| Pub. 936, Home Mortgage Interest Deduction |
2004 Tax Year |
Main Contents
This is archived information that pertains only to the 2004 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
Part I. Home Mortgage Interest
This part explains what you can deduct as home mortgage interest. It includes discussions on points and on how to report deductible
interest on
your tax return.
Generally, home mortgage interest is any interest you pay on a loan secured by your home (main home
or a second home). The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan.
You can deduct home mortgage interest only if you meet all the following conditions.
-
You must file Form 1040 and itemize deductions on Schedule A (Form 1040).
-
You must be legally liable for the loan. You cannot deduct payments you make for someone else if you are not legally liable
to make them.
Both you and the lender must intend that the loan be repaid. In addition, there must be a true debtor-creditor relationship
between you and the
lender.
-
The mortgage must be a secured debt on a qualified home. “Secured debt” and “qualified home” are explained later.
Fully deductible interest.
In most cases, you will be able to deduct all of your home mortgage interest. Whether it is all deductible depends
on the date you took out the
mortgage, the amount of the mortgage, and your use of its proceeds.
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. (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.) 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.
The three categories are as follows.
-
Mortgages you took out on or before October 13, 1987 (called grandfathered debt).
-
Mortgages you took out after October 13, 1987, to buy, build, or improve your home (called home acquisition debt), but only
if throughout
2004 these mortgages plus any grandfathered debt totaled $1 million or less ($500,000 or less if married filing separately).
-
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 2004 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).
The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home.
See Part II for more detailed definitions of grandfathered, home acquisition, and home equity debt.
You can use Figure A to check whether your home mortgage interest is
fully deductible.
You can deduct your home mortgage interest only if your mortgage is a secured debt. 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.
In other words, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender.
If you cannot pay the
debt, your home can then serve as payment to the lender to satisfy (pay) the debt. In this publication, mortgage will refer
to secured debt.
Debt not secured by home.
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).
A debt is not secured by your home if it once was, but is no longer secured by your home.
Wraparound mortgage.
This is not a secured debt unless it is recorded or otherwise perfected under state law.
Example.
Beth owns a home subject to a mortgage of $40,000. She sells the home for $100,000 to John, who takes it subject to the $40,000
mortgage. Beth
continues to make the payments on the $40,000 note. John pays $10,000 down and gives Beth a $90,000 note secured by a wraparound
mortgage on the home.
Beth does not record or otherwise perfect the $90,000 mortgage under the state law that applies. Therefore, that mortgage
is not a secured debt, and
the interest John pays on it is not deductible as home mortgage interest.
Choice to treat the debt as not secured by your home.
You can choose to treat any debt secured by your qualified home as not secured by the home. This treatment begins
with the tax year for which you
make the choice and continues for all later tax years. You may revoke your choice only with the consent of the Internal Revenue
Service (IRS).
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. This may allow you, if the limits in Part II apply to you, more of a deduction for
interest on other debts that are deductible only as home mortgage interest.
Cooperative apartment owner.
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.
For you to take a home mortgage interest deduction, your debt must be secured by a qualified home. This means your main home
or your second home. A
home includes a house, condominium, cooperative, mobile home, house trailer, boat, or similar property that has sleeping,
cooking, and toilet
facilities.
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. Otherwise, it is considered personal interest and is not deductible.
Main home.
You can have only one main home at any one time. This is the home where you ordinarily live most of the time.
Second home.
A second home is a home that you choose to treat as your second home.
Second home not rented out.
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.
You do not have to use the home during the year.
Second home rented out.
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. 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.
If you do not use the home long enough, it is considered rental property and not a second home. For information on residential
rental property, see
Publication 527.
More than one second home.
If you have more than one second home, you can treat only one as the qualified second home during any year. However,
you can change the home you
treat as a second home during the year in the following situations.
-
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.
-
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.
-
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.
Divided use of your home.
The only part of your home that is considered a qualified home is the part you use for residential living. 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. 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. 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. (See Home Acquisition Debt in Part II.) Dividing
the fair market value may affect your home equity debt limit, also explained in Part II.
Renting out part of home.
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.
-
The rented part of your home is used by the tenant primarily for residential living.
-
The rented part of your home is not a self-contained residential unit having separate sleeping, cooking, and toilet facilities.
-
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.
If two persons (and dependents of either) share the same sleeping quarters, they are treated as one tenant.
Office in home.
If you have an office in your home that you use in your business, see Publication 587, Business Use of Your Home.
It explains how to figure your
deduction for the business use of your home, which includes the business part of your home mortgage interest.
Home under construction.
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.
The 24-month period can start any time on or after the day construction begins.
