Expense Certification For 1099 Loans

Expense Certification For 1099 Loans

Expense Certification for 1099 Loans

The 1099 Only product is a form of Alternative Documentation (Alt Doc) designed for independent contractors or self-employed individuals who receive income via IRS Form 1099 at year-end. To determine the borrower’s stable monthly income, the qualifying income is calculated based on the gross 1099 earnings less an applicable expense ratio.

Methods of Expense Calculation for 1099 Income

We typically offer two primary methods to establish the legitimate business expense factor: a fixed, uniform ratio (no certification needed) or a certified expense statement from a third-party tax professional.

A. Uniform Expense Factor (Standard Default)

When specific expense information or third-party certification is not provided, we apply a standard, fixed expense ratio to the gross receipts.

  • Fixed Ratio: The most common fixed expense factor applied to all eligible gross receipts is 10%.
  • Qualifying Income: Applying this fixed factor means the borrower’s qualifying income is calculated as 90% of the gross 1099 earnings.
  • Application: This ratio is utilized so long as it is deemed reasonable for the borrower’s line of work and the borrower qualifies.

B. Third-Party Certified Expense Ratio (Expense Letter)

An expense certification provided by a recognized tax professional offers an alternative method to calculate income, potentially resulting in a higher qualifying income if the borrower’s actual expenses are lower than the standard fixed ratio.

  • Required Professionals: The certification must be provided by a qualified third party, such as a CPA (Certified Public Accountant), EA (Enrolled Agent), or licensed tax preparer (PTIN/CTEC).
  • Documentation: The preparer must provide a signed statement indicating the borrower’s expense ratio based on their review of the most recent year’s tax return. The letter generally may not include any exculpatory language.
  • Calculation: The stated expense ratio from the letter is multiplied by the gross receipts shown on the 1099s. This resulting expense figure is then deducted from the gross receipts to determine the qualifying income.
Expense Certification For 1099 Loans

Utilizing a Third-Party Prepared P&L Statement

Instead of a simple expense ratio letter, some programs allow the submission of a Profit & Loss (P&L) statement prepared by a third party as a means of documenting net qualifying income.

  • P&L Preparation: The P&L statement must be prepared by a CPA, EA, or licensed tax preparer.
  • Validation: The gross receipts listed on the 1099s must support at least 90% of the gross receipts listed on the P&L statement.
  • Qualifying Income: If the P&L is validated, the net income listed on the P&L is used as the qualifying income.

Special Requirements for LLC-Paid 1099 Income

If the 1099 payment is made to the borrower’s LLC (where permitted by us), a specific type of certification is required, and a higher expense factor is mandated:

  • Ownership Verification: A CPA letter is required to verify that the LLC is 100% owned by the borrower and is active.
  • Mandatory Expense Factor: In this scenario (1099 paid to an LLC), we must apply a 15% expense factor to the gross earnings.
Expense Certification For 1099 Loans
Expense Certification For 1099 Loans

Tax Transcript Requirement

Regardless of which expense method is used, we must verify the underlying income documents. For Wage Earner and 1099 income documentation, Wage & Income Transcripts for the year(s) of qualifying income are generally required.

FAQ's

The letter may not include any exculpatory language from the preparer.

The CPA letter must verify that the LLC is 100% owned by the borrower and is active.

A 15% expense factor must be applied to the gross earnings when the 1099 is paid to the borrower’s LLC.

The net income listed on the P&L is used as the qualifying income, provided the 1099 gross receipts support at least 90% of the P&L’s gross receipts.

The preparer’s expense ratio statement must be based on their review of the borrower’s most recent year’s tax returns.

The documentation must be prepared by a qualified third party, such as a CPA (Certified Public Accountant), EA (Enrolled Agent), or licensed tax preparer (PTIN/CTEC).

This factor is typically reserved for borrowers in a profession with no office space, employees, or cost of goods sold.

The borrower’s qualifying income is calculated as 90% of the gross 1099 earnings.

The goal is to calculate the net qualifying income by subtracting an applicable expense factor from the gross 1099 earnings, which helps determine the borrower’s ability to repay.

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