{"id":1558,"date":"2007-06-21T09:25:51","date_gmt":"2007-06-21T16:25:51","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=1558"},"modified":"2007-06-20T19:31:10","modified_gmt":"2007-06-21T02:31:10","slug":"pay-the-loan-down-and-refinance-later-the-irs-is-out-to-getchya","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1558\/pay-the-loan-down-and-refinance-later-the-irs-is-out-to-getchya\/","title":{"rendered":"Pay the Loan Down and Refinance Later? The IRS is Out To Getchya !"},"content":{"rendered":"

Rising real estate prices and serial “cash-out” refinance transactions has the IRS licking their chops. Mortgage interest deductions are limited to the acquisition indebtedness<\/a> plus a maximum of $100,000 for home equity indebtedness<\/a>. Scofflaws have taken advantage of the fact that the IRS is not able to track the segregation of loan transactions by loan proceeds usage. In fact, your friendly CPA has probably told you “not to worry about it” when you erroneously overdeduct the mortgage interest for the loans you’ve taken against your home.<\/p>\n

That’s about to change. The IRS is requiring lenders to report any and all cash-out refinance transactions this year on the Form 1098<\/a>. This now gives Big Brother an opportunity to segregate new loans by proceeds usage and set a trap for the willing tax scofflaw.<\/p>\n

Let me give you an example:<\/strong> Bill and Jacqueline bought a beautiful home in Houston, TX for $250,000 in 1998. They put $100,000 down and took a $150,000, 30 year mortgage. They set their acquisition indebtedness at $150,000 but were reducing it as they paid the loan through an amortizing loan. In 2003, they refinanced $140,000 into a 15 year, low rate loan as their home value grew to $340,000. They plan to refinance their home in 2012 to pay for their twins education at the University of Texas. They recognize that they’ll need about $200,000 for the twins’ education but figure that they’ll be well under the acquisition indebtedness plus home equity indebtedness limit for tax deductibility of mortgages.<\/p>\n

They’ll owe about $35,000, borrow $200,000, and be well under that figure…right?<\/p>\n

WRONG.<\/strong> Acquisition Indebtedness is reduced by an amortizing loan, in their case, it is reduced to about $35,000. Add the $100,000 for the home equity indebtedness and their limit for the deductibility of interest will be closer to $135,000. The interest on $100,000 of that loan won’t be tax deductible, costing them about $2,000 to $4,000 in extra income taxes each year.<\/p>\n

…and they WILL get caught<\/strong>. The IRS is following the money now<\/a>. If you’ve used your home as an ATM and haven’t reinvested the proceeds or improved your property, you Read more<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Rising real estate prices and serial “cash-out” refinance transactions has the IRS licking their chops. Mortgage interest deductions are limited to the acquisition indebtedness plus a maximum of $100,000 for home equity indebtedness. Scofflaws have taken advantage of the fact that the IRS is not able to track the segregation of loan transactions by loan […]<\/p>\n","protected":false},"author":15,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[26,5],"tags":[],"class_list":{"0":"post-1558","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-lending","7":"category-real-estate","9":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":17011,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/17011\/cant-refinance-because-your-income-dropped-help-may-be-on-the-way\/","url_meta":{"origin":1558,"position":0},"title":"Can\u2019t refinance because your income dropped? Help may be on the way.","author":"Brian Brady","date":"September 14, 2020","format":false,"excerpt":"Last week, Freddie Mac published their Mortgage Market Survey, showing that the average rate, for conforming mortgage loans originated, was under 3%.\u00a0 The company who performed the survey (Black Knight), figures that there are close to 20 million homeowners who can refinance now: The company says there are now 19.3\u2026","rel":"","context":"In "Lending"","block_context":{"text":"Lending","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/lending\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-content\/uploads\/2020\/09\/scott-graham-OQMZwNd3ThU-unsplash-480x320.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":15383,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/15383\/lower-va-funding-fees-as-of-november-18-2011-attract-year-end-veteran-buyers\/","url_meta":{"origin":1558,"position":1},"title":"Lower VA funding fees, as of November 18, 2011, attract year-end veteran buyers","author":"Brian Brady","date":"November 22, 2011","format":false,"excerpt":"N.B:\u00a0 On the day before I published this, HR 674 passed, reverting the funding fee amounts to the \"old\" levels.\u00a0 It was updated in VA Circular 26-11-19, published November 22, 2011.\u00a0 The \"new\" lower funding fee schedule was in effect for three days, from Nov 18-21.\u00a0 Sorry for the confusion.\u2026","rel":"","context":"In "Lending"","block_context":{"text":"Lending","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/lending\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":4858,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/4858\/will-mortgage-brokers-be-the-hope-for-homeowners\/","url_meta":{"origin":1558,"position":2},"title":"Will Mortgage Brokers Be the Hope For Homeowners?","author":"Brian Brady","date":"October 8, 2008","format":false,"excerpt":"The FHA Hope For Homeowners program was designed for existing homeowners, struggling with mortgage payments and an \"upside-down\" equity position in their primary residence.\u00a0 It is a new program with lots of misinformation.\u00a0 Some believe it can only be offered by existing loan servicers, some think only participating lender\/servicers can\u2026","rel":"","context":"In "Lending"","block_context":{"text":"Lending","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/lending\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1382,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1382\/fha-streamlined-refinance-loans-originators-git-you-some\/","url_meta":{"origin":1558,"position":3},"title":"FHA Streamlined Refinance Loans: Originators, Git You Some !","author":"Brian Brady","date":"May 3, 2007","format":false,"excerpt":"Loan originators, subprime mortgage blues got you down in the dumps? Let's talk about a way to get your pipeline phat again. I'm going to give you a step-by-step plan to start, what Todd Duncan calls, the 90-day burn. If you follow these steps, and you don't close 10 loans\u2026","rel":"","context":"In "Real Estate"","block_context":{"text":"Real Estate","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/real-estate\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":16638,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/16638\/va-interest-rate-reduction-loans-irrl-and-forebearances\/","url_meta":{"origin":1558,"position":4},"title":"VA Interest Rate Reduction Loans (IRRL) and Forbearances","author":"Brian Brady","date":"August 21, 2020","format":false,"excerpt":"A VA Interest Rate Reduction Loan (IRRL) is a streamlined refinance mortgage which allows veterans to lower their interest rate and payment without an appraisal, income qualification, or assets documentation.\u00a0 It is a simple process which, over the years, has been subject to lender overlays but still offers veterans a\u2026","rel":"","context":"In "Lending"","block_context":{"text":"Lending","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/lending\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":888,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/888\/predatory-lending-legislation-can-prey-on-the-responsible\/","url_meta":{"origin":1558,"position":5},"title":"Predatory Lending Legislation Can Prey on The Responsible","author":"Brian Brady","date":"January 12, 2007","format":false,"excerpt":"New Minnesota Attorney General, Lori Swanson, vows to put an end to predatory lending. She formed an 11-member task force to come up with proposals to curb the practice. That sounds pretty good unless you don't know how to define predatory lending. Arizona Governor, Janet Napolitano, pursued this fight back\u2026","rel":"","context":"In "Investment"","block_context":{"text":"Investment","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/investment\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/1558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=1558"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/1558\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=1558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=1558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=1558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}