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2011 taxact login 7. 2011 taxact login   Ship Passenger Tax Table of Contents A tax of $3 per passenger is imposed on certain ship voyages, as explained later under Taxable situations. 2011 taxact login The tax is imposed only once for each passenger, either at the time of first embarkation or disembarkation in the United States. 2011 taxact login The person providing the voyage (the operator of the vessel) is liable for the tax. 2011 taxact login Voyage. 2011 taxact login   A voyage is the vessel's journey that includes the outward and homeward trips or passages. 2011 taxact login The voyage starts when the vessel begins to load passengers and continues until the vessel has completed at least one outward and one homeward passage. 2011 taxact login The tax may be imposed even if a passenger does not make both an outward and a homeward passage as long as the voyage begins or ends in the United States. 2011 taxact login Passenger. 2011 taxact login   A passenger is an individual carried on the vessel other than the Master or a crew member or other individual engaged in the business of the vessel or its owners. 2011 taxact login Example 1. 2011 taxact login John Smith works as a guest lecturer. 2011 taxact login The cruise line hired him for the benefit of the passengers. 2011 taxact login Therefore, he is engaged in the business of the vessel and is not a passenger. 2011 taxact login Example 2. 2011 taxact login Marian Green is a travel agent. 2011 taxact login She is taking the cruise as a promotional trip to determine if she wants to offer it to her clients. 2011 taxact login She is a passenger. 2011 taxact login Taxable situations. 2011 taxact login   There are two taxable situations. 2011 taxact login The first situation involves voyages on commercial passenger vessels extending over one or more nights. 2011 taxact login A voyage extends over one or more nights if it extends for more than 24 hours. 2011 taxact login A passenger vessel is any vessel with stateroom or berth accommodations for more than 16 passengers. 2011 taxact login   The second situation involves voyages on a commercial vessel transporting passengers engaged in gambling on the vessel beyond the territorial waters of the United States. 2011 taxact login Territorial waters of the United States are those waters within the international boundary line between the United States and any contiguous foreign country or within 3 nautical miles (3. 2011 taxact login 45 statute miles) from low tide on the coastline. 2011 taxact login If passengers participate as players in any policy game or other lottery, or any other game of chance for money or other thing of value that the owner or operator of the vessel (or their employee, agent, or franchisee) conducts, sponsors, or operates, the voyage is subject to the ship passenger tax. 2011 taxact login The tax applies regardless of the duration of the voyage. 2011 taxact login A casual, friendly game of chance with other passengers that is not conducted, sponsored, or operated by the owner or operator is not gambling for determining if the voyage is subject to the ship passenger tax. 2011 taxact login Exemptions. 2011 taxact login   The tax does not apply when a vessel is on a voyage of less than 12 hours between 2 points in the United States or if a vessel is owned or operated by a state or local government. 2011 taxact login Prev  Up  Next   Home   More Online Publications
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2011 taxact login Publication 936 - Main Content Table of Contents Part I. 2011 taxact login Home Mortgage InterestSecured Debt Qualified Home Special Situations Points Mortgage Insurance Premiums Form 1098, Mortgage Interest Statement How To Report Special Rule for Tenant-Stockholders in Cooperative Housing Corporations Part II. 2011 taxact login Limits on Home Mortgage Interest DeductionHome Acquisition Debt Home Equity Debt Grandfathered Debt Table 1 Instructions How To Get Tax HelpLow Income Taxpayer Clinics Part I. 2011 taxact login Home Mortgage Interest This part explains what you can deduct as home mortgage interest. 2011 taxact login It includes discussions on points, mortgage insurance premiums, and how to report deductible interest on your tax return. 2011 taxact login Generally, home mortgage interest is any interest you pay on a loan secured by your home (main home or a second home). 2011 taxact login The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan. 2011 taxact login You can deduct home mortgage interest if all the following conditions are met. 2011 taxact login You file Form 1040 and itemize deductions on Schedule A (Form 1040). 2011 taxact login The mortgage is a secured debt on a qualified home in which you have an ownership interest. 2011 taxact login Secured Debt and Qualified Home are explained later. 2011 taxact login  Both you and the lender must intend that the loan be repaid. 2011 taxact login Fully deductible interest. 2011 taxact login   In most cases, you can deduct all of your home mortgage interest. 2011 taxact login How much you can deduct depends on the date of the mortgage, the amount of the mortgage, and how you use the mortgage proceeds. 2011 taxact login   If all of your mortgages fit into one or more of the following three categories at all times during the year, you can deduct all of the interest on those mortgages. 2011 taxact login (If any one mortgage fits into more than one category, add the debt that fits in each category to your other debt in the same category. 2011 taxact login ) If one or more of your mortgages does not fit into any of these categories, use Part II of this publication to figure the amount of interest you can deduct. 2011 taxact login   The three categories are as follows. 2011 taxact login Mortgages you took out on or before October 13, 1987 (called grandfathered debt). 2011 taxact login Mortgages you took out after October 13, 1987, to buy, build, or improve your home (called home acquisition debt), but only if throughout 2013 these mortgages plus any grandfathered debt totaled $1 million or less ($500,000 or less if married filing separately). 2011 taxact login Mortgages you took out after October 13, 1987, other than to buy, build, or improve your home (called home equity debt), but only if throughout 2013 these mortgages totaled $100,000 or less ($50,000 or less if married filing separately) and totaled no more than the fair market value of your home reduced by (1) and (2). 2011 taxact login The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home. 2011 taxact login   See Part II for more detailed definitions of grandfathered, home acquisition, and home equity debt. 2011 taxact login    You can use Figure A to check whether your home mortgage interest is fully deductible. 2011 taxact login This image is too large to be displayed in the current screen. 2011 taxact login Please click the link to view the image. 2011 taxact login Figure A. 2011 taxact login Is My Home Mortgage Interest Fully Deductible? Secured Debt You can deduct your home mortgage interest only if your mortgage is a secured debt. 2011 taxact login A secured debt is one in which you sign an instrument (such as a mortgage, deed of trust, or land contract) that: Makes your ownership in a qualified home security for payment of the debt, Provides, in case of default, that your home could satisfy the debt, and Is recorded or is otherwise perfected under any state or local law that applies. 2011 taxact login In other words, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. 2011 taxact login If you cannot pay the debt, your home can then serve as payment to the lender to satisfy (pay) the debt. 2011 taxact login In this publication, mortgage will refer to secured debt. 2011 taxact login Debt not secured by home. 2011 taxact login   A debt is not secured by your home if it is secured solely because of a lien on your general assets or if it is a security interest that attaches to the property without your consent (such as a mechanic's lien or judgment lien). 2011 taxact login   A debt is not secured by your home if it once was, but is no longer secured by your home. 2011 taxact login Wraparound mortgage. 2011 taxact login   This is not a secured debt unless it is recorded or otherwise perfected under state law. 2011 taxact login Example. 2011 taxact login Beth owns a home subject to a mortgage of $40,000. 2011 taxact login She sells the home for $100,000 to John, who takes it subject to the $40,000 mortgage. 2011 taxact login Beth continues to make the payments on the $40,000 note. 2011 taxact login John pays $10,000 down and gives Beth a $90,000 note secured by a wraparound mortgage on the home. 2011 taxact login Beth does not record or otherwise perfect the $90,000 mortgage under the state law that applies. 2011 taxact login Therefore, the mortgage is not a secured debt and John cannot deduct any of the interest he pays on it as home mortgage interest. 2011 taxact login Choice to treat the debt as not secured by your home. 2011 taxact login   You can choose to treat any debt secured by your qualified home as not secured by the home. 2011 taxact login This treatment begins with the tax year for which you make the choice and continues for all later tax years. 2011 taxact login You can revoke your choice only with the consent of the Internal Revenue Service (IRS). 2011 taxact login   You may want to treat a debt as not secured by your home if the interest on that debt is fully deductible (for example, as a business expense) whether or not it qualifies as home mortgage interest. 2011 taxact login This may allow you, if the limits in Part II apply, more of a deduction for interest on other debts that are deductible only as home mortgage interest. 2011 taxact login Cooperative apartment owner. 