Deductibility of Points

Hi, I'm doing my 2011 taxes (which I swore I'd do earlier this year ), and a question has come up about whether or not I should have fully/partially/or amortized points paid on a 2009 refinance. If fully, it's worth amending my 2009 return; if amortized, not sure if I want to go back and amend my 2009 and 2010...because that would include my CA state returns, too.

The details are:

I refinanced my home in 2009 to pay some large medical bills, among other things. It closed March 16, 2009. I got $63,977.22 cash out. Using round figures, the original loan balance was around $331,000, and the new loan was for $460,000. Both original and new loans were/are held with my credit union, and for 20 years. The new loan documents from my lender state verbatim:

Itemization of Amount Financed of $451,496.78:

$460,000.00 Amount given to me directly $460,000.00 Principal amount of loan $8,503.33 Prepaid finance charge (itemization below):

$6,900.00 for "points" paid by me $1,022.22 for 16 days prepaid interest $88.00 Tax related service fee $300.00 Loan processing fee $150.00 Underwriting fee $18.00 Flood certification fee $$25.00 Other fee

I also received a check for $63,977.22 as cash out.

There are other non-relevant sections.

I get a Form 1098 every year from my lender. Box 1 shows the interest paid on the loan. Box 2, which is for points paid, has been empty all years. My questions are:

1) are the $6,900.00 points paid decuctible in any manner, or is the interest on this included in Box 1, loan interest?

2) if deductible, are they all deductible in the year paid, 2009, or only amortizable?

Normally, I'd think that the interest for the points is paid with the monthly loan payments, but because I got cash-out, I wonder if it was 'taken' from the $63,977.22; I told my lender I wanted to refi for $460,000.

3) I am thinking about refinancing again, for a 15 year loan. If I do, and if I go back to 2009 and amend to fully deduct the $6,900.00, will I end up paying some of that deduction back?

Thanks in advance, to anyone that is reading this.

Reply to
Boris
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The prepaid intert is deductible. The points on refinance are amortized over the life of the mortgage.

The other fees are personal, not deductible costs.

Reply to
Arthur Kamlet

If you refinance, and 2 of 30 years have passed, you can take the remaining 28/30ths of the points in the year you refi, along with 1/nth of the new loan's points, where here, you say your n.

Reply to
JoeTaxpayer

Only if you refinance with a different lender. If you refinance with the same lender, you have to amortize the remaining original points plus the new points over the length of the new mortgage.

Ira Smilovitz Leonia, NJ

Reply to
ira smilovitz

snipped-for-privacy@panix.com (Arthur Kamlet) wrote in news:jmdbmh$89k$ snipped-for-privacy@reader1.panix.com:

The $6,900.00 is further itemized on another form as: $2,300.00 Loan origination fee $4,600.00 Ad-on Fee - Credit Union

So, if I understand correctly, the $6,900 is deductible over the life of the loan ($345/year on my Sched. A), and the $1,022 was immediately fully deductible on my 2009 return, even though neither appeared on any year's Form 1098?

Thanks again.

Reply to
Boris

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