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Free 2012 E File

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Free 2012 E File

Free 2012 e file Publication 936 - Main Content Table of Contents Part I. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Home Mortgage Interest This part explains what you can deduct as home mortgage interest. Free 2012 e file It includes discussions on points, mortgage insurance premiums, and how to report deductible interest on your tax return. Free 2012 e file Generally, home mortgage interest is any interest you pay on a loan secured by your home (main home or a second home). Free 2012 e file The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan. Free 2012 e file You can deduct home mortgage interest if all the following conditions are met. Free 2012 e file You file Form 1040 and itemize deductions on Schedule A (Form 1040). Free 2012 e file The mortgage is a secured debt on a qualified home in which you have an ownership interest. Free 2012 e file Secured Debt and Qualified Home are explained later. Free 2012 e file  Both you and the lender must intend that the loan be repaid. Free 2012 e file Fully deductible interest. Free 2012 e file   In most cases, you can deduct all of your home mortgage interest. Free 2012 e file How much you can deduct depends on the date of the mortgage, the amount of the mortgage, and how you use the mortgage proceeds. Free 2012 e file   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. Free 2012 e file (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. Free 2012 e file ) 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. Free 2012 e file   The three categories are as follows. Free 2012 e file Mortgages you took out on or before October 13, 1987 (called grandfathered debt). Free 2012 e file 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). Free 2012 e file 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). Free 2012 e file The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home. Free 2012 e file   See Part II for more detailed definitions of grandfathered, home acquisition, and home equity debt. Free 2012 e file    You can use Figure A to check whether your home mortgage interest is fully deductible. Free 2012 e file This image is too large to be displayed in the current screen. Free 2012 e file Please click the link to view the image. Free 2012 e file Figure A. Free 2012 e file Is My Home Mortgage Interest Fully Deductible? Secured Debt You can deduct your home mortgage interest only if your mortgage is a secured debt. Free 2012 e file 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. Free 2012 e file In other words, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. Free 2012 e file If you cannot pay the debt, your home can then serve as payment to the lender to satisfy (pay) the debt. Free 2012 e file In this publication, mortgage will refer to secured debt. Free 2012 e file Debt not secured by home. Free 2012 e file   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). Free 2012 e file   A debt is not secured by your home if it once was, but is no longer secured by your home. Free 2012 e file Wraparound mortgage. Free 2012 e file   This is not a secured debt unless it is recorded or otherwise perfected under state law. Free 2012 e file Example. Free 2012 e file Beth owns a home subject to a mortgage of $40,000. Free 2012 e file She sells the home for $100,000 to John, who takes it subject to the $40,000 mortgage. Free 2012 e file Beth continues to make the payments on the $40,000 note. Free 2012 e file John pays $10,000 down and gives Beth a $90,000 note secured by a wraparound mortgage on the home. Free 2012 e file Beth does not record or otherwise perfect the $90,000 mortgage under the state law that applies. Free 2012 e file Therefore, the mortgage is not a secured debt and John cannot deduct any of the interest he pays on it as home mortgage interest. Free 2012 e file Choice to treat the debt as not secured by your home. Free 2012 e file   You can choose to treat any debt secured by your qualified home as not secured by the home. Free 2012 e file This treatment begins with the tax year for which you make the choice and continues for all later tax years. Free 2012 e file You can revoke your choice only with the consent of the Internal Revenue Service (IRS). Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file Cooperative apartment owner. Free 2012 e file   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. Free 2012 e file Qualified Home For you to take a home mortgage interest deduction, your debt must be secured by a qualified home. Free 2012 e file This means your main home or your second home. Free 2012 e file A home includes a house, condominium, cooperative, mobile home, house trailer, boat, or similar property that has sleeping, cooking, and toilet facilities. Free 2012 e file 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. Free 2012 e file Otherwise, it is considered personal interest and is not deductible. Free 2012 e file Main home. Free 2012 e file   You can have only one main home at any one time. Free 2012 e file This is the home where you ordinarily live most of the time. Free 2012 e file Second home. Free 2012 e file   A second home is a home that you choose to treat as your second home. Free 2012 e file Second home not rented out. Free 2012 e file   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. Free 2012 e file You do not have to use the home during the year. Free 2012 e file Second home rented out. Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file If you do not use the home long enough, it is considered rental property and not a second home. Free 2012 e file For information on residential rental property, see Publication 527. Free 2012 e file More than one second home. Free 2012 e file   If you have more than one second home, you can treat only one as the qualified second home during any year. Free 2012 e file However, you can change the home you treat as a second home during the year in the following situations. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Divided use of your home. Free 2012 e file   The only part of your home that is considered a qualified home is the part you use for residential living. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file (See Home Acquisition Debt in Part II. Free 2012 e file ) Dividing the fair market value may affect your home equity debt limit, also explained in Part II . Free 2012 e file Renting out part of home. Free 2012 e file   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. Free 2012 e file The rented part of your home is used by the tenant primarily for residential living. Free 2012 e file The rented part of your home is not a self-contained residential unit having separate sleeping, cooking, and toilet facilities. Free 2012 e file 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. Free 2012 e file If two persons (and dependents of either) share the same sleeping quarters, they are treated as one tenant. Free 2012 e file Office in home. Free 2012 e file   If you have an office in your home that you use in your business, see Publication 587, Business Use of Your Home. Free 2012 e file It explains how to figure your deduction for the business use of your home, which includes the business part of your home mortgage interest. Free 2012 e file Home under construction. Free 2012 e file   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. Free 2012 e file   The 24-month period can start any time on or after the day construction begins. Free 2012 e file Home destroyed. Free 2012 e file   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. Free 2012 e file This means you can continue to deduct the interest you pay on your home mortgage, subject to the limits described in this publication. Free 2012 e file   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. Free 2012 e file   This rule applies to your main home and to a second home that you treat as a qualified home. Free 2012 e file Time-sharing arrangements. Free 2012 e file   You can treat a home you own under a time-sharing plan as a qualified home if it meets all the requirements. Free 2012 e