2011 taxact login   If you own stock in a cooperative housing corporation, see the Special Rule for Tenant-Stockholders in Cooperative Housing Corporations , near the end of this Part I. 2011 taxact login Qualified Home For you to take a home mortgage interest deduction, your debt must be secured by a qualified home. 2011 taxact login This means your main home or your second home. 2011 taxact login A home includes a house, condominium, cooperative, mobile home, house trailer, boat, or similar property that has sleeping, cooking, and toilet facilities. 2011 taxact login The interest you pay on a mortgage on a home other than your main or second home may be deductible if the proceeds of the loan were used for business, investment, or other deductible purposes. 2011 taxact login Otherwise, it is considered personal interest and is not deductible. 2011 taxact login Main home. 2011 taxact login   You can have only one main home at any one time. 2011 taxact login This is the home where you ordinarily live most of the time. 2011 taxact login Second home. 2011 taxact login   A second home is a home that you choose to treat as your second home. 2011 taxact login Second home not rented out. 2011 taxact login   If you have a second home that you do not hold out for rent or resale to others at any time during the year, you can treat it as a qualified home. 2011 taxact login You do not have to use the home during the year. 2011 taxact login Second home rented out. 2011 taxact login   If you have a second home and rent it out part of the year, you also must use it as a home during the year for it to be a qualified home. 2011 taxact login You must use this home more than 14 days or more than 10% of the number of days during the year that the home is rented at a fair rental, whichever is longer. 2011 taxact login If you do not use the home long enough, it is considered rental property and not a second home. 2011 taxact login For information on residential rental property, see Publication 527. 2011 taxact login More than one second home. 2011 taxact login   If you have more than one second home, you can treat only one as the qualified second home during any year. 2011 taxact login However, you can change the home you treat as a second home during the year in the following situations. 2011 taxact login If you get a new home during the year, you can choose to treat the new home as your second home as of the day you buy it. 2011 taxact login If your main home no longer qualifies as your main home, you can choose to treat it as your second home as of the day you stop using it as your main home. 2011 taxact login If your second home is sold during the year or becomes your main home, you can choose a new second home as of the day you sell the old one or begin using it as your main home. 2011 taxact login Divided use of your home. 2011 taxact login   The only part of your home that is considered a qualified home is the part you use for residential living. 2011 taxact login If you use part of your home for other than residential living, such as a home office, you must allocate the use of your home. 2011 taxact login You must then divide both the cost and fair market value of your home between the part that is a qualified home and the part that is not. 2011 taxact login Dividing the cost may affect the amount of your home acquisition debt, which is limited to the cost of your home plus the cost of any improvements. 2011 taxact login (See Home Acquisition Debt in Part II. 2011 taxact login ) Dividing the fair market value may affect your home equity debt limit, also explained in Part II . 2011 taxact login Renting out part of home. 2011 taxact login   If you rent out part of a qualified home to another person (tenant), you can treat the rented part as being used by you for residential living only if all of the following conditions apply. 2011 taxact login The rented part of your home is used by the tenant primarily for residential living. 2011 taxact login The rented part of your home is not a self-contained residential unit having separate sleeping, cooking, and toilet facilities. 2011 taxact login You do not rent (directly or by sublease) the same or different parts of your home to more than two tenants at any time during the tax year. 2011 taxact login If two persons (and dependents of either) share the same sleeping quarters, they are treated as one tenant. 2011 taxact login Office in home. 2011 taxact login   If you have an office in your home that you use in your business, see Publication 587, Business Use of Your Home. 2011 taxact login It explains how to figure your deduction for the business use of your home, which includes the business part of your home mortgage interest. 2011 taxact login Home under construction. 2011 taxact login   You can treat a home under construction as a qualified home for a period of up to 24 months, but only if it becomes your qualified home at the time it is ready for occupancy. 2011 taxact login   The 24-month period can start any time on or after the day construction begins. 2011 taxact login Home destroyed. 2011 taxact login   You may be able to continue treating your home as a qualified home even after it is destroyed in a fire, storm, tornado, earthquake, or other casualty. 2011 taxact login This means you can continue to deduct the interest you pay on your home mortgage, subject to the limits described in this publication. 2011 taxact login   You can continue treating a destroyed home as a qualified home if, within a reasonable period of time after the home is destroyed, you: Rebuild the destroyed home and move into it, or Sell the land on which the home was located. 2011 taxact login   This rule applies to your main home and to a second home that you treat as a qualified home. 2011 taxact login Time-sharing arrangements. 2011 taxact login   You can treat a home you own under a time-sharing plan as a qualified home if it meets all the requirements. 2011 taxact login A time-sharing plan is an arrangement between two or more people that limits each person's interest in the home or right to use it to a certain part of the year. 2011 taxact login Rental of time-share. 2011 taxact login   If you rent out your time-share, it qualifies as a second home only if you also use it as a home during the year. 2011 taxact login See Second home rented out , earlier, for the use requirement. 2011 taxact login To know whether you meet that requirement, count your days of use and rental of the home only during the time you have a right to use it or to receive any benefits from the rental of it. 2011 taxact login Married taxpayers. 2011 taxact login   If you are married and file a joint return, your qualified home(s) can be owned either jointly or by only one spouse. 2011 taxact login Separate returns. 2011 taxact login   If you are married filing separately and you and your spouse own more than one home, you can each take into account only one home as a qualified home. 2011 taxact login However, if you both consent in writing, then one spouse can take both the main home and a second home into account. 2011 taxact login Special Situations This section describes certain items that can be included as home mortgage interest and others that cannot. 2011 taxact login It also describes certain special situations that may affect your deduction. 2011 taxact login Late payment charge on mortgage payment. 2011 taxact login   You can deduct as home mortgage interest a late payment charge if it was not for a specific service performed in connection with your mortgage loan. 2011 taxact login Mortgage prepayment penalty. 2011 taxact login   If you pay off your home mortgage early, you may have to pay a penalty. 2011 taxact login You can deduct that penalty as home mortgage interest provided the penalty is not for a specific service performed or cost incurred in connection with your mortgage loan. 2011 taxact login Sale of home. 2011 taxact login   If you sell your home, you can deduct your home mortgage interest (subject to any limits that apply) paid up to, but not including, the date of the sale. 2011 taxact login Example. 2011 taxact login John and Peggy Harris sold their home on May 7. 2011 taxact login Through April 30, they made home mortgage interest payments of $1,220. 2011 taxact login The settlement sheet for the sale of the home showed $50 interest for the 6-day period in May up to, but not including, the date of sale. 2011 taxact login Their mortgage interest deduction is $1,270 ($1,220 + $50). 2011 taxact login Prepaid interest. 2011 taxact login   If you pay interest in advance for a period that goes beyond the end of the tax year, you must spread this interest over the tax years to which it applies. 2011 taxact login You can deduct in each year only the interest that qualifies as home mortgage interest for that year. 2011 taxact login However, there is an exception that applies to points, discussed later. 2011 taxact login Mortgage interest credit. 2011 taxact login    You may be able to claim a mortgage interest credit if you were issued a mortgage credit certificate (MCC) by a state or local government. 2011 taxact login Figure the credit on Form 8396, Mortgage Interest Credit. 2011 taxact login If you take this credit, you must reduce your mortgage interest deduction by the amount of the credit. 2011 taxact login   See Form 8396 and Publication 530 for more information on the mortgage interest credit. 2011 taxact login Ministers' and military housing allowance. 2011 taxact login   If you are a minister or a member of the uniformed services and receive a housing allowance that is not taxable, you can still deduct your home mortgage interest. 2011 taxact login Hardest Hit Fund and Emergency Homeowners' Loan Programs. 2011 taxact login   You can use a special method to compute your deduction for mortgage interest and real estate taxes on your main home if you meet the following two conditions. 2011 taxact login You received assistance under: A State Housing Finance Agency (State HFA) Hardest Hit Fund program in which program payments could be used to pay mortgage interest, or An Emergency Homeowners' Loan Program administered by the Department of Housing and Urban Development (HUD) or a state. 