Loopholes > Federal > Seller-Provided Financing Interest Deduction
DEDUCTION MEDIUM SAVINGS INDIVIDUAL

Seller-Provided Financing Interest Deduction

IRC §6109(h)

Taxpayers can deduct mortgage interest paid on a residence even if the financing is provided by the seller rather than a traditional bank, provided they report the seller's identifying information.

Eligibility

Taxpayer must be the payor of 'qualified residence interest' on debt incurred to acquire a residence from the person to whom the debt is owed. Must include the name, address, and TIN of the seller on the tax return.

Frequently Asked Questions

Who is eligible for the Seller-Provided Financing Interest Deduction?

Taxpayer must be the payor of 'qualified residence interest' on debt incurred to acquire a residence from the person to whom the debt is owed. Must include the name, address, and TIN of the seller on the tax return.

How does the Seller-Provided Financing Interest Deduction work?

Taxpayers can deduct mortgage interest paid on a residence even if the financing is provided by the seller rather than a traditional bank, provided they report the seller's identifying information.

What law authorizes the Seller-Provided Financing Interest Deduction?

The Seller-Provided Financing Interest Deduction is authorized under IRC §6109(h) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6109

Source: Internal Revenue Code, Title 26, United States Code

§ 6109. Identifying numbers(a) Supplying of identifying numbersWhen required by regulations prescribed by the Secretary:(1) Inclusion in returnsAny person required under the authority of this title to make a return, statement, or other document shall include in such return, statement, or other document such identifying number as may be prescribed for securing proper identification of such person. (2) Furnishing number to other personsAny person with respect to whom a return, statement, or other document is required under the authority of this title to be made by another person or whose identifying number is required to be shown on a return of another person shall furnish to such other person such identifying number as may be prescribed for securing his proper identification. (3) Furnishing number of another personAny person required under the authority of this title to make a return, statement, or other document with respect to another person shall request from such other person, and shall include in any such return, statement, or other document, such identifying number as may be prescribed for securing proper identification of such other person. (4) Furnishing identifying number of tax return preparerAny return or claim for refund prepared by a tax return preparer shall bear such identifying number for securing proper identification of such preparer, his employer, or both, as may be prescribed. For purposes of this paragraph, the terms “return” and “claim for refund” have the respective meanings given to such terms by section 6696(e). For purposes of paragraphs (1), (2), and (3), the identifying number of an individual (or his estate) shall be such individual’s social security account number. (b) Limitation(1) Except as provided in paragraph (2), a return of any person with respect to his liability for tax, or any statement or other document in support thereof, shall not be considered for purposes of paragraphs (2) and (3) of subsection (a) as a return, statement, or other document with respect to another person. (2) For purposes of paragraphs (2) and (3) of subsection (a), a return of an estate or trust with respect to its liability for tax, and any statement or other document in support thereof, shall be considered as a return, statement, or other document with respect to each beneficiary of such estate or trust. (c) Requirement of informationFor purposes of this section, the Secretary is authorized to require such information as may be necessary to assign an identifying number to any person. (d) Use of social security account numberThe social security account number issued to an individual for purposes of section 205(c)(2)(A) of the Social Security Act shall, except as shall otherwise be specified under regulations of the Secretary, be used as the identifying number for such individual for purposes of this title. [(e) Repealed. Pub. L. 104–188, title I, § 1615(a)(2)(A), Aug. 20, 1996, 110 Stat. 1853]

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