file 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. Free 2012 e file Rental of time-share. Free 2012 e file   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. Free 2012 e file See Second home rented out , earlier, for the use requirement. Free 2012 e file 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. Free 2012 e file Married taxpayers. Free 2012 e file   If you are married and file a joint return, your qualified home(s) can be owned either jointly or by only one spouse. Free 2012 e file Separate returns. Free 2012 e file   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. Free 2012 e file However, if you both consent in writing, then one spouse can take both the main home and a second home into account. Free 2012 e file Special Situations This section describes certain items that can be included as home mortgage interest and others that cannot. Free 2012 e file It also describes certain special situations that may affect your deduction. Free 2012 e file Late payment charge on mortgage payment. Free 2012 e file   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. Free 2012 e file Mortgage prepayment penalty. Free 2012 e file   If you pay off your home mortgage early, you may have to pay a penalty. Free 2012 e file 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. Free 2012 e file Sale of home. Free 2012 e file   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. Free 2012 e file Example. Free 2012 e file John and Peggy Harris sold their home on May 7. Free 2012 e file Through April 30, they made home mortgage interest payments of $1,220. Free 2012 e file 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. Free 2012 e file Their mortgage interest deduction is $1,270 ($1,220 + $50). Free 2012 e file Prepaid interest. Free 2012 e file   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. Free 2012 e file You can deduct in each year only the interest that qualifies as home mortgage interest for that year. Free 2012 e file However, there is an exception that applies to points, discussed later. Free 2012 e file Mortgage interest credit. Free 2012 e file    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. Free 2012 e file Figure the credit on Form 8396, Mortgage Interest Credit. Free 2012 e file If you take this credit, you must reduce your mortgage interest deduction by the amount of the credit. Free 2012 e file   See Form 8396 and Publication 530 for more information on the mortgage interest credit. Free 2012 e file Ministers' and military housing allowance. Free 2012 e file   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. Free 2012 e file Hardest Hit Fund and Emergency Homeowners' Loan Programs. Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file 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). Free 2012 e file 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. Free 2012 e file Mortgage assistance payments under section 235 of the National Housing Act. Free 2012 e file   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. Free 2012 e file You cannot deduct the interest that is paid for you. Free 2012 e file No other effect on taxes. Free 2012 e file   Do not include these mortgage assistance payments in your income. Free 2012 e file Also, do not use these payments to reduce other deductions, such as real estate taxes. Free 2012 e file Divorced or separated individuals. Free 2012 e file   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. Free 2012 e file See the discussion of Payments for jointly-owned home under Alimony in Publication 504, Divorced or Separated Individuals. Free 2012 e file Redeemable ground rents. Free 2012 e file   In some states (such as Maryland), you can buy your home subject to a ground rent. Free 2012 e file A ground rent is an obligation you assume to pay a fixed amount per year on the property. Free 2012 e file Under this arrangement, you are leasing (rather than buying) the land on which your home is located. Free 2012 e file   If you make annual or periodic rental payments on a redeemable ground rent, you can deduct them as mortgage interest. Free 2012 e file   A ground rent is a redeemable ground rent if all of the following are true. Free 2012 e file Your lease, including renewal periods, is for more than 15 years. Free 2012 e file You can freely assign the lease. Free 2012 e file 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. Free 2012 e file The lessor's interest in the land is primarily a security interest to protect the rental payments to which he or she is entitled. Free 2012 e file   Payments made to end the lease and to buy the lessor's entire interest in the land are not deductible as mortgage interest. Free 2012 e file Nonredeemable ground rents. Free 2012 e file   Payments on a nonredeemable ground rent are not mortgage interest. Free 2012 e file You can deduct them as rent if they are a business expense or if they are for rental property. Free 2012 e file Reverse mortgages. Free 2012 e file   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. Free 2012 e file With a reverse mortgage, you retain title to your home. Free 2012 e file 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. Free 2012 e file Because reverse mortgages are considered loan advances and not income, the amount you receive is not taxable. Free 2012 e file 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. Free 2012 e file Your deduction may be limited because a reverse mortgage loan generally is subject to the limit on Home Equity Debt discussed in Part II. Free 2012 e file Rental payments. Free 2012 e file   If you live in a house before final settlement on the purchase, any payments you make for that period are rent and not interest. Free 2012 e file This is true even if the settlement papers call them interest. Free 2012 e file You cannot deduct these payments as home mortgage interest. Free 2012 e file Mortgage proceeds invested in tax-exempt securities. Free 2012 e file   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. Free 2012 e file “Grandfathered debt” and “home equity debt” are defined in Part II of this publication. Free 2012 e file Refunds of interest. Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file However, you need to include it only up to the amount of the deduction that reduced your tax in the earlier year. Free 2012 e file This is true whether the interest overcharge was refunded to you or was used to reduce the outstanding principal on your mortgage. Free 2012 e file If you need to include the refund in income, report it on Form 1040, line 21. Free 2012 e file   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. Free 2012 e file For information about Form 1098, see Form 1098, Mortgage Interest Statement , later. Free 2012 e file   For more information on how to treat refunds of interest deducted in earlier years, see Recoveries in Publication 525, Taxable and Nontaxable Income. Free 2012 e file Cooperative apartment owner. Free 2012 e file   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. Free 2012 e file The patronage dividend is a partial refund to the cooperative housing corporation of mortgage interest it paid in a prior year. Free 2012 e file   If you receive a Form 1098 from the cooperative housing corporation, the form should show only the amount you can deduct. Free 2012 e file Points The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a home mortgage. Free 2012 e file Points may also be called loan origination fees, maximum loan charges, loan discount, or discount points. Free 2012 e file This image is too large to be displayed in the current screen. Free 2012 e file Please click the link to view the image. Free 2012 e file Figure B. Free 2012 e file 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. Free 2012 e file See Points paid by the seller , later. Free 2012 e file General Rule You generally cannot deduct the full amount of points in the year paid. Free 2012 e file Because they are prepaid interest, you generally deduct them ratably over the life (term) of the mortgage. Free 2012 e file See Deduction Allowed Ratably , next. Free 2012 e file For exceptions to the general rule, see Deduction Allowed in Year Paid , later. Free 2012 e file 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. Free 2012 e file You use the cash method of accounting. Free 2012 e file This means you report income in the year you receive it and deduct expenses in the year you pay them. Free 2012 e file Most individuals use this method. Free 2012 e file Your loan is secured by a home. Free 2012 e file (The home does not need to be your main home. Free 2012 e file ) Your loan period is not more than 30 years. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Example. Free 2012 e file You use the cash method of accounting. Free 2012 e file In 2013, you took out a $100,000 loan payable over 20 years. Free 2012 e file The terms of the loan are the same as for other 20-year loans offered in your area. Free 2012 e file You paid $4,800 in points. Free 2012 e file You made 3 monthly payments on the loan in 2013. Free 2012 e file You can deduct $60 [($4,800 ÷ 240 months) x 3 payments] in 2013. Free 2012 e file In 2014, if you make all twelve payments, you will be able to deduct $240 ($20 x 12). Free 2012 e file Deduction Allowed in Year Paid You can fully deduct points in the year paid if you meet all the following tests. Free 2012 e file (You can use Figure B as a quick guide to see whether your points are fully deductible in the year paid. Free 2012 e file ) Your loan is secured by your main home. Free 2012 e file (Your main home is the one you ordinarily live in most of the time. Free 2012 e file ) Paying points is an established business practice in the area where the loan was made. Free 2012 e file The points paid were not more than the points generally charged in that area. Free 2012 e file You use the cash method of accounting. Free 2012 e file This means you report income in the year you receive it and deduct expenses in the year you pay them. Free 2012 e file Most individuals use this method. Free 2012 e file 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. Free 2012 e file The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged. Free 2012 e file The funds you provided are not required to have been applied to the points. Free 2012 e file They can include a down payment, an escrow deposit, earnest money, and other funds you paid at or before closing for any purpose. Free 2012 e file You cannot have borrowed these funds from your lender or mortgage broker. Free 2012 e file You use your loan to buy or build your main home. Free 2012 e file The points were computed as a percentage of the principal amount of the mortgage. Free 2012 e file The amount is clearly shown on the settlement statement (such as the Settlement Statement, Form HUD-1) as points charged for the mortgage. Free 2012 e file The points may be shown as paid from either your funds or the seller's. Free 2012 e file Note. Free 2012 e file 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. Free 2012 e file Home improvement loan. Free 2012 e file   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. Free 2012 e file Second home. Free 2012 e file You cannot fully deduct in the year paid points you pay on loans secured by your second home. Free 2012 e file You can deduct these points only over the life of the loan. Free 2012 e file Refinancing. Free 2012 e file   Generally, points you pay to refinance a mortgage are not deductible in full in the year you pay them. Free 2012 e file This is true even if the new mortgage is secured by your main home. Free 2012 e file   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. Free 2012 e file You can deduct the rest of the points over the life of the loan. Free 2012 e file Example 1. Free 2012 e file In 1998, Bill Fields got a mortgage to buy a home. Free 2012 e file In 2013, Bill refinanced that mortgage with a 15-year $100,000 mortgage loan. Free 2012 e file The mortgage is secured by his home. Free 2012 e file To get the new loan, he had to pay three points ($3,000). Free 2012 e file 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. Free 2012 e file Bill paid the points out of his private funds, rather than out of the proceeds of the new loan. Free 2012 e file The payment of points is an established practice in the area, and the points charged are not more than the amount generally charged there. Free 2012 e file Bill's first payment on the new loan was due July 1. Free 2012 e file He made six payments on the loan in 2013 and is a cash basis taxpayer. Free 2012 e file Bill used the funds from the new mortgage to repay his existing mortgage. Free 2012 e file 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. Free 2012 e file He cannot deduct all of the points in 2013. Free 2012 e file He can deduct two points ($2,000) ratably over the life of the loan. Free 2012 e file He deducts $67 [($2,000 ÷ 180 months) × 6 payments] of the points in 2013. Free 2012 e file The other point ($1,000) was a fee for services and is not deductible. Free 2012 e file Example 2. Free 2012 e file 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. Free 2012 e file Bill deducts 25% ($25,000 ÷ $100,000) of the points ($2,000) in 2013. Free 2012 e file His deduction is $500 ($2,000 × 25%). Free 2012 e file Bill also deducts the ratable part of the remaining $1,500 ($2,000 − $500) that must be spread over the life of the loan. Free 2012 e file This is $50 [($1,500 ÷ 180 months) × 6 payments] in 2013. Free 2012 e file The total amount Bill deducts in 2013 is $550 ($500 + $50). Free 2012 e file Special Situations This section describes certain special situations that may affect your deduction of points. Free 2012 e file Original issue discount. Free 2012 e file   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. Free 2012 e file This reduction results in original issue discount, which is discussed in chapter 4 of Publication 535. Free 2012 e file Amounts charged for services. Free 2012 e file    Amounts charged by the lender for specific services connected to the loan are not interest. Free 2012 e file Examples of these charges are: Appraisal fees, Notary fees, and Preparation costs for the mortgage note or deed of trust. Free 2012 e file  You cannot deduct these amounts as points either in the year paid or over the life of the mortgage. Free 2012 e file Points paid by the seller. Free 2012 e file   The term “points” includes loan placement fees that the seller pays to the lender to arrange financing for the buyer. Free 2012 e file Treatment by seller. Free 2012 e file   The seller cannot deduct these fees as interest. Free 2012 e file But they are a selling expense that reduces the amount realized by the seller. Free 2012 e file See Publication 523 for information on selling your home. Free 2012 e file Treatment by buyer. Free 2012 e file   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. Free 2012 e file If all the tests under Deduction Allowed in Year Paid , earlier, are met, the buyer can deduct the points in the year paid. Free 2012 e file If any of those tests are not met, the buyer deducts the points over the life of the loan. Free 2012 e file   If you need information about the basis of your home, see Publication 523 or Publication 530. Free 2012 e file Funds provided are less than points. Free 2012 e file   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. Free 2012 e file In addition, you can deduct any points paid by the seller. Free 2012 e file Example 1. Free 2012 e file When you took out a $100,000 mortgage loan to buy your home in December, you were charged one point ($1,000). Free 2012 e file You meet all the tests for deducting points in the year paid, except the only funds you provided were a $750 down payment. Free 2012 e file Of the $1,000 charged for points, you can deduct $750 in the year paid. Free 2012 e file You spread the remaining $250 over the life of the mortgage. Free 2012 e file Example 2. Free 2012 e file 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. Free 2012 e file In the year paid, you can deduct $1,750 ($750 of the amount you were charged plus the $1,000 paid by the seller). Free 2012 e file You spread the remaining $250 over the life of the mortgage. Free 2012 e file You must reduce the basis of your home by the $1,000 paid by the seller. Free 2012 e file Excess points. Free 2012 