Home destroyed.
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. This means you can continue to deduct the interest you pay on your home mortgage, subject to the limits described
in this publication.
You can continue treating a destroyed home as a qualified home if, within a reasonable period of time after the home
is destroyed, you:
This rule applies to your main home and to a second home that you treat as a qualified home.
Time-sharing arrangements.
You can treat a home you own under a time-sharing plan as a qualified home if it meets all the requirements. 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.
Rental of time-share.
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.
See Second home rented out,
earlier, for the use requirement. 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.
Married taxpayers.
If you are married and file a joint return, your qualified home(s) can be owned either jointly or by only one spouse.
Separate returns.
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. However, if you both consent in writing, then one spouse can take both the main home and a second home into account.
This section describes certain items that can be included as home mortgage interest and others that cannot. It also describes
certain special
situations that may affect your deduction.
Late payment charge on mortgage payment.
You can deduct as home mortgage interest a late payment charge if it was not for a specific service in connection
with your mortgage loan.
Mortgage prepayment penalty.
If you pay off your home mortgage early, you may have to pay a penalty. 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.
Sale of home.
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.
Example.
John and Peggy Harris sold their home on May 7. Through April 30, they made home mortgage interest payments of $1,220. 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. Their mortgage
interest deduction is
$1,270 ($1,220 + $50).
Prepaid interest.
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. You can deduct in each year only the interest that qualifies as home mortgage interest for that year. However, there
is an exception that
applies to points, discussed later.
Mortgage interest credit.
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. Figure the credit on Form 8396, Mortgage Interest Credit. If you take this
credit, you must reduce
your mortgage interest deduction by the amount of the credit.
See Form 8396 and Publication 530 for more information on the mortgage interest credit.
Ministers' and military housing allowance.
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.
Mortgage assistance payments.
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. You cannot deduct the interest that is paid for you.
No other effect on taxes.
Do not include these mortgage assistance payments in your income. Also, do not use these payments to reduce other
deductions, such as real estate
taxes.
Divorced or separated individuals.
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. See the discussion of Payments for jointly-owned home under Alimony in Publication 504,
Divorced or Separated Individuals.
Redeemable ground rents.
In some states (such as Maryland), you may buy your home subject to a ground rent. A ground rent is an obligation
you assume to pay a fixed amount
per year on the property. Under this arrangement, you are leasing (rather than buying) the land on which your home is located.
If you make annual or periodic rental payments on a redeemable ground rent, you can deduct them as mortgage interest.
A ground rent is a redeemable ground rent if all of the following are true.
-
Your lease, including renewal periods, is for more than 15 years.
-
You can freely assign the lease.
-
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.
-
The lessor's interest in the land is primarily a security interest to protect the rental payments to which he or she is entitled.
Payments made to end the lease and to buy the lessor's entire interest in the land are not ground rents. You cannot
deduct them.
Nonredeemable ground rent.
Payments on a nonredeemable ground rent are not mortgage interest. You can deduct them as rent if they are a business
expense or if they are for
rental property.
Rental payments.
If you live in a house before final settlement on the purchase, any payments you make for that period are rent and
not interest. This is true even
if the settlement papers call them interest. You cannot deduct these payments as home mortgage interest.
Mortgage proceeds invested in tax-exempt securities.
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. “ Grandfathered debt” and “ home equity debt” are defined in Part II of this
publication.
Refunds of interest.
If you receive a refund of interest in the same year you paid it, you must reduce your interest expense by the amount
refunded to you. 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. However, you
need to include it only up to the amount of the deduction that reduced your tax in the earlier year. This is true whether
the interest overcharge was
refunded to you or was used to reduce the outstanding principal on your mortgage. If you need to include the refund in income,
report it on Form
1040, line 21.
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. For information about Form 1098, see Mortgage Interest Statement, later.
For more information on how to treat refunds of interest deducted in earlier years, see Recoveries in Publication 525, Taxable and
Nontaxable Income.
Cooperative apartment owner.
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. The patronage dividend is a partial refund to the cooperative housing corporation of mortgage
interest it paid in a
prior year.
If you receive a Form 1098 from the cooperative housing corporation, the form should show only the amount you can
deduct.
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.
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 generally cannot deduct the full amount of points in the year paid. Because they are prepaid interest, you generally
deduct them ratably over
the life (term) of the mortgage. However, see Deduction allowed in year paid, and Home improvement loan.
Deduction allowed in year paid.
You can fully deduct points in the year paid if you meet all the following tests. (You can use Figure B as a quick
guide to see whether your points
are fully deductible in the year paid.)
