Real Estate Loan

Deductibility of Real-Estate Loan Refinancing Charges Deductibility of Real-Estate Loan Refinancing Charges By Steven V. Melnik E-mail Story Print Story With interest rates at all-time lows, many Americans are refinancing home loans. Because refinancing transactions usually cost thousands of dollars, it is important to know when refinancing expenditures are deductible. Loans Secured by a Principal Residence The IRC defines a principal residence as where the taxpayer spends the most time during any given taxable year. Consequently, principal residence status can change from year to year. As a general rule, taxpayers can deduct points paid for refinancing principal residence loans. IRC section 461(g) defines many fees as points, but only qualifying points are allowed as a deduction. Qualifying points are usually fees paid to the lender for a loan (see the Sidebar for a list of requirements). Loan application, processing, underwriting, and other fees are not deductible. Revenue Procedure 94-27 allows itemized deductions for qualifying points resulting from the purchase of a principal residence. Points paid for refinancing an existing mortgage, however, cannot be immediately deducted. According to IRC section 461(g), those points are deducted over the life of the new loan. To calculate the portion of those points deductible in any particular year, determine the deductible points for each loan payment and multiply by the number of payments made during that year (per payment amortization). For example, consider an individual who paid $1,800 refinancing qualifying points on a principal residence for a 30-year loan requiring 12 payments per year (a total of 360 payments). The $5 allowable deduction for every loan payment is calculated by dividing $1,800 by 360. Six loan payments during the year would result in a $30 itemized deduction, with unamortized points amounting to $1,770. Multiple Refinancing Activities Remaining refinancing points are generally deductible in the year when a second refinancing occurs with a different lender. In the example above, the remaining $1,770 first-loan points would be deductible that year. If the second refinancing is with the same lender, however, the remaining points and any new qualifying points paid would be deductible over the life of the new loan. Points paid during a refinancing transaction are immediately deductible to the extent the new loan is used to substantially improve a principal residence, assuming the requirements listed in the Sidebar are met. Substantial improvements, such as building an addition to a house, qualify. For example, a $60,000 loan from bank B to refinance bank A’s $40,000 loan and a $20,000 house addition would result in one-third of the newly paid qualifying points being deducted that year. Refinancing of Second or Vacation Homes Some Americans are investing in real estate as an alternative to stocks and bonds. Tax rules applicable to vacation and second homes differ from those for primary residences. Points paid for a purchase, substantial improvement, or refinancing of second and vacation homes are generally deductible over the life of the loan. The per-payment amortization method is applicable. Other refinancing-related expenditures increase the tax basis of the home. Rental Properties and Properties Used in a Trade or Business. When refinancing rental properties and properties used in a trade or business, all ordinary and necessary refinancing expenditures are deductible over the life of the loan. Refinance-related expenditures for rental properties are deductible on line 18, Form 1040, Schedule E; for properties used in a trade or business, expenditures are deducted on Form 1040, Schedule C. Other Deductibility Issues When sellers of real estate pay for points on the buyer’s behalf, they are not allowed to deduct those points, but can reduce sales proceeds. Buyers can deduct those points if the property basis is reduced by the same amount. All other refinancing-related expenditures, such as attorney, appraisal, bank, title, and other fees, are not deductible. They do, however, increase the tax basis of the home to the extent they are not deductible. Points are deductible when a cash-basis taxpayer itemizes deductions. Deductibility can be affected, however, when a taxpayer’s adjusted gross income reaches a certain threshold. (The 2003 threshold is $69,750 for married filing separately returns and $139,500 for all others.) The deductibility of refinancing-related expenditures depends upon the type of property securing the refinanced