Non-recourse deductions: Overview, definition, and example
What is non-recourse deductions?
Non-recourse deductions are tax deductions allocated to partners in a partnership or LLC that are tied to non-recourse liabilities—loans where the lender’s only remedy is to claim the collateral, not pursue the borrower personally. These typically include deductions like depreciation or interest expenses related to property financed by non-recourse debt.
Why is non-recourse deductions important?
This concept matters because it determines how certain losses or expenses are shared among partners for tax purposes. Even if a partner isn’t personally liable for a loan, they may still be entitled to deductions connected to that loan. The IRS has specific rules about how these deductions must be allocated, which are often addressed directly in the operating or partnership agreement.
Understanding non-recourse deductions through an example
A partnership takes out a non-recourse loan to purchase an apartment building. Although no partner is personally liable for the debt, the tax deductions from depreciation are allocated among them based on their ownership percentages. This allows each partner to reduce their taxable income in proportion to their share of the project.
Example of a non-recourse deductions clause
Here’s how a non-recourse deductions clause may appear in a contract:
"Non-recourse deductions shall be allocated among the Partners in accordance with their respective Percentage Interests, in compliance with Treasury Regulation Section 1.704-2."
Conclusion
Non-recourse deductions help partners benefit from tax losses tied to non-recourse debt, even if they have no personal liability. Including clear terms about how these deductions are allocated ensures tax compliance and prevents disputes among partners.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.