how do i deduct loan origination fees?

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  • #31207

    admin
    Participant

    I purchased a home this year. My hud-1 settlement statement says on line 801 $ 3617.95, on line 802 -$ 3058.80 (which is 1 point, doesn’t say 1% on statement), line 803 $ 559.15. My 1098 does not list any points paid. I was under the impression I was paying a point, what line can I use on my taxes?

    #137711

    admin
    Keymaster

    On Schedule A. There’s a line for points. I don’t think you can deduct origination fees, but the Tax Lady would know better. If you use TurboTax, it will walk you through all the deductions you can claim.

    Don’t forget to deduct PRE-PAID interest and PRE-PAID property taxes, which aren’t reflected on your year-end mortgage statement.

    #137712

    admin
    Keymaster

    Yes, this is a point.

    IRS pub 936:
    The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a home mortgage. Points may also be called loan origination fees, maximum loan charges, loan discount, or discount points.”

    You put the points on line 12 of the schedule A. If you can’t itemize, you can alternately claim it ratable over the life of the loan.

    #137713

    admin
    Keymaster

    Loan origination fees would NOT be deductible on your correctly completed 1040 income tax return.
    Qualified mortgage interest and property taxes that you are liable for and pay during the tax year would be deductible in the year that they are paid using the schedule A itemized deduction of the 1040 tax form.
    Go to the http://www.irs.gov website and use the search box for Publication 530 (2010), Tax Information for Homeowners

    Mortgage Interest Paid at Settlement
    One item that normally appears on a settlement or closing statement is home mortgage interest.
    You can deduct the interest that you pay at settlement if you itemize your deductions on Schedule A (Form 1040). This amount should be included in the mortgage interest statement provided by your lender. See the discussion under Mortgage Interest Statement, later. Also, if you pay interest in advance, see Prepaid interest, earlier, and Points, next.
    Points
    The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a home mortgage. Points also may be called loan origination fees, maximum loan charges, loan discount, or discount points.
    A borrower is treated as paying any points that a home seller pays for the borrower’s mortgage. See Points paid by the seller, later.
    General rule. You cannot deduct the full amount of points in the year paid. They are prepaid interest, so you generally must deduct them over the life (term) of the mortgage.
    Exception. You can deduct the full amount of points in the year paid if you meet all the following tests.

    # 9 The amount is clearly shown on the settlement statement (such as the Uniform Settlement Statement, Form HUD-1) as points charged for the mortgage. The points may be shown as paid from either your funds or the seller’s.
    Note.
    If you meet all of the tests listed above and you itemize your deductions in the year you get the loan, you can either deduct the full amount of points in the year paid or deduct them over the life of the loan, beginning in the year you get the loan. If you do not itemize your deductions in the year you get the loan, you can spread the points over the life of the loan and deduct the appropriate amount in each future year, if any, when you do itemize your deductions.
    Hope that you find the above enclosed information useful and good luck to you.

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