2011 taxact login You meet the rules to deduct all of the mortgage interest on your loan and all of the real estate taxes on your main home. 2011 taxact login If you meet these tests, then you can deduct all of the payments you actually made during the year to your mortgage servicer, the State HFA, or HUD on the home mortgage (including the amount shown on box 3 of Form 1098–MA, Mortgage Assistance Payments), but not more than the sum of the amounts shown on Form 1098, Mortgage Interest Statement, in box 1 (mortgage interest received from payer(s) / borrower(s)), box 4 (mortgage insurance premiums), and box 5 (other information including real property taxes paid). 2011 taxact login However, you are not required to use this special method to compute your deduction for mortgage interest and real estate taxes on your main home. 2011 taxact login Mortgage assistance payments under section 235 of the National Housing Act. 2011 taxact login   If you qualify for mortgage assistance payments for lower-income families under section 235 of the National Housing Act, part or all of the interest on your mortgage may be paid for you. 2011 taxact login You cannot deduct the interest that is paid for you. 2011 taxact login No other effect on taxes. 2011 taxact login   Do not include these mortgage assistance payments in your income. 2011 taxact login Also, do not use these payments to reduce other deductions, such as real estate taxes. 2011 taxact login Divorced or separated individuals. 2011 taxact login   If a divorce or separation agreement requires you or your spouse or former spouse to pay home mortgage interest on a home owned by both of you, the payment of interest may be alimony. 2011 taxact login See the discussion of Payments for jointly-owned home under Alimony in Publication 504, Divorced or Separated Individuals. 2011 taxact login Redeemable ground rents. 2011 taxact login   In some states (such as Maryland), you can buy your home subject to a ground rent. 2011 taxact login A ground rent is an obligation you assume to pay a fixed amount per year on the property. 2011 taxact login Under this arrangement, you are leasing (rather than buying) the land on which your home is located. 2011 taxact login   If you make annual or periodic rental payments on a redeemable ground rent, you can deduct them as mortgage interest. 2011 taxact login   A ground rent is a redeemable ground rent if all of the following are true. 2011 taxact login Your lease, including renewal periods, is for more than 15 years. 2011 taxact login You can freely assign the lease. 2011 taxact login You have a present or future right (under state or local law) to end the lease and buy the lessor's entire interest in the land by paying a specific amount. 2011 taxact login The lessor's interest in the land is primarily a security interest to protect the rental payments to which he or she is entitled. 2011 taxact login   Payments made to end the lease and to buy the lessor's entire interest in the land are not deductible as mortgage interest. 2011 taxact login Nonredeemable ground rents. 2011 taxact login   Payments on a nonredeemable ground rent are not mortgage interest. 2011 taxact login You can deduct them as rent if they are a business expense or if they are for rental property. 2011 taxact login Reverse mortgages. 2011 taxact login   A reverse mortgage is a loan where the lender pays you (in a lump sum, a monthly advance, a line of credit, or a combination of all three) while you continue to live in your home. 2011 taxact login With a reverse mortgage, you retain title to your home. 2011 taxact login Depending on the plan, your reverse mortgage becomes due with interest when you move, sell your home, reach the end of a pre-selected loan period, or die. 2011 taxact login Because reverse mortgages are considered loan advances and not income, the amount you receive is not taxable. 2011 taxact login Any interest (including original issue discount) accrued on a reverse mortgage is not deductible until you actually pay it, which is usually when you pay off the loan in full. 2011 taxact login Your deduction may be limited because a reverse mortgage loan generally is subject to the limit on Home Equity Debt discussed in Part II. 2011 taxact login Rental payments. 2011 taxact login   If you live in a house before final settlement on the purchase, any payments you make for that period are rent and not interest. 2011 taxact login This is true even if the settlement papers call them interest. 2011 taxact login You cannot deduct these payments as home mortgage interest. 2011 taxact login Mortgage proceeds invested in tax-exempt securities. 2011 taxact login   You cannot deduct the home mortgage interest on grandfathered debt or home equity debt if you used the proceeds of the mortgage to buy securities or certificates that produce tax-free income. 2011 taxact login “Grandfathered debt” and “home equity debt” are defined in Part II of this publication. 2011 taxact login Refunds of interest. 2011 taxact login   If you receive a refund of interest in the same tax year you paid it, you must reduce your interest expense by the amount refunded to you. 2011 taxact login If you receive a refund of interest you deducted in an earlier year, you generally must include the refund in income in the year you receive it. 2011 taxact login However, you need to include it only up to the amount of the deduction that reduced your tax in the earlier year. 2011 taxact login This is true whether the interest overcharge was refunded to you or was used to reduce the outstanding principal on your mortgage. 2011 taxact login If you need to include the refund in income, report it on Form 1040, line 21. 2011 taxact login   If you received a refund of interest you overpaid in an earlier year, you generally will receive a Form 1098, Mortgage Interest Statement, showing the refund in box 3. 2011 taxact login For information about Form 1098, see Form 1098, Mortgage Interest Statement , later. 2011 taxact login   For more information on how to treat refunds of interest deducted in earlier years, see Recoveries in Publication 525, Taxable and Nontaxable Income. 2011 taxact login Cooperative apartment owner. 2011 taxact login   If you own a cooperative apartment, you must reduce your home mortgage interest deduction by your share of any cash portion of a patronage dividend that the cooperative receives. 2011 taxact login The patronage dividend is a partial refund to the cooperative housing corporation of mortgage interest it paid in a prior year. 2011 taxact login   If you receive a Form 1098 from the cooperative housing corporation, the form should show only the amount you can deduct. 2011 taxact login Points The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a home mortgage. 2011 taxact login Points may also be called loan origination fees, maximum loan charges, loan discount, or discount points. 2011 taxact login This image is too large to be displayed in the current screen. 2011 taxact login Please click the link to view the image. 2011 taxact login Figure B. 2011 taxact login Are My Points Fully Deductible This Year? A borrower is treated as paying any points that a home seller pays for the borrower's mortgage. 2011 taxact login See Points paid by the seller , later. 2011 taxact login General Rule You generally cannot deduct the full amount of points in the year paid. 2011 taxact login Because they are prepaid interest, you generally deduct them ratably over the life (term) of the mortgage. 2011 taxact login See Deduction Allowed Ratably , next. 2011 taxact login For exceptions to the general rule, see Deduction Allowed in Year Paid , later. 2011 taxact login Deduction Allowed Ratably If you do not meet the tests listed under Deduction Allowed in Year Paid , later, the loan is not a home improvement loan, or you choose not to deduct your points in full in the year paid, you can deduct the points ratably (equally) over the life of the loan if you meet all the following tests. 2011 taxact login You use the cash method of accounting. 2011 taxact login This means you report income in the year you receive it and deduct expenses in the year you pay them. 2011 taxact login Most individuals use this method. 2011 taxact login Your loan is secured by a home. 2011 taxact login (The home does not need to be your main home. 2011 taxact login ) Your loan period is not more than 30 years. 2011 taxact login If your loan period is more than 10 years, the terms of your loan are the same as other loans offered in your area for the same or longer period. 2011 taxact login Either your loan amount is $250,000 or less, or the number of points is not more than: 4, if your loan period is 15 years or less, or 6, if your loan period is more than 15 years. 2011 taxact login Example. 2011 taxact login You use the cash method of accounting. 2011 taxact login In 2013, you took out a $100,000 loan payable over 20 years. 2011 taxact login The terms of the loan are the same as for other 20-year loans offered in your area. 2011 taxact login You paid $4,800 in points. 2011 taxact login You made 3 monthly payments on the loan in 2013. 2011 taxact login You can deduct $60 [($4,800 ÷ 240 months) x 3 payments] in 2013. 2011 taxact login In 2014, if you make all twelve payments, you will be able to deduct $240 ($20 x 12). 2011 taxact login Deduction Allowed in Year Paid You can fully deduct points in the year paid if you meet all the following tests. 2011 taxact login (You can use Figure B as a quick guide to see whether your points are fully deductible in the year paid. 2011 taxact login ) Your loan is secured by your main home. 2011 taxact login (Your main home is the one you ordinarily live in most of the time. 2011 taxact login ) Paying points is an established business practice in the area where the loan was made. 2011 taxact login The points paid were not more than the points generally charged in that area. 2011 taxact login You use the cash method of accounting. 