Interest Limitation Rule (ILR) (2024)

The Interest Limitation Rule (ILR)is intended to limit base erosion using excessive interest deductions. It limits the maximum net interest deduction to 30% of Earnings Before Interest, Taxes, Depreciation, Amortization (EBITDA). Any interest above that amount is not deductible in the current year. Instead, interest deductibility is deferred until such time as there is sufficient interest capacity to allow deduction.

The ILR applies to accounting periods commencing on, or after, 1 January 2022.

TheILR applies to allcorporate taxpayers. However, there are certain exemptions to the ILR. These exemptions are:

  • companies with net interest expense of €3 million or lower
  • standalone companies with no associates, group companies orpermanent establishments outside Ireland
  • interest on borrowings for Long-Term Public Infrastructure Projects are not subject to the ILR
  • interest on legacy debt (terms agreed on, or before, 17 June 2016).

A company may be a member of a group. Thedebt position of that group is considered when assessing whether excessive interest deductions are taken.

A group of Irish companies may be treated as a single taxpayer. This is only for the purposes of this restriction and under certain conditions.

Forfurther information, pleaserefer to Tax and Duty ManualPart 35D-01-01 Guidance on Interest Limitation.

Note

Part 35D of the Taxes Consolidations Act 1997, implements the Anti-Tax-Avoidance Directives (ATAD) by introducing interest limitation rules. Specifically, Council Directive (EU) 2016/1164 (ATAD) as amended by (EU) 2017/952 of 29 May 2017 (ATAD2).

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Published: 22 August 2023 Please rate how useful this page was to you Print this page

Interest Limitation Rule (ILR) (2024)

FAQs

What is the guidance on the interest limitation rule? ›

The Interest Limitation Rule (ILR) is intended to limit base erosion using excessive interest deductions. It limits the maximum net interest deduction to 30% of Earnings Before Interest, Taxes, Depreciation, Amortization (EBITDA). Any interest above that amount is not deductible in the current year.

How do you calculate interest limitation? ›

To calculate your annual interest expense deduction limitation, follow these five steps:
  1. Calculate your firm's business interest income and business interest expense. ...
  2. Identify the adjustments to taxable income to calculate ATI for your business. ...
  3. Calculate ATI. ...
  4. Multiply ATI by 30%.

Is there a cap on mortgage interest deduction? ›

You can deduct the interest you paid on the first $750,000 of your mortgage during the relevant tax year. For married couples filing separately, that limit is $375,000, according to the Internal Revenue Service.

What is the interest deduction limitation rule? ›

General Interest Deduction Limitation Rule:

Article 30 provides information on the general interest deduction limitation rule. 1) As a business, you can deduct up to 30% of your accounting earnings before interest, taxes, depreciation, and amortization (EBITDA) as net interest expenditure for the relevant tax period.

What is the interest limitation percentage? ›

A taxpayer's deduction of business interest expenses paid or incurred is generally limited to 30 percent of the taxpayer's adjusted taxable income (ATI), but not less than zero. The limit is increased to 50 percent of the taxpayer's ATI for any tax year beginning in 2019 and 2020.

What is the action 4 limitation on interest deductions? ›

The Action 4 recommendations aim to limit base erosion through the use of interest expense to achieve excessive interest deductions or to finance the production of exempt or deferred income.

How does mortgage interest limitation work? ›

You can deduct the mortgage interest you paid during the tax year on the first $750,000 of your mortgage debt for your primary home or a second home. If you are married filing separately, the limit drops to $375,000.

What is the maximum limit of interest? ›

Maximum Limit is a highest-magnitude limit of a range of some quantity.

How does writing off mortgage interest work? ›

The mortgage interest deduction is a tax incentive for homeowners. This itemized deduction allows homeowners to subtract mortgage interest from their taxable income, lowering the amount of taxes they owe. Homeowners can also claim the deduction on loans for second homes providing that they stay within IRS limits.

Why can't I deduct my mortgage interest? ›

Mortgage interest is only deductible when the loan — even if it's a second mortgage — is used to buy, build or substantially improve your home. So if you used your HELOC or home equity loan for a remodel, the interest should be deductible.

Can I claim all mortgage interest even if joint purchase? ›

Mortgage interest is deductible for the person who paid it. If you paid the whole mortgage from an individual account, you get 100% of the deduction. If the mortgage is paid from a joint account, each spouse typically deducts 50%.

What is the mortgage interest deduction limit for 2025? ›

The current $750,000 limitation was introduced as part of the Tax Cuts and Jobs Act (TCJA) and will revert to the old limitation of $1 million after 2025. Though the deduction is often viewed as a policy that increases the incidence of homeownership, research suggests it does not accomplish this goal.

How do you calculate average balance of home acquisition debt? ›

For each mortgage, figure your average balance by adding your monthly closing or average balances and dividing that total by the number of months the home secured by that mortgage was a qualified home during the year. If your lender can give you your average balance for the year, you can use that amount. Example. Ms.

Who claims mortgage interest if married filing separately? ›

When claiming married filing separately, mortgage interest would be claimed by the person who made the payment. Therefore, if one of you paid alone from your own account, that person can claim all of the mortgage interest and property taxes.

What is the amount of the annual limitation placed on the deductibility of investment interest expense? ›

Limitation on deduction of business interest – Under federal law, every business, regardless of its form, is generally subject to a disallowance of a deduction for net interest expense in excess of 30 percent of the business's adjustable taxable income.

What is the 2% limitation on taxes? ›

The 2% rule referred to the limitation on certain miscellaneous itemized deductions, which included things like unreimbursed job expenses, tax prep, investment, advisory fees, and safe deposit box rentals.

How is 163 J interest expense limitation calculated? ›

Computation of section 163(j) limitation.

If section 163(j) applies to you, the business interest expense deduction allowed for the tax year is limited to the sum of: Business interest income, Applicable percentage of the adjusted taxable income (ATI), and. Floor plan financing interest expense.

Is the 750k mortgage interest limitation? ›

You can deduct home mortgage interest on the first $750,000 ($375,000 if married filing separately) of indebt- edness.

How do you calculate cash credit limit interest? ›

The interest is calculated on the outstanding balance. For example, let's say the limit is Rs 100000 and you have used Rs 35000 then the interest is calculated only for 35000. If the interest rate is 10%, then the interest will be (35000*10/1200) =291.66. This is all I have to say on how to calculate cash credit limit.

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