loan, as well as how the loan proceeds are used. The use of the property must be understood, because properties can be used for more than one tax purpose in any given year. It is important to be familiar with the tax consequences of refinancing transactions in order to derive the maximum benefit. Steven V. Melnik, LLM, JD, CPA , is Professor of Tax Law and Director of Graduate Tax Programs at Bernard M. Baruch College, City University of New York. May 2004 Issue Enlarge Cover Features Regulation of Professions by Interstate Compact 20 Questions onTrust, Medicaid, Insurance, and Asset Transfers Accounting for Stock Option Government Procurement Basics More This Issue | Past Issues Home | Contact | Subscribe | Advertise | Archives | NYSSCPA The CPA Journal is broadly recognized as an outstanding, technical-refereed publication aimed at public practitioners, management, educators, and other accounting professionals. It is edited by CPAs for CPAs. 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Rental property at Emirates Hills | Real Estate Thursday, December 29 - 2005 Home | E-mail | MediaCentre | User Login AME Info - Middle East Finance and Economy AME Info - Arabic Version Index : Real Estate Browse related articles « Previous article Next article » Rental property at Emirates Hills United Arab Emirates: Monday, December 19 - 2005 at 07:24 Tameer Holding is building new residential units, which it will offer for rent only, in its $13.6m Al Shahd tower at Emirates Hills in Dubai. The 17-storey tower has a total of 168 studio, one and two bedroom apartments. It is due to be completed by March 2007. 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Prudential Northeast Properties - A Maine Real Estate Agent | Buying, Selling, Residential Homes, Commercial Properties Residential Property Commercial Property Land Multi-Family Rentals Find a Professional Contact Us Relocation Services Buying and Selling Tips Request for Info Careers in Real Estate Community Consumer Information Home Bangor Office 160 Broadway (Main Office) Bangor, Maine 04401 (207) 942-8261 (tel) (207) 942-9544 (fax) Ellsworth Office 105 High Street Ellsworth, Maine 04605 (207) 667-4604 (207) 667-4719 (fax) Searsport Office 185 West Main Street Searsport, Maine 04974 (207) 548-2280 (207) 548-0246 (fax) Camden Office 23 Main Street Camden, Maine 04843 (207) 236-4393 (207) 236-4314 (fax) Newport Office 158 Main Street Newport, Maine 04953 (207) 368-4400 (207) 478-4361(fax) Northeast Harbor Office 12 Summit Road Northeast Harbor, Maine 04662 (207) 276-5108 (207) 276-5091 (fax) Dexter Office 24 Main Street Dexter, Maine 04953 (207) 924-3300 (207) 924-6700 (fax) Prudential Northeast Properties is a Maine real estate company serving all of Eastern, Central, Coastal, and Downeast Maine. We can help you with: Buying or Selling a Home Real Estate Investment Commercial Properties Mortgage Finance Appraisal Services New Home Construction Why Choose Prudential? Our commitment to serving the needs of our clients with uncompromising professionalism, caring and integrity sets our company apart from other firms. Experienced, knowledgeable real estate brokers combined with our "one stop shop" approach to real estate allows us to provide you with superior service and products. We have been in business since 1903, and our affiliation with Prudential Real Estate enhances our network capacity and provides access to the best tools and programs available. With our world wide reach and state of the art technology and services we simply have more to offer you. Whether you're interested in buying or selling a home in Maine, or seeking resort, vacation and retirement living opportunities in Maine, we offer you a wide range of information designed to help you make the right decision concerning this substantial investment. If you're thinking about relocating, be sure to explore "relocation services " to make yours an easy move. We invite you to become one of our valued clients today - Welcome. OR Property Type Residential Commercial Land Multi Family City/Town OR MLS Number | Residential Property | Commercial Property | Land | Multi-Family | Rentals | Find a Professional | Contact Us | Relocation Services | Buying and Selling Tips | Request for Info | Careers in Real Estate | Community | Consumer Information | Home | 1998 - 2005 Prudential Northeast Properties. An independently owned and operated member of The Prudential Real Estate Affiliates, Inc. is a service mark of The Prudential Insurance Company of America. Equal Housing Opportunity. Equal Opportunity Employer.