2011 taxact login This means you report income in the year you receive it and deduct expenses in the year you pay them. 2011 taxact login Most individuals use this method. 2011 taxact login The points were not paid in place of amounts that ordinarily are stated separately on the settlement statement, such as appraisal fees, inspection fees, title fees, attorney fees, and property taxes. 2011 taxact login The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged. 2011 taxact login The funds you provided are not required to have been applied to the points. 2011 taxact login They can include a down payment, an escrow deposit, earnest money, and other funds you paid at or before closing for any purpose. 2011 taxact login You cannot have borrowed these funds from your lender or mortgage broker. 2011 taxact login You use your loan to buy or build your main home. 2011 taxact login The points were computed as a percentage of the principal amount of the mortgage. 2011 taxact login The amount is clearly shown on the settlement statement (such as the Settlement Statement, Form HUD-1) as points charged for the mortgage. 2011 taxact login The points may be shown as paid from either your funds or the seller's. 2011 taxact login Note. 2011 taxact login If you meet all of these tests, you can choose to either fully deduct the points in the year paid, or deduct them over the life of the loan. 2011 taxact login Home improvement loan. 2011 taxact login   You can also fully deduct in the year paid points paid on a loan to improve your main home, if tests (1) through (6) are met. 2011 taxact login Second home. 2011 taxact login You cannot fully deduct in the year paid points you pay on loans secured by your second home. 2011 taxact login You can deduct these points only over the life of the loan. 2011 taxact login Refinancing. 2011 taxact login   Generally, points you pay to refinance a mortgage are not deductible in full in the year you pay them. 2011 taxact login This is true even if the new mortgage is secured by your main home. 2011 taxact login   However, if you use part of the refinanced mortgage proceeds to improve your main home and you meet the first 6 tests listed under Deduction Allowed in Year Paid , you can fully deduct the part of the points related to the improvement in the year you paid them with your own funds. 2011 taxact login You can deduct the rest of the points over the life of the loan. 2011 taxact login Example 1. 2011 taxact login In 1998, Bill Fields got a mortgage to buy a home. 2011 taxact login In 2013, Bill refinanced that mortgage with a 15-year $100,000 mortgage loan. 2011 taxact login The mortgage is secured by his home. 2011 taxact login To get the new loan, he had to pay three points ($3,000). 2011 taxact login Two points ($2,000) were for prepaid interest, and one point ($1,000) was charged for services, in place of amounts that ordinarily are stated separately on the settlement statement. 2011 taxact login Bill paid the points out of his private funds, rather than out of the proceeds of the new loan. 2011 taxact login The payment of points is an established practice in the area, and the points charged are not more than the amount generally charged there. 2011 taxact login Bill's first payment on the new loan was due July 1. 2011 taxact login He made six payments on the loan in 2013 and is a cash basis taxpayer. 2011 taxact login Bill used the funds from the new mortgage to repay his existing mortgage. 2011 taxact login Although the new mortgage loan was for Bill's continued ownership of his main home, it was not for the purchase or improvement of that home. 2011 taxact login He cannot deduct all of the points in 2013. 2011 taxact login He can deduct two points ($2,000) ratably over the life of the loan. 2011 taxact login He deducts $67 [($2,000 ÷ 180 months) × 6 payments] of the points in 2013. 2011 taxact login The other point ($1,000) was a fee for services and is not deductible. 2011 taxact login Example 2. 2011 taxact login The facts are the same as in Example 1, except that Bill used $25,000 of the loan proceeds to improve his home and $75,000 to repay his existing mortgage. 2011 taxact login Bill deducts 25% ($25,000 ÷ $100,000) of the points ($2,000) in 2013. 2011 taxact login His deduction is $500 ($2,000 × 25%). 2011 taxact login Bill also deducts the ratable part of the remaining $1,500 ($2,000 − $500) that must be spread over the life of the loan. 2011 taxact login This is $50 [($1,500 ÷ 180 months) × 6 payments] in 2013. 2011 taxact login The total amount Bill deducts in 2013 is $550 ($500 + $50). 2011 taxact login Special Situations This section describes certain special situations that may affect your deduction of points. 2011 taxact login Original issue discount. 2011 taxact login   If you do not qualify to either deduct the points in the year paid or deduct them ratably over the life of the loan, or if you choose not to use either of these methods, the points reduce the issue price of the loan. 2011 taxact login This reduction results in original issue discount, which is discussed in chapter 4 of Publication 535. 2011 taxact login Amounts charged for services. 2011 taxact login    Amounts charged by the lender for specific services connected to the loan are not interest. 2011 taxact login Examples of these charges are: Appraisal fees, Notary fees, and Preparation costs for the mortgage note or deed of trust. 2011 taxact login  You cannot deduct these amounts as points either in the year paid or over the life of the mortgage. 2011 taxact login Points paid by the seller. 2011 taxact login   The term “points” includes loan placement fees that the seller pays to the lender to arrange financing for the buyer. 2011 taxact login Treatment by seller. 2011 taxact login   The seller cannot deduct these fees as interest. 2011 taxact login But they are a selling expense that reduces the amount realized by the seller. 2011 taxact login See Publication 523 for information on selling your home. 2011 taxact login Treatment by buyer. 2011 taxact login   The buyer reduces the basis of the home by the amount of the seller-paid points and treats the points as if he or she had paid them. 2011 taxact login If all the tests under Deduction Allowed in Year Paid , earlier, are met, the buyer can deduct the points in the year paid. 2011 taxact login If any of those tests are not met, the buyer deducts the points over the life of the loan. 2011 taxact login   If you need information about the basis of your home, see Publication 523 or Publication 530. 2011 taxact login Funds provided are less than points. 2011 taxact login   If you meet all the tests in Deduction Allowed in Year Paid , earlier, except that the funds you provided were less than the points charged to you (test (6)), you can deduct the points in the year paid, up to the amount of funds you provided. 2011 taxact login In addition, you can deduct any points paid by the seller. 2011 taxact login Example 1. 2011 taxact login When you took out a $100,000 mortgage loan to buy your home in December, you were charged one point ($1,000). 2011 taxact login You meet all the tests for deducting points in the year paid, except the only funds you provided were a $750 down payment. 2011 taxact login Of the $1,000 charged for points, you can deduct $750 in the year paid. 2011 taxact login You spread the remaining $250 over the life of the mortgage. 2011 taxact login Example 2. 2011 taxact login The facts are the same as in Example 1, except that the person who sold you your home also paid one point ($1,000) to help you get your mortgage. 2011 taxact login In the year paid, you can deduct $1,750 ($750 of the amount you were charged plus the $1,000 paid by the seller). 2011 taxact login You spread the remaining $250 over the life of the mortgage. 2011 taxact login You must reduce the basis of your home by the $1,000 paid by the seller. 2011 taxact login Excess points. 2011 taxact login   If you meet all the tests in Deduction Allowed in Year Paid , earlier, except that the points paid were more than generally paid in your area (test (3)), you deduct in the year paid only the points that are generally charged. 2011 taxact login You must spread any additional points over the life of the mortgage. 2011 taxact login Mortgage ending early. 2011 taxact login   If you spread your deduction for points over the life of the mortgage, you can deduct any remaining balance in the year the mortgage ends. 2011 taxact login However, if you refinance the mortgage with the same lender, you cannot deduct any remaining balance of spread points. 2011 taxact login Instead, deduct the remaining balance over the term of the new loan. 2011 taxact login   A mortgage may end early due to a prepayment, refinancing, foreclosure, or similar event. 2011 taxact login Example. 2011 taxact login Dan paid $3,000 in points in 2002 that he had to spread out over the 15-year life of the mortgage. 2011 taxact login He deducts $200 points per year. 2011 taxact login Through 2012, Dan has deducted $2,200 of the points. 2011 taxact login Dan prepaid his mortgage in full in 2013. 2011 taxact login He can deduct the remaining $800 of points in 2013. 2011 taxact login Limits on deduction. 2011 taxact login   You cannot fully deduct points paid on a mortgage that exceeds the limits discussed in Part II . 2011 taxact login See the Table 1 Instructions for line 10. 2011 taxact login Form 1098. 2011 taxact login    The mortgage interest statement you receive should show not only the total interest paid during the year, but also your deductible points paid during the year. 2011 taxact login See Form 1098, Mortgage Interest Statement , later. 2011 taxact login Mortgage Insurance Premiums You can treat amounts you paid during 2013 for qualified mortgage insurance as home mortgage interest. 