e file   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. Free 2012 e file You must spread any additional points over the life of the mortgage. Free 2012 e file Mortgage ending early. Free 2012 e file   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. Free 2012 e file However, if you refinance the mortgage with the same lender, you cannot deduct any remaining balance of spread points. Free 2012 e file Instead, deduct the remaining balance over the term of the new loan. Free 2012 e file   A mortgage may end early due to a prepayment, refinancing, foreclosure, or similar event. Free 2012 e file Example. Free 2012 e file Dan paid $3,000 in points in 2002 that he had to spread out over the 15-year life of the mortgage. Free 2012 e file He deducts $200 points per year. Free 2012 e file Through 2012, Dan has deducted $2,200 of the points. Free 2012 e file Dan prepaid his mortgage in full in 2013. Free 2012 e file He can deduct the remaining $800 of points in 2013. Free 2012 e file Limits on deduction. Free 2012 e file   You cannot fully deduct points paid on a mortgage that exceeds the limits discussed in Part II . Free 2012 e file See the Table 1 Instructions for line 10. Free 2012 e file Form 1098. Free 2012 e file    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. Free 2012 e file See Form 1098, Mortgage Interest Statement , later. Free 2012 e file Mortgage Insurance Premiums You can treat amounts you paid during 2013 for qualified mortgage insurance as home mortgage interest. Free 2012 e file The insurance must be in connection with home acquisition debt, and the insurance contract must have been issued after 2006. Free 2012 e file Qualified mortgage insurance. Free 2012 e file   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). Free 2012 e file   Mortgage insurance provided by the Department of Veterans Affairs is commonly known as a funding fee. Free 2012 e file If provided by the Rural Housing Service, it is commonly known as a guarantee fee. Free 2012 e file 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. Free 2012 e file These fees can be deducted fully in 2013 if the mortgage insurance contract was issued in 2013. Free 2012 e file Contact the mortgage insurance issuer to determine the deductible amount if it is not reported in box 4 of Form 1098. Free 2012 e file Special rules for prepaid mortgage insurance. Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file No deduction is allowed for the unamortized balance if the mortgage is satisfied before its term. Free 2012 e file This paragraph does not apply to qualified mortgage insurance provided by the Department of Veterans Affairs or the Rural Housing Service. Free 2012 e file Example. Free 2012 e file Ryan purchased a home in May of 2012 and financed the home with a 15-year mortgage. Free 2012 e file Ryan also prepaid all of the $9,240 in private mortgage insurance required at the time of closing in May. Free 2012 e file 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. Free 2012 e file Ryan's adjusted gross income (AGI) for 2012 is $76,000. Free 2012 e file Ryan can deduct $880 ($9,240 ÷ 84 x 8 months) for qualified mortgage insurance premiums in 2012. Free 2012 e file For 2013, Ryan can deduct $1,320 ($9,240 ÷ 84 x 12 months) if his AGI is $100,000 or less. Free 2012 e file 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). Free 2012 e file Limit on deduction. Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file If your adjusted gross income is more than $109,000 ($54,500 if married filing separately), you cannot deduct your mortgage insurance premiums. Free 2012 e file Form 1098. Free 2012 e file   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. Free 2012 e file See Form 1098, Mortgage Interest Statement, next. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file A governmental unit is a person for purposes of furnishing the statement. Free 2012 e file The statement for each year should be sent to you by January 31 of the following year. Free 2012 e file A copy of this form will also be sent to the IRS. Free 2012 e file 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. Free 2012 e file However, it should not show any interest that was paid for you by a government agency. Free 2012 e file As a general rule, Form 1098 will include only points that you can fully deduct in the year paid. Free 2012 e file However, certain points not included on Form 1098 also may be deductible, either in the year paid or over the life of the loan. Free 2012 e file See the earlier discussion of Points to determine whether you can deduct points not shown on Form 1098. Free 2012 e file Prepaid interest on Form 1098. Free 2012 e file   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. Free 2012 e file However, you cannot deduct the prepaid amount for January 2014 in 2013. Free 2012 e file (See Prepaid interest , earlier. Free 2012 e file ) You will have to figure the interest that accrued for 2014 and subtract it from the amount in box 1. Free 2012 e file You will include the interest for January 2014 with other interest you pay for 2014. Free 2012 e file Refunded interest. Free 2012 e file   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. Free 2012 e file See Refunds of interest , earlier. Free 2012 e file Mortgage insurance premiums. Free 2012 e file   The amount of mortgage insurance premiums you paid during 2013 may be shown in Box 4 of Form 1098. Free 2012 e file See Mortgage Insurance Premiums , earlier. Free 2012 e file How To Report Deduct the home mortgage interest and points reported to you on Form 1098 on Schedule A (Form 1040), line 10. Free 2012 e file 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. Free 2012 e file Attach a statement explaining the difference and print “See attached” next to line 10. Free 2012 e file Deduct home mortgage interest that was not reported to you on Form 1098 on Schedule A (Form 1040), line 11. Free 2012 e file 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. Free 2012 e file The seller must give you this number and you must give the seller your TIN. Free 2012 e file A Form W-9, Request for Taxpayer Identification Number and Certification, can be used for this purpose. Free 2012 e file Failure to meet any of these requirements may result in a $50 penalty for each failure. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Deduct mortgage insurance premiums on Schedule A (Form 1040), line 13. Free 2012 e file More than one borrower. Free 2012 e file   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. Free 2012 e file Show how much of the interest each of you paid, and give the name and address of the person who received the form. Free 2012 e file Deduct your share of the interest on Schedule A (Form 1040), line 11, and print “See attached” next to the line. Free 2012 e file Also, deduct your share of any qualified mortgage insurance premiums on Schedule A (Form 1040), line 13. Free 2012 e file   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. Free 2012 e file Let each of the other borrowers know what his or her share is. Free 2012 e file Mortgage proceeds used for business or investment. Free 2012 e file   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. Free 2012 e file It shows where to deduct the part of your excess interest that is for those activities. Free 2012 e file 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. Free 2012 e file Special Rule for Tenant-Stockholders in Cooperative Housing Corporations A qualified home includes stock in a cooperative housing corporation owned by a tenant-stockholder. Free 2012 e file This applies only if the tenant-stockholder is entitled to live in the house or apartment because of owning stock in the cooperative. Free 2012 e file Cooperative housing corporation. Free 2012 e file   This is a corporation that meets all of the following conditions. Free 2012 e file 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. Free 2012 e file Receives at least 80% of its gross income for the year in which the mortgage interest is paid or incurred from tenant-stockholders. Free 2012 e file For this purpose, gross income is all income received during the entire year, including amounts received before the corporation changed to cooperative ownership. