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How to Deduct Points on a Real Estate Loan

A point on a mortgage loan is one taxpayer's mortgage loan. The taxpayer
percentage point of the loan. For may not deduct the points immediately.
example, two points on a $200,000 The taxpayer must amortize the points
mortgage loan would be $4,000 ($200,000 x over the life of the loan. If the
2%). Points represent prepaid interest.A taxpayer pays the loan off early, the
taxpayer who uses the cash method of taxpayer may deduct the unamortized
accounting may deduct points paid on a points in the year paid.However, for
loan to buy or improve a principal taxpayers who live under the jurisdiction
residence as long as the points are a of the U. S. Court of Appeals for the
normal business practice in the area, are Eighth Circuit, if the taxpayer pays
reasonable in amount, and the loan is points on a mortgage loan and uses the
secured by the residence (Sections proceeds to pay off a short-term bridge
163(h)(3)(B) and 461(g)(2)). Interest, loan, the taxpayer may deduct the points
including points, on a loan to acquire or in the year paid (Huntsman v.
improve the taxpayer's residence is Commissioner, 90-2 USTC Para. 50,340,
limited to the interest on the first CA-8, 1990, rev'g 91 TC 917). The U. S.
$1,000,000 of the mortgage loan.The limit Court of Appeals for the Eighth Circuit
on deductibility of interest on a loan to has jurisdiction over taxpayers in the
acquire a residence applies to the states of Arkansas, Iowa, Minnesota,
taxpayer's principal residence and one Missouri, Nebraska, North Dakota, and
other residence (Section 163(h)(4)(A). South Dakota.If a taxpayer pays points on
However, a taxpayer may deduct points a mortgage loan to acquire undeveloped
paid in the year paid only in connection land, a commercial building, or rental
with a mortgage loan on the taxpayer's real estate, the taxpayer must amortize
primary residence (Section 461(g)(2)). If the points over the life of the loan. If
a taxpayer pays points on a mortgage loan the taxpayer pays the loan off early,
to purchase a second home, the taxpayer including a sale of the property, the
must amortize the points over the life of taxpayer may deduct the unamortized
the loan.A taxpayer claims the deduction points in the year paid.Taxpayers should
on Schedule A of Form 1040. A buyer may remember to deduct points paid in
deduct the points even if the seller pays connection with a mortgage loan to
them (Rev. Proc. 94-27, 1994-1 CB 613). A purchase or improve their principal
taxpayer who uses the accrual basis of residence, whether the purchaser or
accounting must amortize the points over seller pays the points. For points paid
the life of the loan.If a taxpayer pays in connection with a refinancing of a
points on a home equity loan, the mortgage, to obtain a home equity loan,
taxpayer may not deduct the points or to obtain a mortgage loan on rental or
immediately unless the taxpayer uses the commercial property, taxpayers should
proceeds of the home equity loan to remember to deduct the points over the
improve the property. If the taxpayer life of the loan and deduct the
does not use the proceeds of a home unamortized points in the year the
equity loan to improve the property, the taxpayer pays the loan.Alan D. Campbell
taxpayer must amortize the points over is a CPA in Arkansas and Florida and is
the life of the loan (Sections self-employed primarily as an author of
163(h)(3)(C) and 461(g)(1)).The deduction tax publications. He earned a Ph.D. in
of interest, including points, on a home accounting with an emphasis in taxation
equity loan is limited to the interest on from the University of North Texas. He is
a home equity loan up to $100,000 unless also admitted to practice before the
the taxpayer uses the home equity loan United States Tax Court. He has published
for business purposes. If the taxpayer numerous articles on tax topics in
pays the loan off early, the taxpayer may professional journals. He is the
deduct the unamortized points in the year co-author of the book Tax Strategies for
paid (Temp. Regs. Sec. the Self-Employed and the revision editor
1.163-10T(j)(3)).The same rule that of CCH Financial and Estate Planning
applies to a home equity loan also Guide, 15th edition.
generally applies to a refinancing of a




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