Are Points Deductible?

Written By: Glenn Michaels

Over the years I am often asked by borrowers if the points they pay at closing are tax deductible. When I am asked I always say, “Consult your tax advisor” as I am not an accountant or a tax advisor.

However with a little help, the IRS has a page explaining the rules as it pertains to the deductibility of points paid to obtain a mortgage.

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The term, “points” is used to describe certain charges paid to obtain a home mortgage and may be deductible as home mortgage interest, if you itemize deductions on form 1040, Schedule A. If you can deduct all of your interest on your mortgage, you may be able to deduct all of the points paid on the mortgage. If your acquisition debt exceeds $1 million or your home equity debt exceeds $100,000, you cannot deduct all of the interest on your mortgage and you cannot deduct all your points. Home Mortgage Interest Deduction, to figure your deductible points in that case. For more information see IRS publication 936.

You can deduct the points in full in the year that they are paid, if all of the following requirements are met:

1. Your loan is secured by your main home is the one you live in most of the time.
2. Paying points is an established business practice in your area.
3. The points paid were not more than the amount generally charged in that area.
4. You use the cash method of accounting. This means you report income in the year you pay them.
5. The points were not paid for terms that are usually are separately stated on the settlement statement such as appraisal fees, inspection fees, title fees, attorney fees, or property taxes.
6. The funds you provided at or before closing, plus any points the seller paid, were at least as much the points charged. You cannot have borrowed the funds from your lender or mortgage broker in order to pay the points.
7. You use your loan to buy or build your main home.
8. The points were computed as a percentage of the principal amount of the mortgage, and
9. The amount is clearly shown as points on your settlement statement.

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You can also fully deduct (in the year paid) points paid to improve your main home if the above tests one through six are met. Points that do not meet these requirements may be deductible over the life of the loan. Points paid for refinancing generally can only be deducted over the life of the new mortgage. However, if you use part of the refinanced mortgage proceeds to improve your main home, and you meet the first six requirements stated above, you can fully deduct the part of the points related to the improvement in the year you paid them with your own funds. You can deduct the rest of the points over the life of the loan. Points charged for specific services, such as, preparation costs for a mortgage note, appraisal fees, or notary fees are not interest and cannot be deducted. Points paid by the seller of a home cannot be deducted as interest on the seller’s tax return. But they are selling expense which will reduce the amount of gain realized. Points paid by the seller may be deducted by the buyer, provided the buyer subtracts the amount from the basis or cost of the residence. Points you pay on loans secured by your second home can be deducted only over the life of the loan.

You may be subject to a limit on some of your itemized deductions, including points. For more information on the adjusted gross limitations see form 1040 instructions.


About The Author

Glenn Michaels - As an NAMP® staff writer, Glenn Michaels is a mortgage underwriting instructor for Mortgage Underwriter University (www.MortgageUnderwriter.org). As a BBA & FHA DE Underwriter, Glenn is a Pace University graduate who also graduated from New York University’s School of Mortgage Finance. Glenn has conducted numerous training classes and has worked in the mortgage banking industry for 38 years. If you're interested in becoming a writer for NAMP®, please email us at: contact@mortgageprocessor.org.

 


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