2011 taxact login The insurance must be in connection with home acquisition debt, and the insurance contract must have been issued after 2006. 2011 taxact login Qualified mortgage insurance. 2011 taxact login   Qualified mortgage insurance is mortgage insurance provided by the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Service, and private mortgage insurance (as defined in section 2 of the Homeowners Protection Act of 1998 as in effect on December 20, 2006). 2011 taxact login   Mortgage insurance provided by the Department of Veterans Affairs is commonly known as a funding fee. 2011 taxact login If provided by the Rural Housing Service, it is commonly known as a guarantee fee. 2011 taxact login The funding fee and guarantee fee can either be included in the amount of the loan or paid in full at the time of closing. 2011 taxact login These fees can be deducted fully in 2013 if the mortgage insurance contract was issued in 2013. 2011 taxact login Contact the mortgage insurance issuer to determine the deductible amount if it is not reported in box 4 of Form 1098. 2011 taxact login Special rules for prepaid mortgage insurance. 2011 taxact login   Generally, if you paid premiums for qualified mortgage insurance that are properly allocable to periods after the close of the tax year, such premiums are treated as paid in the period to which they are allocated. 2011 taxact login You must allocate the premiums over the shorter of the stated term of the mortgage or 84 months, beginning with the month the insurance was obtained. 2011 taxact login No deduction is allowed for the unamortized balance if the mortgage is satisfied before its term. 2011 taxact login This paragraph does not apply to qualified mortgage insurance provided by the Department of Veterans Affairs or the Rural Housing Service. 2011 taxact login Example. 2011 taxact login Ryan purchased a home in May of 2012 and financed the home with a 15-year mortgage. 2011 taxact login Ryan also prepaid all of the $9,240 in private mortgage insurance required at the time of closing in May. 2011 taxact login Since the $9,240 in private mortgage insurance is allocable to periods after 2012, Ryan must allocate the $9,240 over the shorter of the life of the mortgage or 84 months. 2011 taxact login Ryan's adjusted gross income (AGI) for 2012 is $76,000. 2011 taxact login Ryan can deduct $880 ($9,240 ÷ 84 x 8 months) for qualified mortgage insurance premiums in 2012. 2011 taxact login For 2013, Ryan can deduct $1,320 ($9,240 ÷ 84 x 12 months) if his AGI is $100,000 or less. 2011 taxact login In this example, the mortgage insurance premiums are allocated over 84 months, which is shorter than the life of the mortgage of 15 years (180 months). 2011 taxact login Limit on deduction. 2011 taxact login   If your adjusted gross income on Form 1040, line 38, is more than $100,000 ($50,000 if your filing status is married filing separately), the amount of your mortgage insurance premiums that are otherwise deductible is reduced and may be eliminated. 2011 taxact login See Line 13 in the instructions for Schedule A (Form 1040) and complete the Mortgage Insurance Premiums Deduction Worksheet to figure the amount you can deduct. 2011 taxact login If your adjusted gross income is more than $109,000 ($54,500 if married filing separately), you cannot deduct your mortgage insurance premiums. 2011 taxact login Form 1098. 2011 taxact login   The mortgage interest statement you receive should show not only the total interest paid during the year, but also your mortgage insurance premiums paid during the year, which may qualify to be treated as deductible mortgage interest. 2011 taxact login See Form 1098, Mortgage Interest Statement, next. 2011 taxact login Form 1098, Mortgage Interest Statement If you paid $600 or more of mortgage interest (including certain points and mortgage insurance premiums) during the year on any one mortgage, you generally will receive a Form 1098 or a similar statement from the mortgage holder. 2011 taxact login You will receive the statement if you pay interest to a person (including a financial institution or cooperative housing corporation) in the course of that person's trade or business. 2011 taxact login A governmental unit is a person for purposes of furnishing the statement. 2011 taxact login The statement for each year should be sent to you by January 31 of the following year. 2011 taxact login A copy of this form will also be sent to the IRS. 2011 taxact login The statement will show the total interest you paid during the year, any mortgage insurance premiums you paid, and if you purchased a main home during the year, it also will show the deductible points paid during the year, including seller-paid points. 2011 taxact login However, it should not show any interest that was paid for you by a government agency. 2011 taxact login As a general rule, Form 1098 will include only points that you can fully deduct in the year paid. 2011 taxact login However, certain points not included on Form 1098 also may be deductible, either in the year paid or over the life of the loan. 2011 taxact login See the earlier discussion of Points to determine whether you can deduct points not shown on Form 1098. 2011 taxact login Prepaid interest on Form 1098. 2011 taxact login   If you prepaid interest in 2013 that accrued in full by January 15, 2014, this prepaid interest may be included in box 1 of Form 1098. 2011 taxact login However, you cannot deduct the prepaid amount for January 2014 in 2013. 2011 taxact login (See Prepaid interest , earlier. 2011 taxact login ) You will have to figure the interest that accrued for 2014 and subtract it from the amount in box 1. 2011 taxact login You will include the interest for January 2014 with other interest you pay for 2014. 2011 taxact login Refunded interest. 2011 taxact login   If you received a refund of mortgage interest you overpaid in an earlier year, you generally will receive a Form 1098 showing the refund in box 3. 2011 taxact login See Refunds of interest , earlier. 2011 taxact login Mortgage insurance premiums. 2011 taxact login   The amount of mortgage insurance premiums you paid during 2013 may be shown in Box 4 of Form 1098. 2011 taxact login See Mortgage Insurance Premiums , earlier. 2011 taxact login How To Report Deduct the home mortgage interest and points reported to you on Form 1098 on Schedule A (Form 1040), line 10. 2011 taxact login If you paid more deductible interest to the financial institution than the amount shown on Form 1098, show the larger deductible amount on line 10. 2011 taxact login Attach a statement explaining the difference and print “See attached” next to line 10. 2011 taxact login Deduct home mortgage interest that was not reported to you on Form 1098 on Schedule A (Form 1040), line 11. 2011 taxact login If you paid home mortgage interest to the person from whom you bought your home, show that person's name, address, and taxpayer identification number (TIN) on the dotted lines next to line 11. 2011 taxact login The seller must give you this number and you must give the seller your TIN. 2011 taxact login A Form W-9, Request for Taxpayer Identification Number and Certification, can be used for this purpose. 2011 taxact login Failure to meet any of these requirements may result in a $50 penalty for each failure. 2011 taxact login The TIN can be either a social security number, an individual taxpayer identification number (issued by the Internal Revenue Service), or an employer identification number. 2011 taxact login If you can take a deduction for points that were not reported to you on Form 1098, deduct those points on Schedule A (Form 1040), line 12. 2011 taxact login Deduct mortgage insurance premiums on Schedule A (Form 1040), line 13. 2011 taxact login More than one borrower. 2011 taxact login   If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest on a mortgage that was for your home, and the other person received a Form 1098 showing the interest that was paid during the year, attach a statement to your return explaining this. 2011 taxact login Show how much of the interest each of you paid, and give the name and address of the person who received the form. 2011 taxact login Deduct your share of the interest on Schedule A (Form 1040), line 11, and print “See attached” next to the line. 2011 taxact login Also, deduct your share of any qualified mortgage insurance premiums on Schedule A (Form 1040), line 13. 2011 taxact login   Similarly, if you are the payer of record on a mortgage on which there are other borrowers entitled to a deduction for the interest shown on the Form 1098 you received, deduct only your share of the interest on Schedule A (Form 1040), line 10. 2011 taxact login Let each of the other borrowers know what his or her share is. 2011 taxact login Mortgage proceeds used for business or investment. 2011 taxact login   If your home mortgage interest deduction is limited under the rules explained in Part II , but all or part of the mortgage proceeds were used for business, investment, or other deductible activities, see Table 2 near the end of this publication. 2011 taxact login It shows where to deduct the part of your excess interest that is for those activities. 2011 taxact login The Table 1 Instructions for line 13 in Part II explain how to divide the excess interest among the activities for which the mortgage proceeds were used. 2011 taxact login Special Rule for Tenant-Stockholders in Cooperative Housing Corporations A qualified home includes stock in a cooperative housing corporation owned by a tenant-stockholder. 2011 taxact login This applies only if the tenant-stockholder is entitled to live in the house or apartment because of owning stock in the cooperative. 2011 taxact login Cooperative housing corporation. 2011 taxact login   This is a corporation that meets all of the following conditions. 