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Stock used to secure debt. Free 2012 e file   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). Free 2012 e file 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. Free 2012 e file See chapter 4 of Publication 535 for details on these rules. Free 2012 e file Figuring deductible home mortgage interest. Free 2012 e file   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. Free 2012 e file 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. Free 2012 e file   Figure your share of this interest by multiplying the total by the following fraction. Free 2012 e file      Your shares of stock in the cooperative   The total shares of stock in the cooperative Limits on deduction. Free 2012 e file   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. Free 2012 e file The cooperative should determine your share of its grandfathered debt, its home acquisition debt, and its home equity debt. Free 2012 e file (Your share of each of these types of debt is equal to the average balance of each debt multiplied by the fraction just given. Free 2012 e file ) 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. Free 2012 e file Form 1098. Free 2012 e file    The cooperative should give you a Form 1098 showing your share of the interest. Free 2012 e file Use the rules in this publication to determine your deductible mortgage interest. Free 2012 e file Part II. Free 2012 e file Limits on Home Mortgage Interest Deduction This part of the publication discusses the limits on deductible home mortgage interest. Free 2012 e file 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 . Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Table 1 can help you figure your qualified loan limit and your deductible home mortgage interest. Free 2012 e file 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). Free 2012 e file It also must be secured by that home. Free 2012 e file 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. Free 2012 e file The additional debt may qualify as home equity debt (discussed later). Free 2012 e file Home acquisition debt limit. Free 2012 e file   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). Free 2012 e file This limit is reduced (but not below zero) by the amount of your grandfathered debt (discussed later). Free 2012 e file Debt over this limit may qualify as home equity debt (also discussed later). Free 2012 e file Refinanced home acquisition debt. Free 2012 e file   Any secured debt you use to refinance home acquisition debt is treated as home acquisition debt. Free 2012 e file 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. Free 2012 e file 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). Free 2012 e file Mortgage that qualifies later. Free 2012 e file   A mortgage that does not qualify as home acquisition debt because it does not meet all the requirements may qualify at a later time. Free 2012 e file 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. Free 2012 e file However, if the debt is later secured by the home, it may qualify as home acquisition debt after that time. Free 2012 e file Similarly, a debt that you use to buy property may not qualify because the property is not a qualified home. Free 2012 e file However, if the property later becomes a qualified home, the debt may qualify after that time. Free 2012 e file Mortgage treated as used to buy, build, or improve home. Free 2012 e file   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. Free 2012 e file This applies in the following situations. Free 2012 e file You buy your home within 90 days before or after the date you take out the mortgage. Free 2012 e file 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). Free 2012 e file (See Example 1 later. Free 2012 e file ) You build or improve your home and take out the mortgage before the work is completed. Free 2012 e file The home acquisition debt is limited to the amount of the expenses incurred within 24 months before the date of the mortgage. Free 2012 e file You build or improve your home and take out the mortgage within 90 days after the work is completed. Free 2012 e file 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. Free 2012 e file (See Example 2 later. Free 2012 e file ) Example 1. Free 2012 e file You bought your main home on June 3 for $175,000. Free 2012 e file You paid for the home with cash you got from the sale of your old home. Free 2012 e file On July 15, you took out a mortgage of $150,000 secured by your main home. Free 2012 e file You used the $150,000 to invest in stocks. Free 2012 e file 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. Free 2012 e file The entire mortgage qualifies as home acquisition debt because it was not more than the home's cost. Free 2012 e file Example 2. Free 2012 e file On January 31, John began building a home on the lot that he owned. Free 2012 e file He used $45,000 of his personal funds to build the home. Free 2012 e file The home was completed on October 31. Free 2012 e file On November 21, John took out a $36,000 mortgage that was secured by the home. Free 2012 e file The mortgage can be treated as used to build the home because it was taken out within 90 days after the home was completed. Free 2012 e file 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. Free 2012 e file This is illustrated by Figure C. Free 2012 e file   Please click here for the text description of the image. Free 2012 e file Figure C. Free 2012 e file John's example Date of the mortgage. Free 2012 e file   The date you take out your mortgage is the day the loan proceeds are disbursed. Free 2012 e file This is generally the closing date. Free 2012 e file You can treat the day you apply in writing for your mortgage as the date you take it out. Free 2012 e file However, this applies only if you receive the loan proceeds within a reasonable time (such as within 30 days) after your application is approved. Free 2012 e file If a timely application you make is rejected, a reasonable additional time will be allowed to make a new application. Free 2012 e file Cost of home or improvements. Free 2012 e file   To determine your cost, include amounts paid to acquire any interest in a qualified home or to substantially improve the home. Free 2012 e file   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. Free 2012 e file Substantial improvement. Free 2012 e file   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. Free 2012 e file    Repairs that maintain your home in good condition, such as repainting your home, are not substantial improvements. Free 2012 e file 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. Free 2012 e file Acquiring an interest in a home because of a divorce. Free 2012 e file   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. Free 2012 e file Part of home not a qualified home. Free 2012 e file    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. Free 2012 e file See Divided use of your home under Qualified Home in Part I. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Example. Free 2012 e file You bought your home for cash 10 years ago. Free 2012 e file 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. Free 2012 e file This loan is home equity debt. Free 2012 e file Home equity debt limit. Free 2012 e file   There is a limit on the amount of debt that can be treated as home equity debt. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Example. Free 2012 e file You own one home that you bought in 2000. Free 2012 e file Its FMV now is $110,000, and the current balance on your original mortgage (home acquisition debt) is $95,000. Free 2012 e file Bank M offers you a home mortgage loan of 125% of the FMV of the home less any outstanding mortgages or other liens. Free 2012 e file To consolidate some of your other debts, you take out a $42,500 home mortgage loan [(125% × $110,000) − $95,000] with Bank M. Free 2012 e file Your home equity debt is limited to $15,000. Free 2012 e file 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. Free 2012 e file Debt higher than limit. Free 2012 e file   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. Free 2012 e file But if the proceeds of the loan were used for investment, business, or other deductible purposes, the interest may be deductible. Free 2012 e file If it is, see the Table 1 Instructions for line 13 for an explanation of how to allocate the excess interest. Free 2012 e file Part of home not a qualified home. Free 2012 e file   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. Free 2012 e file See Divided use of your home under Qualified Home in Part I. Free 2012 e file Fair market value (FMV). Free 2012 e file    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. