- 9 - section concerning portfolio income, specifically focused on situations where a payment of nonpassive interest income is received by a taxpayer on a loan to an entity and a passive deduction for the interest payment is passed through to the taxpayer from the entity. See id. The legislative history contains a specific example of a taxpayer who receives nonpassive interest income on loans made to a taxpayer’s pass-through entity from which passive interest deductions are passed through to the taxpayer. See id. at II-146, 1986-3 C.B. (Vol. 4) at 146. Such interest is considered “self-charged” interest and therefore “[lacks] economic significance”. Id. The example involved a taxpayer who charges $100 of interest on a loan to an S corporation (engaged exclusively in passive activities) of which he is the sole shareholder. Under the general application of the passive loss rules, the taxpayer might be viewed as incurring $100 of passive activity expense (interest expense passed through by the S corporation), and having $100 of interest income, which cannot be offset by the interest-expense deduction because it is portfolio in nature. Thus, the taxpayer would have to recognize $100 of taxable income from the transaction, although the economic substance of the transaction was a payment of interest to himself. Likewise, the Staff of the Joint Committee on Taxation focused on similar issues that could arise if a partnership makesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011