Apr
9
How to Deduct Mortgage Insurance, Interest, Points on Taxes
Posted by Karen Monshaugen under For Buyers, For Realty Professionals, For Sellers, General Information
Let’s look at several interest deductions that can save you money while preparing your 2007 income tax return:
1. If you are unable — or unwilling — to put down a lot of money and want a larger loan, there are two things that lenders can do. They can require that you put down only 5 or 10 percent and give you two loans: one for 80 percent and a second for the 10 or 15 percent difference.
Or, they can require that you obtain private mortgage insurance. This is coverage — which the homeowner pays for — to compensate the lender should there be a shortfall between the amount of the money received at a foreclosure sale and the loan balance. There is also mortgage insurance provided by the Federal Housing Administration (FHA); the Veteran’s Administration (VA), called a funding fee; and the Rural Housing Service’s guarantee fee.
If you entered into a transaction after Jan. 1, 2007 that included some form of mortgage insurance, you may have the right to deduct these insurance payments like home mortgage interest. However, there are some restrictions. First, the loan must be secured either by your principal residence or a vacation home that is not rented out for more than 14 days a year.
The insurance contract must have been issued after Jan. 1, 2007. The deduction is reduced by 10 percent for each $1,000 that the adjusted gross income (AGI) exceeds $100,000 (or $50,000 if you file an individual tax return). If your AGI is more than $109,000 ($54,500 if filing separately), you cannot take advantage of this deduction.
2. Mortgage interest: Interest on mortgage loans on a first or second home is fully deductible, subject to the following limitations: acquisition loans up to $1 million, and home-equity loans up to $100,000. If you are married, but file separately, the limits are split in half.
To qualify for an “acquisition loan,” you must buy, construct or substantially improve your home. If you refinance for more than the outstanding indebtedness, the excess amount does not qualify as an acquisition loan unless you use all of the excess to improve your home or treat it as a home-equity loan.
The Internal Revenue Service has ruled that one does not have to take out a separate home-equity loan to qualify for this aspect of the tax deduction. The remaining interest is treated as personal interest and is not deductible.
3. Seller-paid points: Here’s an area often overlooked by buyers. Points paid to a mortgage lender will reduce interest rates. Each point is 1 percent of the loan. And typically, for every point that you pay a lender, the interest rate will be reduced by one-eighth of a percent.
When negotiating a real estate sales contract, buyers will often ask the seller to make certain financial concessions so that a deal can be reached. Such concessions include (1) the seller paying some or all of the buyer’s closing costs, (2) the seller giving a cash credit at settlement, or (3) the seller paying some or all of the buyer’s points.
The IRS has ruled that points paid by a seller can be deducted by the purchaser; you should be able to fully deduct the entire payment from your income tax that you file for this year.
There is one drawback to deducting seller-paid points: The amount of the points paid by the seller will be used to reduce the purchaser’s tax basis — the number that will eventually be used to calculate whether a sale results in taxable capital gains. If you pay $450,000 for the property and deduct $7,200 of seller-paid points, your tax basis in the property becomes $442,800 ($450,000 minus $7,200).
Under current tax law, taxpayers who live in their house for at least two years can fully exclude from taxable income up to $250,000 of gain ($500,000 for married couples filing a joint return) on the sale of their principal residence. Thus, the lower tax basis may not be significant — unless the taxpayer makes a profit that exceeds these amounts.
Two useful IRS documents are Publication 936, entitled “Home Mortgage Interest Deductions,” and Publication 910, “IRS Guide to Free Tax Service.”
By: Benny L. Kass, www.inman.com
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