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What does qualified nonrecourse financing mean on the CPA exam?

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Qualified nonrecourse financing. Borrowing secured by real property from a commercial lender, where nobody is personally liable. It counts toward a partner's at-risk amount even though the debt is nonrecourse.

Defined against Sec. 465(b)(6).

Worked example

Dana owns 20% of a partnership that buys an apartment building and leases out the units. Her at-risk amount at the start of the year is her $40,000 cash contribution. During the year the partnership borrows $500,000 from an unrelated commercial bank. The building is the only collateral, no partner is personally liable, and the loan cannot be converted into an equity interest. Dana's share of the loan follows her 20% interest, and her share of the partnership's loss for the year is $165,000.

How much of Dana's loss clears the at-risk limit, and how much is suspended?

Dana's share of the bank loan, which counts as at risk because it is qualified nonrecourse financing500,000 x 20%100,000
At-risk amount before the loss40,000 + 100,000140,000
Loss suspended under the at-risk rules165,000 - 140,00025,000

Answer: $140,000 of the loss clears the at-risk limit and $25,000 is suspended, carrying forward until her at-risk amount rises. Her basis, which also includes her share of the loan, is the same $140,000, so the basis limit does not bind first. The passive activity rules then apply to the $140,000 on their own.

The trap: Treating the bank loan like any other nonrecourse debt, which adds nothing to the at-risk amount. Financing secured by real property, from a commercial lender, with nobody personally liable is the exception. Without it Dana would be at risk for only $40,000 and $125,000 of the loss would be suspended.

Based on IRC Sec. 465(b)(6); IRC Sec. 465(a)(2).

Which CPA exam sections use qualified nonrecourse financing?

Qualified nonrecourse financing appears in the REG section of the CPA exam.

Related terms

See also