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file To qualify, it must have been secured by your qualified home on October 13, 1987, and at all times after that date. Free 2012 e file How you used the proceeds does not matter. Free 2012 e file Grandfathered debt is not limited. Free 2012 e file All of the interest you paid on grandfathered debt is fully deductible home mortgage interest. Free 2012 e file 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. Free 2012 e file Refinanced grandfathered debt. Free 2012 e file   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. Free 2012 e file 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). Free 2012 e file The debt must be secured by the qualified home. Free 2012 e file   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. Free 2012 e file After that, you treat it as home acquisition debt or home equity debt, depending on how you used the proceeds. Free 2012 e file Exception. Free 2012 e file   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. Free 2012 e file This term cannot be more than 30 years. Free 2012 e file Example. Free 2012 e file Chester took out a $200,000 first mortgage on his home in 1986. Free 2012 e file The mortgage was a five-year balloon note and the entire balance on the note was due in 1991. Free 2012 e file Chester refinanced the debt in 1991 with a new 20-year mortgage. Free 2012 e file The refinanced debt is treated as grandfathered debt for its entire term (20 years). Free 2012 e file Line-of-credit mortgage. Free 2012 e file    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. Free 2012 e file The balance on the mortgage before you borrowed the additional amounts is grandfathered debt. Free 2012 e file The newly borrowed amounts are not grandfathered debt because the funds were borrowed after October 13, 1987. Free 2012 e file See Average Mortgage Balance in the Table 1 Instructions that follow. Free 2012 e file 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. Free 2012 e file All the mortgages are grandfathered debt. Free 2012 e file The total of the mortgage balances for the entire year is within the limits discussed earlier under Home Acquisition Debt and Home Equity Debt . Free 2012 e file In either of those cases, you do not need Table 1. Free 2012 e file Otherwise, you can use Table 1 to determine your qualified loan limit and deductible home mortgage interest. Free 2012 e file Fill out only one Table 1 for both your main and second home regardless of how many mortgages you have. Free 2012 e file Table 1. Free 2012 e file Worksheet To Figure Your Qualified Loan Limit and Deductible Home Mortgage Interest For the Current Year See the Table 1 Instructions. Free 2012 e file Part I Qualified Loan Limit 1. Free 2012 e file Enter the average balance of all your grandfathered debt. Free 2012 e file See line 1 instructions 1. Free 2012 e file   2. Free 2012 e file Enter the average balance of all your home acquisition debt. Free 2012 e file See line 2 instructions 2. Free 2012 e file   3. Free 2012 e file Enter $1,000,000 ($500,000 if married filing separately) 3. Free 2012 e file   4. Free 2012 e file Enter the larger of the amount on line 1 or the amount on line 3 4. Free 2012 e file   5. Free 2012 e file Add the amounts on lines 1 and 2. Free 2012 e file Enter the total here 5. Free 2012 e file   6. Free 2012 e file Enter the smaller of the amount on line 4 or the amount on line 5 6. Free 2012 e file   7. Free 2012 e file If you have home equity debt, enter the smaller of $100,000 ($50,000 if married filing separately) or your limited amount. Free 2012 e file See the line 7 instructions for the limit which may apply to you. Free 2012 e file 7. Free 2012 e file   8. Free 2012 e file Add the amounts on lines 6 and 7. Free 2012 e file Enter the total. Free 2012 e file This is your qualified loan limit. Free 2012 e file 8. Free 2012 e file   Part II Deductible Home Mortgage Interest 9. Free 2012 e file Enter the total of the average balances of all mortgages on all qualified homes. Free 2012 e file  See line 9 instructions 9. Free 2012 e file     If line 8 is less than line 9, go on to line 10. Free 2012 e file If line 8 is equal to or more than line 9, stop here. Free 2012 e file All of your interest on all the mortgages included on line 9 is deductible as home mortgage interest on Schedule A (Form 1040). Free 2012 e file     10. Free 2012 e file Enter the total amount of interest that you paid. Free 2012 e file See line 10 instructions 10. Free 2012 e file   11. Free 2012 e file Divide the amount on line 8 by the amount on line 9. Free 2012 e file Enter the result as a decimal amount (rounded to three places) 11. Free 2012 e file × . Free 2012 e file 12. Free 2012 e file Multiply the amount on line 10 by the decimal amount on line 11. Free 2012 e file Enter the result. Free 2012 e file This is your deductible home mortgage interest. Free 2012 e file Enter this amount on Schedule A (Form 1040) 12. Free 2012 e file   13. Free 2012 e file Subtract the amount on line 12 from the amount on line 10. Free 2012 e file Enter the result. Free 2012 e file This is not home mortgage interest. Free 2012 e file See line 13 instructions 13. Free 2012 e file   Home equity debt only. Free 2012 e file   If all of your mortgages are home equity debt, do not fill in lines 1 through 5. Free 2012 e file Enter zero on line 6 and complete the rest of Table 1. Free 2012 e file Average Mortgage Balance You have to figure the average balance of each mortgage to determine your qualified loan limit. Free 2012 e file You need these amounts to complete lines 1, 2, and 9 of Table 1. Free 2012 e file You can use the highest mortgage balances during the year, but you may benefit most by using the average balances. Free 2012 e file The following are methods you can use to figure your average mortgage balances. Free 2012 e file However, if a mortgage has more than one category of debt, see Mixed-use mortgages , later, in this section. Free 2012 e file Average of first and last balance method. Free 2012 e file   You can use this method if all the following apply. Free 2012 e file You did not borrow any new amounts on the mortgage during the year. Free 2012 e file (This does not include borrowing the original mortgage amount. Free 2012 e file ) You did not prepay more than one month's principal during the year. Free 2012 e file (This includes prepayment by refinancing your home or by applying proceeds from its sale. Free 2012 e file ) You had to make level payments at fixed equal intervals on at least a semi-annual basis. Free 2012 e file You treat your payments as level even if they were adjusted from time to time because of changes in the interest rate. Free 2012 e file    To figure your average balance, complete the following worksheet. Free 2012 e file    1. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Add amounts on lines 1 and 2   4. Free 2012 e file Divide the amount on line 3 by 2. Free 2012 e file Enter the result   Interest paid divided by interest rate method. Free 2012 e file   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. Free 2012 e file    Complete the following worksheet to figure your average balance. Free 2012 e file    1. Free 2012 e file Enter the interest paid in 2013. Free 2012 e file Do not include points, mortgage insurance premiums, or any interest paid in 2013 that is for a year after 2013. Free 2012 e file However, do include interest that is for 2013 but was paid in an earlier year   2. Free 2012 e file Enter the annual interest rate on the mortgage. Free 2012 e file If the interest rate varied in 2013, use the lowest rate for the year   3. Free 2012 e file Divide the amount on line 1 by the amount on line 2. Free 2012 e file Enter the result   Example. Free 2012 e file Mr. Free 2012 e file Blue had a line of credit secured by his main home all year. Free 2012 e file He paid interest of $2,500 on this loan. Free 2012 e file The interest rate on the loan was 9% (. Free 2012 e file 09) all year. Free 2012 e file His average balance using this method is $27,778, figured as follows. Free 2012 e file 1. Free 2012 e file Enter the interest paid in 2013. Free 2012 e file Do not include points, mortgage insurance premiums, or any interest paid in 2013 that is for a year after 2013. Free 2012 e file However, do include interest that is for 2013 but was paid in an earlier year $2,500 2. Free 2012 e file Enter the annual interest rate on the mortgage. Free 2012 e file If the interest rate varied in 2013, use the lowest rate for the year . Free 2012 e file 09 3. Free 2012 e file Divide the amount on line 1 by the amount on line 2. Free 2012 e file Enter the result $27,778 Statements provided by your lender. Free 2012 e file   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. Free 2012 e file You can treat the balance as zero for any month the mortgage was not secured by your qualified home. Free 2012 e file   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. Free 2012 e file   If your lender can give you your average balance for the year, you can use that amount. Free 2012 e file Example. Free 2012 e file Ms. Free 2012 e file Brown had a home equity loan secured by her main home all year. Free 2012 e file She received monthly statements showing her average balance for each month. Free 2012 e file She can figure her average balance for the year by adding her monthly average balances and dividing the total by 12. Free 2012 e file Mixed-use mortgages. Free 2012 e file   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). Free 2012 e file 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). Free 2012 e file   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. Free 2012 e file Do not use the methods described earlier in this section to figure the average balance of either category. Free 2012 e file Instead, for each category, use the following method. Free 2012 e file Figure the balance of that category of debt for each month. Free 2012 e file 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. Free 2012 e file 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. Free 2012 e file Add together the monthly balances figured in (1). Free 2012 e file Divide the result in (2) by 12. Free 2012 e file   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. Free 2012 e file Example 1. Free 2012 e file In 1986, Sharon took out a $1,400,000 mortgage to buy her main home (grandfathered debt). Free 2012 e file 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. Free 2012 e file 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). Free 2012 e file Under the loan agreement, Sharon must make principal payments of $1,000 at the end of each month. Free 2012 e file During 2013, her principal payments on the second mortgage totaled $10,000. Free 2012 e file 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. Free 2012 e file The January and February balances were zero. Free 2012 e file The March through December balances were all $180,000, because none of her principal payments are applied to the home acquisition debt. Free 2012 e file (They are all applied to the home equity debt, reducing it to $10,000 [$20,000 − $10,000]. Free 2012 e file ) The monthly balances of the home acquisition debt total $1,800,000 ($180,000 × 10). Free 2012 e file Therefore, the average balance of the home acquisition debt for 2013 was $150,000 ($1,800,000 ÷ 12). Free 2012 e file Example 2. Free 2012 e file The facts are the same as in Example 1. Free 2012 e file In 2014, Sharon's January through October principal payments on her second mortgage are applied to the home equity debt, reducing it to zero. Free 2012 e file The balance of the home acquisition debt remains $180,000 for each of those months. Free 2012 e file 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). Free 2012 e file The monthly balances total $2,157,000 [($180,000 × 10) + $179,000 + $178,000]. Free 2012 e file Therefore, the average balance of the home acquisition debt for 2014 is $179,750 ($2,157,000 ÷ 12). Free 2012 e file L
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A-Z Index of U.S. Government Departments and Agencies

The Free 2012 E File

Free 2012 e file Index A Accrual foreign taxes, adjustments, You may have to post a bond. Free 2012 e file Accrual method of accounting, Accrual method of accounting. Free 2012 e file Allocation Carryback/carryover between spouses, Allocations Between Spouses Foreign losses, Foreign Losses Foreign taxes, Allocation of Foreign Taxes U. Free 2012 e file S. Free 2012 e file losses, U. Free 2012 e file S. Free 2012 e file Losses Alternative minimum tax, Reminders Amended return, Claim for Refund American Samoa, resident of, Possession Exclusion Assistance (see Tax help) B Bankruptcy, effect of, Effect of bankruptcy or insolvency. Free 2012 e file Beneficiary, Partner or S corporation shareholder. Free 2012 e file Bond, income tax, You may have to post a bond. Free 2012 e file Boycotting countries, Taxes From International Boycott Operations C Capital gains and losses, Capital Gains and Losses Carryback and carryover, Carrybacks and carryovers. Free 2012 e file Allocations between spouses, Allocations Between Spouses Claim for refund, Time Limit on Tax Assessment Joint return, Married Couples Joint return–deduction year, Joint Return Filed in a Deduction Year Taxes all credited or deducted, Claim for Refund Time limit on tax assessment, Time Limit on Tax Assessment Choice to take credit or deduction Changing your choice, Making or Changing Your Choice Choice applied to all qualified foreign taxes, Choice Applies to All Qualified Foreign Taxes Claim for refund, Claim for Refund Classes of gross income, Classes of gross income. Free 2012 e file Compensation for labor or personal services, Determining the Source of Compensation for Labor or Personal Services Geographical basis, Geographical basis. Free 2012 e file Comprehensive example, Comprehensive Example — Filled-In Form 1116 Controlled foreign corporation shareholder, Controlled foreign corporation shareholder. Free 2012 e file , Income from controlled foreign corporations. Free 2012 e file Covered asset acquisition, Covered Asset Acquisition Credit How to claim, How To Claim the Credit How to figure, How To Figure the Credit Limit on, Limit on the Credit Credit for taxes paid or accrued, Credit for Taxes Paid or Accrued D Deduction for foreign taxes that are not income taxes, Foreign taxes that are not income taxes. Free 2012 e file Distributions Lump-sum, Lump-Sum Distribution Dividends Taxes on, Taxes Imposed on Certain Dividends Dual-capacity taxpayers, Dual-capacity taxpayers. Free 2012 e file E Economic benefits, Specific economic benefit. Free 2012 e file Examples Comprehensive, Comprehensive Example — Filled-In Form 1116 Simple, Simple Example — Filled-In Form 1116 Excess limit, Carryback and Carryover Exchange rates, Foreign Currency and Exchange Rates Excluded income Foreign earned, Foreign Earned Income and Housing Exclusions Taxes on, Taxes on Excluded Income Exemption from foreign tax credit limit, Exemption from foreign tax credit limit. Free 2012 e file Export financing interest, Export financing interest. Free 2012 e file Extraterritorial income, Extraterritorial Income Exclusion F Financial services income, Financial services income. Free 2012 e file Foreign corporation–U. Free 2012 e file S. Free 2012 e file shareholders, filing requirements, Taxes of U. Free 2012 e file S. Free 2012 e file Persons Controlling Foreign Corporations and Partnerships Foreign country, Foreign country. Free 2012 e file Foreign currency and exchange rates, Foreign Currency and Exchange Rates Foreign income, translating, Translating foreign currency into U. Free 2012 e file S. Free 2012 e file dollars. Free 2012 e