- Mark as New
- Bookmark
- Subscribe
- Permalink
- Report Inappropriate Content
In this case the carryforward is a legislative grace. IRC 163(d):
(d)Limitation on investment interest
In the case of a taxpayer other than a corporation, the amount allowed as a deduction under this chapter for investment interest for any taxable year shall not exceed the net investment income of the taxpayer for the taxable year.
The amount not allowed as a deduction for any taxable year by reason of paragraph (1) shall be treated as investment interest paid or accrued by the taxpayer in the succeeding taxable year.
There is no mention of a carryover allowed "by reason of" failure to elect to itemize under IRC 63(e). I think that the carryover would be properly reduced by net investment income, even in a year where the taxpayer takes the standard deduction. That said, I've not had to take a position on a tax return regarding this and I haven't looked at Regs or case law, just the IRC.
Rick