2011 taxact login Has only one class of stock outstanding, Has no stockholders other than those who own the stock that can live in a house, apartment, or house trailer owned or leased by the corporation, Has no stockholders who can receive any distribution out of capital other than on a liquidation of the corporation, and Meets at least one of the following requirements. 2011 taxact login Receives at least 80% of its gross income for the year in which the mortgage interest is paid or incurred from tenant-stockholders. 2011 taxact login For this purpose, gross income is all income received during the entire year, including amounts received before the corporation changed to cooperative ownership. 2011 taxact login At all times during the year, at least 80% of the total square footage of the corporation's property is used or available for use by the tenant-stockholders for residential or residential-related use. 2011 taxact login At least 90% of the corporation's expenditures paid or incurred during the year are for the acquisition, construction, management, maintenance, or care of corporate property for the benefit of the tenant-stockholders. 2011 taxact login Stock used to secure debt. 2011 taxact login   In some cases, you cannot use your cooperative housing stock to secure a debt because of either: Restrictions under local or state law, or Restrictions in the cooperative agreement (other than restrictions in which the main purpose is to permit the tenant- stockholder to treat unsecured debt as secured debt). 2011 taxact login However, you can treat a debt as secured by the stock to the extent that the proceeds are used to buy the stock under the allocation of interest rules. 2011 taxact login See chapter 4 of Publication 535 for details on these rules. 2011 taxact login Figuring deductible home mortgage interest. 2011 taxact login   Generally, if you are a tenant-stockholder, you can deduct payments you make for your share of the interest paid or incurred by the cooperative. 2011 taxact login The interest must be on a debt to buy, build, change, improve, or maintain the cooperative's housing, or on a debt to buy the land. 2011 taxact login   Figure your share of this interest by multiplying the total by the following fraction. 2011 taxact login      Your shares of stock in the cooperative   The total shares of stock in the cooperative Limits on deduction. 2011 taxact login   To figure how the limits discussed in Part II apply to you, treat your share of the cooperative's debt as debt incurred by you. 2011 taxact login The cooperative should determine your share of its grandfathered debt, its home acquisition debt, and its home equity debt. 2011 taxact login (Your share of each of these types of debt is equal to the average balance of each debt multiplied by the fraction just given. 2011 taxact login ) After your share of the average balance of each type of debt is determined, you include it with the average balance of that type of debt secured by your stock. 2011 taxact login Form 1098. 2011 taxact login    The cooperative should give you a Form 1098 showing your share of the interest. 2011 taxact login Use the rules in this publication to determine your deductible mortgage interest. 2011 taxact login Part II. 2011 taxact login Limits on Home Mortgage Interest Deduction This part of the publication discusses the limits on deductible home mortgage interest. 2011 taxact login These limits apply to your home mortgage interest expense if you have a home mortgage that does not fit into any of the three categories listed at the beginning of Part I under Fully deductible interest . 2011 taxact login Your home mortgage interest deduction is limited to the interest on the part of your home mortgage debt that is not more than your qualified loan limit. 2011 taxact login This is the part of your home mortgage debt that is grandfathered debt or that is not more than the limits for home acquisition debt and home equity debt. 2011 taxact login Table 1 can help you figure your qualified loan limit and your deductible home mortgage interest. 2011 taxact login Home Acquisition Debt Home acquisition debt is a mortgage you took out after October 13, 1987, to buy, build, or substantially improve a qualified home (your main or second home). 2011 taxact login It also must be secured by that home. 2011 taxact login If the amount of your mortgage is more than the cost of the home plus the cost of any substantial improvements, only the debt that is not more than the cost of the home plus improvements qualifies as home acquisition debt. 2011 taxact login The additional debt may qualify as home equity debt (discussed later). 2011 taxact login Home acquisition debt limit. 2011 taxact login   The total amount you can treat as home acquisition debt at any time on your main home and second home cannot be more than $1 million ($500,000 if married filing separately). 2011 taxact login This limit is reduced (but not below zero) by the amount of your grandfathered debt (discussed later). 2011 taxact login Debt over this limit may qualify as home equity debt (also discussed later). 2011 taxact login Refinanced home acquisition debt. 2011 taxact login   Any secured debt you use to refinance home acquisition debt is treated as home acquisition debt. 2011 taxact login However, the new debt will qualify as home acquisition debt only up to the amount of the balance of the old mortgage principal just before the refinancing. 2011 taxact login Any additional debt not used to buy, build, or substantially improve a qualified home is not home acquisition debt, but may qualify as home equity debt (discussed later). 2011 taxact login Mortgage that qualifies later. 2011 taxact login   A mortgage that does not qualify as home acquisition debt because it does not meet all the requirements may qualify at a later time. 2011 taxact login For example, a debt that you use to buy your home may not qualify as home acquisition debt because it is not secured by the home. 2011 taxact login However, if the debt is later secured by the home, it may qualify as home acquisition debt after that time. 2011 taxact login Similarly, a debt that you use to buy property may not qualify because the property is not a qualified home. 2011 taxact login However, if the property later becomes a qualified home, the debt may qualify after that time. 2011 taxact login Mortgage treated as used to buy, build, or improve home. 2011 taxact login   A mortgage secured by a qualified home may be treated as home acquisition debt, even if you do not actually use the proceeds to buy, build, or substantially improve the home. 2011 taxact login This applies in the following situations. 2011 taxact login You buy your home within 90 days before or after the date you take out the mortgage. 2011 taxact login The home acquisition debt is limited to the home's cost, plus the cost of any substantial improvements within the limit described below in (2) or (3). 2011 taxact login (See Example 1 later. 2011 taxact login ) You build or improve your home and take out the mortgage before the work is completed. 2011 taxact login The home acquisition debt is limited to the amount of the expenses incurred within 24 months before the date of the mortgage. 2011 taxact login You build or improve your home and take out the mortgage within 90 days after the work is completed. 2011 taxact login The home acquisition debt is limited to the amount of the expenses incurred within the period beginning 24 months before the work is completed and ending on the date of the mortgage. 2011 taxact login (See Example 2 later. 2011 taxact login ) Example 1. 2011 taxact login You bought your main home on June 3 for $175,000. 2011 taxact login You paid for the home with cash you got from the sale of your old home. 2011 taxact login On July 15, you took out a mortgage of $150,000 secured by your main home. 2011 taxact login You used the $150,000 to invest in stocks. 2011 taxact login You can treat the mortgage as taken out to buy your home because you bought the home within 90 days before you took out the mortgage. 2011 taxact login The entire mortgage qualifies as home acquisition debt because it was not more than the home's cost. 2011 taxact login Example 2. 2011 taxact login On January 31, John began building a home on the lot that he owned. 2011 taxact login He used $45,000 of his personal funds to build the home. 2011 taxact login The home was completed on October 31. 2011 taxact login On November 21, John took out a $36,000 mortgage that was secured by the home. 2011 taxact login The mortgage can be treated as used to build the home because it was taken out within 90 days after the home was completed. 2011 taxact login The entire mortgage qualifies as home acquisition debt because it was not more than the expenses incurred within the period beginning 24 months before the home was completed. 2011 taxact login This is illustrated by Figure C. 2011 taxact login   Please click here for the text description of the image. 2011 taxact login Figure C. 2011 taxact login John's example Date of the mortgage. 2011 taxact login   The date you take out your mortgage is the day the loan proceeds are disbursed. 2011 taxact login This is generally the closing date. 2011 taxact login You can treat the day you apply in writing for your mortgage as the date you take it out. 2011 taxact login However, this applies only if you receive the loan proceeds within a reasonable time (such as within 30 days) after your application is approved. 2011 taxact login If a timely application you make is rejected, a reasonable additional time will be allowed to make a new application. 2011 taxact login Cost of home or improvements. 2011 taxact login   To determine your cost, include amounts paid to acquire any interest in a qualified home or to substantially improve the home. 2011 taxact login   The cost of building or substantially improving a qualified home includes the costs to acquire real property and building materials, fees for architects and design plans, and required building permits. 