-
Your loan is secured by your main home. (Your main home is the one you ordinarily live in most of the time.)
-
Paying points is an established business practice in the area where the loan was made.
-
The points paid were not more than the points generally charged in that area.
-
You use the cash method of accounting. This means you report income in the year you receive it and deduct expenses in the
year you pay them.
Most individuals use this method.
-
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.
-
The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged.
The funds you
provided do not have to have been applied to the points. They can include a down payment, an escrow deposit, earnest money,
and other funds you paid
at or before closing for any purpose. You cannot have borrowed these funds from your lender or mortgage broker.
-
You use your loan to buy or build your main home.
-
The points were computed as a percentage of the principal amount of the mortgage.
-
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 these tests, you can choose to either fully deduct the points in the year paid, or deduct them over the
life of the loan.
Home improvement loan.
You can also fully deduct in the year paid points paid on a loan to improve your main home, if tests (1) through (6)
above are met.
Second home. You cannot fully deduct in the year paid points you pay on loans secured by your second home.
You can deduct these points only over the life of the loan.
Refinancing.
Generally, points you pay to refinance a mortgage are not deductible in full in the year you pay them. This is true
even if the new mortgage is
secured by your main home.
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, earlier, you can fully deduct the part of the points related to the improvement in the year you paid them with your own
funds. You can deduct the rest of the points over the life of the loan.
Example 1.
In 1992, Bill Fields got a mortgage to buy a home. In 2004, Bill refinanced that mortgage with a 15-year $100,000 mortgage
loan. The mortgage is
secured by his home. To get the new loan, he had to pay three points ($3,000). 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. Bill paid
the points out of his
private funds, rather than out of the proceeds of the new loan. The payment of points is an established practice in the area,
and the points charged
are not more than the amount generally charged there. Bill's first payment on the new loan was due July 1. He made six payments
on the loan in 2004
and is a cash basis taxpayer.
Bill used the funds from the new mortgage to repay his existing mortgage. 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. He cannot deduct all of the points in 2004. He can deduct
two points ($2,000)
ratably over the life of the loan. He deducts $67 [($2,000 ÷ 180 months) × 6 payments] of the points in 2004. The other point
($1,000)
was a fee for services and is not deductible.
Example 2.
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. Bill deducts 25% ($25,000 ÷ $100,000) of the points ($2,000) in 2004. His deduction is $500 ($2,000 × 25%).
Bill also deducts the ratable part of the remaining $1,500 ($2,000 - $500) that must be spread over the life of the loan.
This is $50
[($1,500 ÷ 180 months) × 6 payments] in 2004. The total amount Bill deducts in 2004 is $550 ($500 + $50).
Deduction allowed ratably.
If you do not meet the tests above under Deduction allowed in year paid, 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.
-
You use the cash method of accounting. This means you report income in the year you receive it and deduct expenses in the
year you pay them.
Most individuals use this method.
-
Your loan is secured by a home. (The home does not need to be your main home.)
-
Your loan period is not more than 30 years.
-
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.
-
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.
Original issue discount.
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. This reduction results in original issue discount,
which is discussed in
chapter 5 of Publication 535.
Amounts charged for services.
Amounts charged by the lender for specific services connected to the loan are not interest. Examples of these charges are:
-
Appraisal fees,
-
Notary fees,
-
Preparation costs for the mortgage note or deed of trust,
-
Mortgage insurance premiums, and
-
VA funding fees.
You cannot deduct these amounts as points either in the year paid or over the life of the mortgage. For information about
the tax treatment of
these amounts and other settlement fees and closing costs, get Publication 530.
Points paid by the seller.
The term “ points” includes loan placement fees that the seller pays to the lender to arrange financing for the buyer.
Treatment by seller.
The seller cannot deduct these fees as interest. But they are a selling expense that reduces the amount realized by
the seller. See Publication 523
for information on selling your home.
Treatment by buyer.
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. If all the
tests under Deduction allowed in year paid, earlier, are met, the buyer can deduct the points in the year paid. If any of those tests are
not met, the buyer deducts the points over the life of the loan.
If you need information about the basis of your home, see Publication 523 or Publication 530.
Funds provided are less than points.
If you meet all the tests in Deduction 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. In addition, you can deduct
any points paid by the
seller.
Example 1.
When you took out a $100,000 mortgage loan to buy your home in December, you were charged one point ($1,000). You meet all
the tests for deducting
points in the year paid, except the only funds you provided were a $750 down payment. Of the $1,000 charged for points, you
can deduct $750 in the
year paid. You spread the remaining $250 over the life of the mortgage.
Example 2.
