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Tax time, time for mortgage write offs

Mortgage and Lending with Free State Mortgage, LLC


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If you have ever taken out a mortgage, you probably already know of the tax advantage provided by deducting your mortgage interest payments.

But many homeowners overlook another the tax break available for points paid to get a home loan. In some cases, points also could shave tax bills for homeowners who refinanced or got an equity loan or line of credit.

Each point is 1 percent of the loan amount. Lenders charge points as a way to make a profit, and borrowers generally pay points in exchange for lower mortgage rates.

If you paid points, the amount should be listed on the 1098 statement from your lender. This document also notes how much mortgage interest you paid. (If the points aren't on that statement, but show up elsewhere -- for example, on your HUD 1 Settlement Statement.)

Getting the maximum deduction

On a conventional mortgage (usually a fixed-rate, 30-year loan that is not insured by a federal agency), points may be paid by either buyer or seller or split between them. Even if the seller pays all the points, the buyer gets the deduction. Exactly how much of one and when depends on the loan circumstances.

Loan points are fully deductible in the year paid if they meet all these requirements:

1. The loan is secured by your main home, the house you live in most of the time.

2. Paying points is an established business practice in your area.

3. The points are generally what is charged in your region.

4. You report income in the year you receive it and deduct expenses in the year you pay them. Most individuals do this.  Also known as the cash accounting method.

5. The points are not paid in place of amounts ordinarily stated separately on the settlement sheet. That is, you cannot pay points in exchange for lower or no appraisal fees, inspection fees, title fees, attorney fees and property taxes. Sorry for those who took the NO CLOSING COST OPTIONS, TOLD YOU ALL THAT WAS A BAD DECISION!

6. The funds you come up with at or before closing, plus any points the seller pays, must be at least as much as the points charged. The money does not have to apply just to the points. It can include a down payment, escrow deposit or earnest money. But it all must come to at least as much as the points. For example, you took out a $100,000 mortgage and were charged $1,000 (one point). However, your lender only required a $750 down payment. In this case, you cannot deduct the full $1,000 points payment, only $750 of it. The remaining $250 must be deducted over the life of the loan. And you cannot have borrowed any of the money you paid at closing from your lender or mortgage broker.

7. The loan is used to buy or build your main home.

8. The points are computed as a percentage of your mortgage's principal amount.

9. The amount is clearly shown on the settlement statement as points charged for the mortgage. The points may be shown as paid from either buyer or seller funds.

These point deductibility rules apply to loan costs associated with your primary residence. When the loan is tied to a property that is not your main home, the points cannot be fully deducted in the year the loan was made. Points paid on a loan secured by a second home or vacation residence, regardless of how the cash is used, must be amortized over the life of the loan.

Refi points

While points-deductibility definitely is a tax-saving option buyers should explore any time they get a loan to buy another home, a taxpayer who simply refinances also might be eligible for this tax break.

In most refinancing cases, a homeowner must deduct any loan points over the life of the loan. But if part of the refinanced mortgage proceeds are used to improve the main home and tests 1 through 6 listed previously are met, the portion of points attributable to the improvement can be deducted in the year paid. Any points related to the refinanced existing balance, however, are not eligible for immediate tax-deduction purposes; they still must be amortized over the life of the refinanced loan. These points-deductibility rules also apply to home equity loans or home equity lines of credit.

If, however, you use your refi to get some extra cash or take out a home equity loan or line of credit and then use the money for something else, such as paying college costs or buying a car, you still can deduct the points, but not all at once. The points deductions must be parceled out over the equity loan's term.

To figure the annual deduction amount, divide the total points paid by the number of payments to be made over the life of the loan. You should be able to get this information from your lender. For example, a homeowner who paid $1,500 in points on a 30-year second mortgage (360 monthly payments) could deduct $4.17 per payment, or a total of $50 for 12 payments, for each tax year of the loan.

Serial refinancing

Amortizing also comes into play for serial refinancers -- homeowners who take repeated advantage of low mortgage rates to get better and better home loans. The good news for most homeowners is that they don't lose that portion of the first refi's points that they've been amortizing.

The IRS says you can deduct any remaining balance of the points in the year the mortgage ends, either due to a prepayment, refinancing, foreclosure or similar event. Say, for example, our hypothetical refinancer got his loan three years ago. It was a 30-year loan, so he deducted $50 in points on his last three tax returns. Now he decides to refinance again because rates are even lower. Since the first refi is paid off via the second refi, he probably can deduct the remaining $1,350 in points on his next tax return.

But, this immediate, and often large, points tax break doesn't apply in every case. If, for instance, the second refinancing is with the same lender, the IRS says you cannot immediately deduct any remaining balance of your first refi's points. Instead, the remaining points balance from the first refi is added to your new refinance amount. You then continue to deduct them, along with any points from the second refi, for the life of your new loan.

So while points paid on refinanced loans usually don't provide immediate tax breaks, even when amortized they can save you some tax dollars. You can learn more about homeownership tax advantages and the tax basics of owning your own home.

If you want the technical scoop straight from the IRS, check out Internal Revenue Service ( www.irs.gov )Publication 530, Tax Information for First-Time Homeowners, and Publication 936, Home Mortgage Interest Deduction, and if you want to know if paying points makes sense for you, see "Paying mortgage points: a primer."

Disclaimer:  Always consult a tax advisor for advice on deductions as depending on your income level, you may not qualify for certain tax write offs

Mark Maupin See Blog Free Investors Training
National Real Estate Network, LLC - Highland Township, MI
National Real Estate Investors Network Host
Thanks, Your blog post is great tool to use with new home buys in that it really covers the tax deductions in detail. Good job.
Feb 07, 2008 06:51 AM
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.... - Mauldin, SC
Great post Daniel. Thanks for the tips every little bit helps.
Feb 07, 2008 06:57 AM