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Tax Form 1040nr Ez

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Tax Form 1040nr Ez

Tax form 1040nr ez Publication 971 - Introductory Material Table of Contents What's New IntroductionOrdering forms and publications. Tax form 1040nr ez Questions about innocent spouse relief. Tax form 1040nr ez Useful Items - You may want to see: What's New Expanded filing deadline for equitable relief. Tax form 1040nr ez  The period of time in which you may request equitable relief has been expanded. Tax form 1040nr ez See How To Request Relief later. Tax form 1040nr ez More information. Tax form 1040nr ez   For more information about the latest developments on Publication 971, go to www. Tax form 1040nr ez irs. Tax form 1040nr ez gov/pub971. Tax form 1040nr ez Introduction When you file a joint income tax return, the law makes both you and your spouse responsible for the entire tax liability. Tax form 1040nr ez This is called joint and several liability. Tax form 1040nr ez Joint and several liability applies not only to the tax liability you show on the return but also to any additional tax liability the IRS determines to be due, even if the additional tax is due to income, deductions, or credits of your spouse or former spouse. Tax form 1040nr ez You remain jointly and severally liable for the taxes, and the IRS still can collect from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax. Tax form 1040nr ez In some cases, a spouse (or former spouse) will be relieved of the tax, interest, and penalties on a joint tax return. Tax form 1040nr ez Three types of relief are available to married persons who filed joint returns. Tax form 1040nr ez Innocent spouse relief. Tax form 1040nr ez Separation of liability relief. Tax form 1040nr ez Equitable relief. Tax form 1040nr ez Married persons who did not file joint returns, but who live in community property states, may also qualify for relief. Tax form 1040nr ez See Community Property Laws , later. Tax form 1040nr ez This publication explains these types of relief, who may qualify for them, and how to get them. Tax form 1040nr ez You can also use the Innocent Spouse Tax Relief Eligibility Explorer at IRS. Tax form 1040nr ez gov by entering “Innocent Spouse” in the search box. Tax form 1040nr ez What this publication does not cover. Tax form 1040nr ez   This publication does not discuss injured spouse relief. Tax form 1040nr ez You are an injured spouse if your share of the overpayment shown on your joint return was, or is expected to be, applied (offset) against your spouse's legally enforceable past-due federal taxes, state income taxes, state unemployment compensation debts, child or spousal support payments, or a federal nontax debt, such as a student loan. Tax form 1040nr ez If you are an injured spouse, you may be entitled to receive a refund of your share of the overpayment. Tax form 1040nr ez For more information, see Form 8379, Injured Spouse Allocation. Tax form 1040nr ez Comments and suggestions. Tax form 1040nr ez   We welcome your comments about this publication and your suggestions for future editions. Tax form 1040nr ez   You can write to us at the following address:  Internal Revenue Service Individual Forms and Publications Branch SE:W:CAR:MP:T:I 1111 Constitution Ave. Tax form 1040nr ez NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Tax form 1040nr ez Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Tax form 1040nr ez   You can email us at taxforms@irs. Tax form 1040nr ez gov. Tax form 1040nr ez Please put “Publications Comment” on the subject line. Tax form 1040nr ez You can also send us comments from www. Tax form 1040nr ez irs. Tax form 1040nr ez gov/formspubs/, select “Comment on Tax Forms and Publications” under “Information about. Tax form 1040nr ez ”   Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products. Tax form 1040nr ez Ordering forms and publications. Tax form 1040nr ez   Visit www. Tax form 1040nr ez irs. Tax form 1040nr ez gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received. Tax form 1040nr ez  Internal Revenue Service 1201 N. Tax form 1040nr ez Mitsubishi Motorway Bloomington, IL 61705-6613 Questions about innocent spouse relief. Tax form 1040nr ez The IRS can help you with your request for innocent spouse relief. Tax form 1040nr ez If you are working with an IRS employee, you can ask that employee, or you can call 866-897-4270. Tax form 1040nr ez Useful Items - You may want to see: Publications 504 Divorced or Separated Individuals 555 Community Property 556 Examination of Returns, Appeal Rights, and Claims for Refund 594 The IRS Collection Process Forms (and Instructions) 8857 Request for Innocent Spouse Relief Prev  Up  Next   Home   More Online Publications
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The Tax Form 1040nr Ez

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