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Understanding the tax implications of an owner occupied commercial real estate loan

01-2023

F2H Capital Group - Owner-occupied Loans

Owning a commercial property for your company can be an excellent investment, but it’s important to comprehend the tax repercussions of an owner-occupied commercial real estate loan.

It’s crucial to first comprehend the distinction between a commercial property that is owned and occupied by its owner and a non-owner occupied property. In contrast to a non-owner occupied property, which is one that is rented to tenants, an owner occupied property is one where the business owner uses the property as their primary place of business.

Understanding the tax ramifications of the transaction is crucial when it comes to loans for owner-occupied commercial real estate. Owning an owner-occupied commercial property can have significant tax advantages, but it’s important to be aware of the guidelines that govern these loans.

The ability to deduct loan interest from your taxable income is one of the main tax benefits of owning an owner-occupied commercial property. The interest on a commercial mortgage can be written off by businesses as a business expense according to the IRS. For the business owner, this can result in sizable tax savings that can help defray the loan’s costs.

Taking property depreciation into account when calculating taxes is another significant tax advantage of owning an owner-occupied commercial building. For residential properties, depreciation can be deducted over a period of 27.5 years, and for commercial properties, it can be deducted over a period of 39 years. Due to the ability to deduct the property’s cost from their income, this can result in significant tax savings for the business owner.

It’s significant to remember that these tax advantages only apply to owner-occupied properties, not to properties that are not owned by the property’s current owner. Commercial real estate cannot be depreciated for tax purposes if it is not owner-occupied, and neither is the loan interest.

It’s critical to be knowledgeable about the laws and guidelines that govern the loan itself when it comes to commercial real estate loans. The amount of debt that can be used to buy a property, for instance, is subject to strict regulations set forth by the IRS. The interest on the loan may not be tax deductible if it is larger than these amounts. It’s crucial to consult a tax expert to make sure the loan is set up in accordance with these laws and rules.

The concept of passive income is another crucial element of commercial real estate loans. Rental income is classified by the IRS as passive income, which is taxed under a different set of regulations than active income. Rental income, limited partnership income, and other forms of passive income are all examples of passive income. The marginal tax rate of the individual, or the rate at which the final dollar of income is taxed, is used to tax passive income.

The rental income, however, might not be regarded as passive income if a business owner actively manages the property. Instead, it might be regarded as active income. This implies that the rental income would be subject to the same tax laws as any other income the business received.

Understanding how various loan types will affect your taxes is also crucial. A conventional loan, for instance, is one that the government does not guarantee or insure. A conventional loan’s interest can be deducted from taxes, but the underwriting standards for the loan itself might be more stringent. Contrarily, government-backed loans with laxer underwriting requirements, like FHA and VA loans, might not have tax-deductible interest.

In summary, owning a commercial property for your company can be a wise investment, but it’s crucial to comprehend the tax ramifications of an owner-occupied commercial real estate loan. Significant tax savings may be possible due to the loan’s interest payment and the depreciation of the asset. In order to structure the loan and the property in a way that maximizes tax benefits while abiding by tax regulations, it’s crucial to work with a tax expert.

Furthermore, it’s critical to comprehend the distinction between passive and active income when it comes to rental income from commercial properties as well as the laws and guidelines that apply to loans for commercial real estate, such as the debt-to-income ratio restrictions and the distinction between conventional and government-backed loans. In addition, it’s crucial to take into account the long-term tax consequences of owning a commercial property, such as the potential for capital gains taxes upon sale. Understanding these tax repercussions will enable you to take advantage of the tax breaks that are available to you and decide whether purchasing commercial real estate is the best course of action for your company.

F2H Capital Group is a debt advisory firm specializing in negotiating the best terms for your commercial real estate projects. The company offers a range of financial products and services, including fixed loans, bridge loans, and construction loans across all asset types. Please contact us for any of your financing needs.

If you have any questions, then write to us