Real Estate or Home - What’s Deductible?
Written by penny on September 13th, 2008Realtors are quick to point out that home ownership allows a lot of tax advantages not available to someone who merely pays rent. A homeowner can deduct points used to obtain a mortgage when buying a home or second home, mortgage interest paid during the year, and property taxes.
Your Biggest Deduction - INTEREST - If you have a mortgage on your first or second home, the loan is probably “fully amortized”. This means a portion of your monthly payment actually repays the debt and another pays the interest. After a scheduled period of time your mortgage on your real estate, first or second home is paid off.
If you use itemized deductions using a Schedule A, the interest portion of your mortgage payment is usually tax deductible. There are condition: the first condition is that your primary residence or a second home must be collateral for the loan.
Defining Home- Your home can be a house, co-op, condominium, mobile home, trailer, log cabin, or ever a houseboat. For trailers and houseboats, one requirement is that the home must have sleeping, cooking, and toilet facilities. Even a rental can be considered a second home, provided you live in it either fourteen days out of the year or at least ten percent of the number of days you rent it for, whichever is greater.
Interest as a Tax Deduction- At the end of each year, your lender should send you a form 1098. This form tells you how much you paid in interest and points during the year. This is your deductible interest, provided you meet certain conditions.
If you obtained the loan prior to October 13, 1987, the loan is considered “grandfathered”. All interest paid on grandfathered loans in a given year is fully deductible. After that, there are conditions, but most conditions won’t apply to most homeowners or land owners.
Home Acquisition Debt (and IRS Term)- An important IRS term is “home acquisition debt”. Any first or second mortgage used to buy a second home, build on real estate, or improve your home is considered to be home acquisition debt.
Acquisition debt can be a first or second mortgage used to buy your home. If you get a second mortgage and use it all for home improvement, that is also considered acquisition debt. If you do a “rate and term” refinance and don’t get any “cash out” - since you are just refinancing your home or real estate acquisition debt - that also can be considered acquisition debt.
For any of the above types of loans that aren’t “grandfathered” - you can still deduct all the interest- but only if your total mortgage debt does not exceed one million dollars. For married couple filing separately, the limit is $500,000 each.
Home Equity Debt (another IRS Term) - The IRS has another term call “home equity debt”. Basically, this is any loan amount in excess of what was spent to purchase a first or second home, build on real estate, or improve your home. If you get “cash out” when refinancing your home, the amount in excess of your original loan amount is considered “home equity debt” - unless some of it was used for home improvement. For second mortgages, it works the same way.
For the interest to be fully deductible, home equity debt cannot exceed $100,000 and the total mortgage debt on the home must not exceed its valve. This can create a problem for those using 125% loan-to-value second mortgages to consolidate debt. That portion of the loan amount that exceeds the value of your home is not tax deductible (unless you used it for home improvement on your first or second home).
Deducting Points When Refinancing - Points paid during refinancing must be deducted over the life of the loan. For a thirty-year loan, you divide the points by thirty and you get to deduct that amount each year.
However, there is an exception. If you did a “cash out”refinance and used some of the funds to improve your primary residence, a portion of the points are deductible in the year you paid them. That portion is realted to how much of the loan was used for home impovement. Save your receipts!
Deducting Property Taxes -Most homeowners pay property taxes to a local, state or foreign government. In most cases, property taxes are deductible. They must be charged uniformly against all property in the jurisdiction and must be based on the assessed value.
Many states and counties also impose property taxes for local improvement to property, such as assessment for street, sidewalks, and sewer lines. These taxes cannot be deducted. Local property taxes are deductible only if they are for maintenance or repair, or interest charges related to those benefits.
Impound Accounts -Many mortgages have impound or escrow accounts. The borrower’s payment exceeds the amount necessary to pay the principal and interest. The excess goes into an account used to pay property taxes, homeowner’s insurance and mortgage insurance. When calculating your property tax deduction, don’t deduct what you pay into that account. Only deduct what is paid from the account to the taxing authority.
Second homes are available in the Blue Ridge Mountains with an captivating view.
Penny Tow - Freelance Writer