2011 taxact login Substantial improvement. 2011 taxact login   An improvement is substantial if it: Adds to the value of your home, Prolongs your home's useful life, or Adapts your home to new uses. 2011 taxact login    Repairs that maintain your home in good condition, such as repainting your home, are not substantial improvements. 2011 taxact login However, if you paint your home as part of a renovation that substantially improves your qualified home, you can include the painting costs in the cost of the improvements. 2011 taxact login Acquiring an interest in a home because of a divorce. 2011 taxact login   If you incur debt to acquire the interest of a spouse or former spouse in a home, because of a divorce or legal separation, you can treat that debt as home acquisition debt. 2011 taxact login Part of home not a qualified home. 2011 taxact login    To figure your home acquisition debt, you must divide the cost of your home and improvements between the part of your home that is a qualified home and any part that is not a qualified home. 2011 taxact login See Divided use of your home under Qualified Home in Part I. 2011 taxact login Home Equity Debt If you took out a loan for reasons other than to buy, build, or substantially improve your home, it may qualify as home equity debt. 2011 taxact login In addition, debt you incurred to buy, build, or substantially improve your home, to the extent it is more than the home acquisition debt limit (discussed earlier), may qualify as home equity debt. 2011 taxact login Home equity debt is a mortgage you took out after October 13, 1987, that: Does not qualify as home acquisition debt or as grandfathered debt, and Is secured by your qualified home. 2011 taxact login Example. 2011 taxact login You bought your home for cash 10 years ago. 2011 taxact login You did not have a mortgage on your home until last year, when you took out a $50,000 loan, secured by your home, to pay for your daughter's college tuition and your father's medical bills. 2011 taxact login This loan is home equity debt. 2011 taxact login Home equity debt limit. 2011 taxact login   There is a limit on the amount of debt that can be treated as home equity debt. 2011 taxact login The total home equity debt on your main home and second home is limited to the smaller of: $100,000 ($50,000 if married filing separately), or The total of each home's fair market value (FMV) reduced (but not below zero) by the amount of its home acquisition debt and grandfathered debt. 2011 taxact login Determine the FMV and the outstanding home acquisition and grandfathered debt for each home on the date that the last debt was secured by the home. 2011 taxact login Example. 2011 taxact login You own one home that you bought in 2000. 2011 taxact login Its FMV now is $110,000, and the current balance on your original mortgage (home acquisition debt) is $95,000. 2011 taxact login Bank M offers you a home mortgage loan of 125% of the FMV of the home less any outstanding mortgages or other liens. 2011 taxact login To consolidate some of your other debts, you take out a $42,500 home mortgage loan [(125% × $110,000) − $95,000] with Bank M. 2011 taxact login Your home equity debt is limited to $15,000. 2011 taxact login This is the smaller of: $100,000, the maximum limit, or $15,000, the amount that the FMV of $110,000 exceeds the amount of home acquisition debt of $95,000. 2011 taxact login Debt higher than limit. 2011 taxact login   Interest on amounts over the home equity debt limit (such as the interest on $27,500 [$42,500 − $15,000] in the preceding example) generally is treated as personal interest and is not deductible. 2011 taxact login But if the proceeds of the loan were used for investment, business, or other deductible purposes, the interest may be deductible. 2011 taxact login If it is, see the Table 1 Instructions for line 13 for an explanation of how to allocate the excess interest. 2011 taxact login Part of home not a qualified home. 2011 taxact login   To figure the limit on your home equity debt, you must divide the FMV of your home between the part that is a qualified home and any part that is not a qualified home. 2011 taxact login See Divided use of your home under Qualified Home in Part I. 2011 taxact login Fair market value (FMV). 2011 taxact login    This is the price at which the home would change hands between you and a buyer, neither having to sell or buy, and both having reasonable knowledge of all relevant facts. 2011 taxact login Sales of similar homes in your area, on about the same date your last debt was secured by the home, may be helpful in figuring the FMV. 2011 taxact login Grandfathered Debt If you took out a mortgage on your home before October 14, 1987, or you refinanced such a mortgage, it may qualify as grandfathered debt. 2011 taxact login To qualify, it must have been secured by your qualified home on October 13, 1987, and at all times after that date. 2011 taxact login How you used the proceeds does not matter. 2011 taxact login Grandfathered debt is not limited. 2011 taxact login All of the interest you paid on grandfathered debt is fully deductible home mortgage interest. 2011 taxact login However, the amount of your grandfathered debt reduces the $1 million limit for home acquisition debt and the limit based on your home's fair market value for home equity debt. 2011 taxact login Refinanced grandfathered debt. 2011 taxact login   If you refinanced grandfathered debt after October 13, 1987, for an amount that was not more than the mortgage principal left on the debt, then you still treat it as grandfathered debt. 2011 taxact login To the extent the new debt is more than that mortgage principal, it is treated as home acquisition or home equity debt, and the mortgage is a mixed-use mortgage (discussed later under Average Mortgage Balance in the Table 1 instructions). 2011 taxact login The debt must be secured by the qualified home. 2011 taxact login   You treat grandfathered debt that was refinanced after October 13, 1987, as grandfathered debt only for the term left on the debt that was refinanced. 2011 taxact login After that, you treat it as home acquisition debt or home equity debt, depending on how you used the proceeds. 2011 taxact login Exception. 2011 taxact login   If the debt before refinancing was like a balloon note (the principal on the debt was not amortized over the term of the debt), then you treat the refinanced debt as grandfathered debt for the term of the first refinancing. 2011 taxact login This term cannot be more than 30 years. 2011 taxact login Example. 2011 taxact login Chester took out a $200,000 first mortgage on his home in 1986. 2011 taxact login The mortgage was a five-year balloon note and the entire balance on the note was due in 1991. 2011 taxact login Chester refinanced the debt in 1991 with a new 20-year mortgage. 2011 taxact login The refinanced debt is treated as grandfathered debt for its entire term (20 years). 2011 taxact login Line-of-credit mortgage. 2011 taxact login    If you had a line-of-credit mortgage on October 13, 1987, and borrowed additional amounts against it after that date, then the additional amounts are either home acquisition debt or home equity debt depending on how you used the proceeds. 2011 taxact login The balance on the mortgage before you borrowed the additional amounts is grandfathered debt. 2011 taxact login The newly borrowed amounts are not grandfathered debt because the funds were borrowed after October 13, 1987. 2011 taxact login See Average Mortgage Balance in the Table 1 Instructions that follow. 2011 taxact login Table 1 Instructions Unless you are subject to the overall limit on itemized deductions, you can deduct all of the interest you paid during the year on mortgages secured by your main home or second home in either of the following two situations. 2011 taxact login All the mortgages are grandfathered debt. 2011 taxact login The total of the mortgage balances for the entire year is within the limits discussed earlier under Home Acquisition Debt and Home Equity Debt . 2011 taxact login In either of those cases, you do not need Table 1. 2011 taxact login Otherwise, you can use Table 1 to determine your qualified loan limit and deductible home mortgage interest. 2011 taxact login Fill out only one Table 1 for both your main and second home regardless of how many mortgages you have. 2011 taxact login Table 1. 2011 taxact login Worksheet To Figure Your Qualified Loan Limit and Deductible Home Mortgage Interest For the Current Year See the Table 1 Instructions. 2011 taxact login Part I Qualified Loan Limit 1. 2011 taxact login Enter the average balance of all your grandfathered debt. 2011 taxact login See line 1 instructions 1. 2011 taxact login   2. 2011 taxact login Enter the average balance of all your home acquisition debt. 2011 taxact login See line 2 instructions 2. 2011 taxact login   3. 2011 taxact login Enter $1,000,000 ($500,000 if married filing separately) 3. 2011 taxact login   4. 2011 taxact login Enter the larger of the amount on line 1 or the amount on line 3 4. 2011 taxact login   5. 2011 taxact login Add the amounts on lines 1 and 2. 2011 taxact login Enter the total here 5. 2011 taxact login   6. 2011 taxact login Enter the smaller of the amount on line 4 or the amount on line 5 6. 2011 taxact login   7. 2011 taxact login If you have home equity debt, enter the smaller of $100,000 ($50,000 if married filing separately) or your limited amount. 2011 taxact login See the line 7 instructions for the limit which may apply to you. 2011 taxact login 7. 2011 taxact login   8. 2011 taxact login Add the amounts on lines 6 and 7. 2011 taxact login Enter the total. 2011 taxact login This is your qualified loan limit. 2011 taxact login 8. 2011 taxact login   Part II Deductible Home Mortgage Interest 9. 2011 taxact login Enter the total of the average balances of all mortgages on all qualified homes. 2011 taxact login  See line 9 instructions 9. 