file Foreign losses Allocation of, Foreign Losses Recapture of, Recapture of Prior Year Overall Foreign Loss Accounts Foreign mineral income, taxes on, Taxes on Foreign Mineral Income Foreign oil and gas extraction income, taxes on, Taxes on Combined Foreign Oil and Gas Income Foreign partnerships–U. Free 2012 e file S. Free 2012 e file partners, filing requirement, Taxes of U. Free 2012 e file S. Free 2012 e file Persons Controlling Foreign Corporations and Partnerships Foreign tax refund, Foreign tax refund. Free 2012 e file , Foreign tax refund. Free 2012 e file Foreign tax(es) Allocation to income categories, Allocation of Foreign Taxes For which you cannot take a credit, Foreign Taxes for Which You Cannot Take a Credit Imposed on foreign refund, Foreign tax imposed on foreign refund. Free 2012 e file Qualifying for credit, What Foreign Taxes Qualify for the Credit? Redetermination, Foreign Tax Redetermination Refund, Foreign tax imposed on foreign refund. Free 2012 e file Form 1040X, Claim for Refund 1116, Form 1116, Simple Example — Filled-In Form 1116, Comprehensive Example — Filled-In Form 1116 5471, Taxes of U. Free 2012 e file S. Free 2012 e file Persons Controlling Foreign Corporations and Partnerships 5713, Form 5713 required. Free 2012 e file 8833, Report required. Free 2012 e file 8865, Taxes of U. Free 2012 e file S. Free 2012 e file Persons Controlling Foreign Corporations and Partnerships 8873, Extraterritorial Income Exclusion Free tax services, Free help with your tax return. Free 2012 e file Functional currency, Translating foreign currency into U. Free 2012 e file S. Free 2012 e file dollars. Free 2012 e file G General category income, separate limit, General Category Income H Help (see Tax help) High-taxed income, High-taxed income. Free 2012 e file I Income from sources in U. Free 2012 e file S. Free 2012 e file possessions, Determining the source of income from U. Free 2012 e file S. Free 2012 e file possessions. Free 2012 e file Income re-sourced by treaty, separate limit, Certain Income Re-Sourced By Treaty Income tax, Income Tax Income tax bond, You may have to post a bond. Free 2012 e file Interest, Penalties and interest. Free 2012 e file Interest expense, apportioning, Interest expense. Free 2012 e file International boycott, Taxes From International Boycott Operations Itemized deduction, Taxes for Which You Can Only Take an Itemized Deduction J Joint return Carryback and carryover, Married Couples Credit based on foreign tax of both spouses, Joint return. Free 2012 e file Filed in a deduction year, Joint Return Filed in a Deduction Year L Levy, Income Tax Limit on credit, Limit on the Credit Losses, foreign, Foreign Losses Allocation of, Foreign Losses Recapture of, Recapture of Prior Year Overall Foreign Loss Accounts Losses, U. Free 2012 e file S. Free 2012 e file , U. Free 2012 e file S. Free 2012 e file Losses Allocation of, U. Free 2012 e file S. Free 2012 e file Losses Lump-sum distributions, Lump-Sum Distribution M Making or changing your choice, Making or Changing Your Choice Married couples Carryback and carryover, Married Couples Joint return, Joint return. Free 2012 e file Mineral income, foreign,, Taxes on Foreign Mineral Income Mutual fund distributions, Mutual fund shareholder. Free 2012 e file , Passive income. Free 2012 e file Mutual fund shareholder, Mutual fund shareholder. Free 2012 e file N Nonresident aliens, Nonresident Aliens Notice to the IRS of change in tax, Notice to the Internal Revenue Service (IRS) of Redetermination O Overall foreign loss, Overall foreign loss. Free 2012 e file P Partner, Partner or S corporation shareholder. Free 2012 e file , Partnership distributive share. Free 2012 e file , Foreign Taxes From a Partnership or an S Corporation Passive category income, Passive Category Income Penalties, Failure-to-notify penalty. Free 2012 e file , Penalties and interest. Free 2012 e file Failure to file Form 5471, 8865, Penalty for not filing Form 5471 or Form 8865. Free 2012 e file Failure to file Form 5713, Penalty for failure to file. Free 2012 e file Failure to notify, foreign tax change, Failure-to-notify penalty. Free 2012 e file Failure to report treaty information, Report required. Free 2012 e file Pension, employment, and disability fund payments, Pension, unemployment, and disability fund payments. Free 2012 e file Personal property, sales or exchanges of, Determining the Source of Income From the Sales or Exchanges of Certain Personal Property Possession exclusion, Possession Exclusion Publications (see Tax help) Purchase or sale of oil or gas, taxes in connection with, Taxes in Connection With the Purchase or Sale of Oil or Gas Q Qualified business unit, Translating foreign currency into U. Free 2012 e file S. Free 2012 e file dollars. Free 2012 e file Qualified dividends, Capital Gains and Losses R Rate of exchange, Rate of exchange for foreign taxes paid. Free 2012 e file Recapture of foreign losses, Recapture of Prior Year Overall Foreign Loss Accounts Records to keep, Records To Keep Redetermination of foreign tax, Foreign Tax Redetermination Refund claims, time limit, Time Limit on Refund Claims Refund, foreign tax, Foreign tax refund. Free 2012 e file Reporting requirements (international boycott), Reporting requirements. Free 2012 e file Resident aliens, Resident Aliens S S corporation shareholder, Partner or S corporation shareholder. Free 2012 e file , Foreign Taxes From a Partnership or an S Corporation Sanctioned countries, Taxes Imposed By Sanctioned Countries (Section 901(j) Income) Section 901(j) income, Section 901(j) Income Section 901(j) sanctioned income, Taxes Imposed By Sanctioned Countries (Section 901(j) Income) Separate limit income, Separate Limit Income General category income, General Category Income Income re-sourced by treaty, Certain Income Re-Sourced By Treaty Lump-sum distribution, Lump-Sum Distribution Passive category income, Passive Category Income Section 901(j) income, Section 901(j) Income Shareholder, Mutual fund shareholder. Free 2012 e file Simple example, Simple Example — Filled-In Form 1116 Soak-up taxes, Soak-up taxes. Free 2012 e file Social security taxes, Pension, unemployment, and disability fund payments. Free 2012 e file Source of compensation for labor or personal services Alternative basis, Alternative basis. Free 2012 e file Multi-year compensation, Multi-year compensation. Free 2012 e file Time basis, Time basis. Free 2012 e file Transportation income, Transportation Income State income taxes, State income taxes. Free 2012 e file Subsidy, Subsidy received. Free 2012 e file T Tax help, How To Get Tax Help Tax treaties, Tax Treaties Taxable income from sources outside the U. Free 2012 e file S. Free 2012 e file , determination of, Determining Taxable Income From Sources Outside the United States Taxes Excluded income, Foreign Earned Income and Housing Exclusions In lieu of income taxes, Taxes in Lieu of Income Taxes On dividends, Taxes Imposed on Certain Dividends Paid or accrued, Credit for Taxes Paid or Accrued Withheld on income or gain, Taxes Withheld on Income or Gain (Other Than Dividends) Taxes related to a foreign tax credit splitting event, Taxes Related to a Foreign Tax Credit Splitting Event Time limit Refund claims, Time Limit on Refund Claims Tax assessment, Time Limit on Tax Assessment Translating foreign currency, Translating foreign currency into U. Free 2012 e file S. Free 2012 e file dollars. Free 2012 e file U U. Free 2012 e file S. Free 2012 e file citizens, U. Free 2012 e file S. Free 2012 e file Citizens U. Free 2012 e file S. Free 2012 e file losses Allocation of, U. Free 2012 e file S. Free 2012 e file Losses U. Free 2012 e file S. Free 2012 e file possessions, U. Free 2012 e file S. Free 2012 e file possessions. Free 2012 e file Unused foreign tax credits, carryback or carryover, Carrybacks and carryovers. Free 2012 e file , Carryback and Carryover W Wages, Wages completely excluded. Free 2012 e file When refunds can be claimed, Time Limit on Refund Claims When tax can be assessed, Time Limit on Tax Assessment Who can take the credit, Who Can Take the Credit? Why choose the credit, Why Choose the Credit? Prev  Up     Home   More Online Publications