Income
Loans without interest or at below-market interest rates are recharacterized so that the lender must recognize market-rate interest income. Put another way, below-market loans are loans for which a rate of interest that is lower than the applicable federal rate (AFR) (which is computed by the government and released by the IRS on a monthly bases). Special adjustments might be necessary to determine the interest rate on short period loans, variable rate loans, and loans denominated in foreign currencies.
Categories of Bargain-rate Loans: The below market loan rules apply to a loan within one of six categories:
- gift loans;
- compensation-related loans;
- corporation-shareholder loans;
- tax avoidance loans;
- loans to qualified continuing care facilities; or
- other below-market loans.
A below-market loan is further characterized as either a demand loan or a term loan:
Below-market Demand Loans: Below-market demand loans are restructured for tax purposes so that the foregone interest is treated as transferred from the lender to the borrower, either as a gift, charitable contribution, dividend, compensation, or other payment, and retransferred by the borrower to the lender as interest. The foregone interest attributable to each calendar year is treated as transferred and retransferred on the last day of that year.
Below-market Term Loan: Below-market loans other than gift or demand loans are term loans, which are restructured for tax purposes so that the excess of the loan amount over the present value of all required loan payments, that is, the loan's original issue discount (OID), is treated as transferred from the lender to the borrower on the date of the loan. The lender and borrower recognize the interest under the OID rules over the life of the loan.
The principal distinction between the treatment of a gift or demand below-market loan and a term below-market loan, therefore, is in the timing of the consideration deemed transferred by the lender to the borrower. In both instances, the borrower is treated as paying interest and the lender as receiving interest income.
The below-market loan rules include several exceptions and exemptions. There is a $10,000 de minimis exception for gift loans, compensation-related loans, and corporation-shareholder loans. Israeli bonds, loans between an employer and an employee stock ownership plan (ESOP), and loans to qualified continuing care facilities are also excepted from the rules. For gift loans directly between individuals, the imputed interest payment cannot exceed the borrower's net investment income for the borrower's tax year. Special rules apply to below-market employee relocation loans, loans from foreign persons, loans between spouses, and interest obligations that are cancelled, waived or forgiven. A lender must attach a statement to an income return that reports income or deductions arising from below-market loans.
To ensure compliance with requirements imposed by the IRS, please note, any advice contained in this publication was not intended, or written, to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This publication is distributed with the understanding that the publisher and distributor are not providing legal, accounting or other professional advice and assume no liability whatsoever in conjunction with the information contained within this publication.