Re: Deducting accrued home mortgage interest

Jan 24, 2008 4 Replies


Brian wrote:


>
>
>>I am having a spirited discussion with one of my colleagues
>>about the deduction for home mortgage interest. I have
>>always believed that in order to deduct mortgage interest it
>>must be paid. He has directed me to IRS Code Secti>>
>> Code section 163
>>
>>(A) In general. The term "qualified residence interest"
>>means any interest which is paid OR ACCRUED during the
>>taxable year on?
>>
>>(i) acquisition indebtedness with respect to any qualified
>>residence of the taxpayer, or
>>
>>(ii) home equity indebtedness with respect to any qualified
>>residence of the taxpayer.
>>
>>Obviously, I added the caps for emphasis. If this means what
>>it says, can a taxpayer merely sign a new note each year for
>>the unpaid interest and take a deduction? Or is this a case
>>of, you can take a deduction for accrued interest if you
>>happen to be a cash basis individual?
>
>
> What it means is that if you are a cash basis taxpayer, you
> deduct the interest when paid and if you are an accrual
> basis taxpayer, you deduct it as it accrues.
>
> In all my years of practice I never met an accrual basis
> individual taxpayer. Has anyone?

I don't see where Section 163 states the accrued interest can only be deducted if you are an accrued based taxpayer?

That's the basic definition of a cash as opposed to an accrual taxpayer. Section 461(a) says,

"The amount of any deduction or credit allowed by this subtitle shall be taken for the taxable year which is the proper taxable year under the method of accounting used in computing taxable income."

Stu

...And is in contrast to verbage used in other sections such as 170A which requires payment to be deductible - i.e. cannot be merely accrued (pledged).

Section 170A? I couldn't find it. But if you're talking about statutes dealing with specific types of income or deduction, those would be exceptions, and would not diminish the general rule.

Stu

Sorry for the brain Freeze: Section 170, and it's regulations 1.170A.

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