2011 taxact login     If line 8 is less than line 9, go on to line 10. 2011 taxact login If line 8 is equal to or more than line 9, stop here. 2011 taxact login All of your interest on all the mortgages included on line 9 is deductible as home mortgage interest on Schedule A (Form 1040). 2011 taxact login     10. 2011 taxact login Enter the total amount of interest that you paid. 2011 taxact login See line 10 instructions 10. 2011 taxact login   11. 2011 taxact login Divide the amount on line 8 by the amount on line 9. 2011 taxact login Enter the result as a decimal amount (rounded to three places) 11. 2011 taxact login × . 2011 taxact login 12. 2011 taxact login Multiply the amount on line 10 by the decimal amount on line 11. 2011 taxact login Enter the result. 2011 taxact login This is your deductible home mortgage interest. 2011 taxact login Enter this amount on Schedule A (Form 1040) 12. 2011 taxact login   13. 2011 taxact login Subtract the amount on line 12 from the amount on line 10. 2011 taxact login Enter the result. 2011 taxact login This is not home mortgage interest. 2011 taxact login See line 13 instructions 13. 2011 taxact login   Home equity debt only. 2011 taxact login   If all of your mortgages are home equity debt, do not fill in lines 1 through 5. 2011 taxact login Enter zero on line 6 and complete the rest of Table 1. 2011 taxact login Average Mortgage Balance You have to figure the average balance of each mortgage to determine your qualified loan limit. 2011 taxact login You need these amounts to complete lines 1, 2, and 9 of Table 1. 2011 taxact login You can use the highest mortgage balances during the year, but you may benefit most by using the average balances. 2011 taxact login The following are methods you can use to figure your average mortgage balances. 2011 taxact login However, if a mortgage has more than one category of debt, see Mixed-use mortgages , later, in this section. 2011 taxact login Average of first and last balance method. 2011 taxact login   You can use this method if all the following apply. 2011 taxact login You did not borrow any new amounts on the mortgage during the year. 2011 taxact login (This does not include borrowing the original mortgage amount. 2011 taxact login ) You did not prepay more than one month's principal during the year. 2011 taxact login (This includes prepayment by refinancing your home or by applying proceeds from its sale. 2011 taxact login ) You had to make level payments at fixed equal intervals on at least a semi-annual basis. 2011 taxact login You treat your payments as level even if they were adjusted from time to time because of changes in the interest rate. 2011 taxact login    To figure your average balance, complete the following worksheet. 2011 taxact login    1. 2011 taxact login Enter the balance as of the first day of the year that the mortgage was secured by your qualified home during the year (generally January 1)   2. 2011 taxact login Enter the balance as of the last day of the year that the mortgage was secured by your qualified home during the year (generally December 31)   3. 2011 taxact login Add amounts on lines 1 and 2   4. 2011 taxact login Divide the amount on line 3 by 2. 2011 taxact login Enter the result   Interest paid divided by interest rate method. 2011 taxact login   You can use this method if at all times in 2013 the mortgage was secured by your qualified home and the interest was paid at least monthly. 2011 taxact login    Complete the following worksheet to figure your average balance. 2011 taxact login    1. 2011 taxact login Enter the interest paid in 2013. 2011 taxact login Do not include points, mortgage insurance premiums, or any interest paid in 2013 that is for a year after 2013. 2011 taxact login However, do include interest that is for 2013 but was paid in an earlier year   2. 2011 taxact login Enter the annual interest rate on the mortgage. 2011 taxact login If the interest rate varied in 2013, use the lowest rate for the year   3. 2011 taxact login Divide the amount on line 1 by the amount on line 2. 2011 taxact login Enter the result   Example. 2011 taxact login Mr. 2011 taxact login Blue had a line of credit secured by his main home all year. 2011 taxact login He paid interest of $2,500 on this loan. 2011 taxact login The interest rate on the loan was 9% (. 2011 taxact login 09) all year. 2011 taxact login His average balance using this method is $27,778, figured as follows. 2011 taxact login 1. 2011 taxact login Enter the interest paid in 2013. 2011 taxact login Do not include points, mortgage insurance premiums, or any interest paid in 2013 that is for a year after 2013. 2011 taxact login However, do include interest that is for 2013 but was paid in an earlier year $2,500 2. 2011 taxact login Enter the annual interest rate on the mortgage. 2011 taxact login If the interest rate varied in 2013, use the lowest rate for the year . 2011 taxact login 09 3. 2011 taxact login Divide the amount on line 1 by the amount on line 2. 2011 taxact login Enter the result $27,778 Statements provided by your lender. 2011 taxact login   If you receive monthly statements showing the closing balance or the average balance for the month, you can use either to figure your average balance for the year. 2011 taxact login You can treat the balance as zero for any month the mortgage was not secured by your qualified home. 2011 taxact login   For each mortgage, figure your average balance by adding your monthly closing or average balances and dividing that total by the number of months the home secured by that mortgage was a qualified home during the year. 2011 taxact login   If your lender can give you your average balance for the year, you can use that amount. 2011 taxact login Example. 2011 taxact login Ms. 2011 taxact login Brown had a home equity loan secured by her main home all year. 2011 taxact login She received monthly statements showing her average balance for each month. 2011 taxact login She can figure her average balance for the year by adding her monthly average balances and dividing the total by 12. 2011 taxact login Mixed-use mortgages. 2011 taxact login   A mixed-use mortgage is a loan that consists of more than one of the three categories of debt (grandfathered debt, home acquisition debt, and home equity debt). 2011 taxact login For example, a mortgage you took out during the year is a mixed-use mortgage if you used its proceeds partly to refinance a mortgage that you took out in an earlier year to buy your home (home acquisition debt) and partly to buy a car (home equity debt). 2011 taxact login   Complete lines 1 and 2 of Table 1 by including the separate average balances of any grandfathered debt and home acquisition debt in your mixed-use mortgage. 2011 taxact login Do not use the methods described earlier in this section to figure the average balance of either category. 2011 taxact login Instead, for each category, use the following method. 2011 taxact login Figure the balance of that category of debt for each month. 2011 taxact login This is the amount of the loan proceeds allocated to that category, reduced by your principal payments on the mortgage previously applied to that category. 2011 taxact login Principal payments on a mixed-use mortgage are applied in full to each category of debt, until its balance is zero, in the following order: First, any home equity debt, Next, any grandfathered debt, and Finally, any home acquisition debt. 2011 taxact login Add together the monthly balances figured in (1). 2011 taxact login Divide the result in (2) by 12. 2011 taxact login   Complete line 9 of Table 1 by including the average balance of the entire mixed-use mortgage, figured under one of the methods described earlier in this section. 2011 taxact login Example 1. 2011 taxact login In 1986, Sharon took out a $1,400,000 mortgage to buy her main home (grandfathered debt). 2011 taxact login On March 2, 2013, when the home had a fair market value of $1,700,000 and she owed $1,100,000 on the mortgage, Sharon took out a second mortgage for $200,000. 2011 taxact login She used $180,000 of the proceeds to make substantial improvements to her home (home acquisition debt) and the remaining $20,000 to buy a car (home equity debt). 2011 taxact login Under the loan agreement, Sharon must make principal payments of $1,000 at the end of each month. 2011 taxact login During 2013, her principal payments on the second mortgage totaled $10,000. 2011 taxact login To complete Table 1, line 2, Sharon must figure a separate average balance for the part of her second mortgage that is home acquisition debt. 2011 taxact login The January and February balances were zero. 2011 taxact login The March through December balances were all $180,000, because none of her principal payments are applied to the home acquisition debt. 2011 taxact login (They are all applied to the home equity debt, reducing it to $10,000 [$20,000 − $10,000]. 2011 taxact login ) The monthly balances of the home acquisition debt total $1,800,000 ($180,000 × 10). 2011 taxact login Therefore, the average balance of the home acquisition debt for 2013 was $150,000 ($1,800,000 ÷ 12). 2011 taxact login Example 2. 2011 taxact login The facts are the same as in Example 1. 2011 taxact login In 2014, Sharon's January through October principal payments on her second mortgage are applied to the home equity debt, reducing it to zero. 2011 taxact login The balance of the home acquisition debt remains $180,000 for each of those months. 2011 taxact login Because her November and December principal payments are applied to the home acquisition debt, the November balance is $179,000 ($180,000 − $1,000) and the December balance is $178,000 ($180,000 − $2,000). 2011 taxact login The monthly balances total $2,157,000 [($180,000 × 10) + $179,000 + $178,000]. 2011 taxact login Therefore, the average balance of the home acquisition debt for 2014 is $179,750 ($2,157,000 ÷ 12). 2011 taxact login L