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. In the year paid, you can deduct $1,750 ($750 of the amount you were charged plus the $1,000 paid by the seller).
You spread the remaining
$250 over the life of the mortgage. You must reduce the basis of your home by the $1,000 paid by the seller.
Excess points.
If you meet all the tests in Deduction 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. You must spread any additional points over
the life of the
mortgage.
Mortgage ending early.
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. However,
if you refinance the mortgage with the same lender, you cannot deduct any remaining balance of spread points. Instead, deduct
the remaining balance
over the term of the new loan.
A mortgage may end early due to a prepayment, refinancing, foreclosure, or similar event.
Example.
Dan paid $3,000 in points in 1994 that he had to spread out over the 15-year life of the mortgage. He had deducted $2,000
of these points through
2003.
Dan prepaid his mortgage in full in 2004. He can deduct the remaining $1,000 of points in 2004.
Limits on deduction.
You cannot fully deduct points paid on a mortgage that exceeds the limits discussed in Part II. See the Table 1 Instructions
for line 10.
Form 1098.
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. See Mortgage Interest Statement, next.
Mortgage Interest Statement
If you paid $600 or more of mortgage interest (including certain points) during the year on any one mortgage, you generally
will receive a Form
1098, Mortgage Interest Statement, or a similar statement from the mortgage holder. 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. A
governmental unit is a
person for purposes of furnishing the statement.
The statement for each year should be sent to you by January 31 of the following year. A copy of this form will also be sent
to the IRS.
The statement will show the total interest you paid during the year. If you purchased a main home during the year, it also
will show the deductible
points paid during the year, including seller-paid points. However, it should not show any interest that was paid for you
by a government agency.
As a general rule, Form 1098 will include only points that you can fully deduct in the year paid. However, certain points
not included on Form 1098
also may be deductible, either in the year paid or over the life of the loan. See the earlier discussion of Points to determine whether you
can deduct points not shown on Form 1098.
Prepaid interest on Form 1098.
If you prepaid interest in 2004 that accrued in full by January 15, 2005, this prepaid interest may be included in
box 1 of Form 1098. However, you
cannot deduct the prepaid amount for January 2005 in 2004. (See Prepaid interest, earlier.) You will have to figure the interest that
accrued for 2005 and subtract it from the amount in box 1. You will include the interest for January 2005 with other interest
you pay for 2005.
Refunded interest.
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.
See Refunds of interest under Special Situations, earlier.
Deduct the home mortgage interest and points reported to you on Form 1098 on Schedule A (Form 1040), line 10. 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. Attach a statement
explaining the
difference and print “See attached” next to line 10.
Deduct home mortgage interest that was not reported to you on Form 1098 on Schedule A (Form 1040), line 11. If you paid home
mortgage interest to
the person from whom you bought your home, show that person's name, address, and social security number (SSN) or employer
identification number (EIN)
on the dotted lines next to line 11. The seller must give you this number and you must give the seller your SSN. A Form W-9,
Request for Taxpayer
Identification Number and Certification, can be used for this purpose. Failure to meet any of these requirements may result
in a $50 penalty for each
failure.
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.
More than one borrower.
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. Show how much of the interest each of you paid, and give the name and address of the person who received
the form. Deduct your share
of the interest on Schedule A (Form 1040), line 11, and print “ See attached” next to the line.
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. You should let each of
the other borrowers know
what his or her share is.
Mortgage proceeds used for business or investment.
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. It shows where
to deduct the part of your
excess interest that is for those activities. 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.
Special Rule for Tenant-Stockholders in Cooperative Housing Corporations
A qualified home includes stock in a cooperative housing corporation owned by a tenant-stockholder. This applies only if the
tenant-stockholder is
entitled to live in the house or apartment because of owning stock in the cooperative.
Cooperative housing corporation.
This is a corporation that meets all of the following conditions.
-
The corporation has only one class of stock outstanding.
-
Each of the stockholders, only because of owning the stock, can live in a house, apartment, or house trailer owned or leased
by the
corporation.
-
No stockholder can receive any distribution out of capital, except on a partial or complete liquidation of the corporation.
-
The tenant-stockholders must pay at least 80% of the corporation's gross income for the tax year. For this purpose, gross
income means all
income received during the entire tax year, including any received before the corporation changed to cooperative ownership.
Stock used to secure debt.
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).
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. See chapter 5 of Publication 535 for details on these rules.
Figuring deductible home mortgage interest.
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.
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.
Figure your share of this interest by multiplying the total by the following fraction.
| |
Your shares of stock in the cooperative
|
|
|
The total shares of stock in the
cooperative
|
Limits on deduction.
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. The
cooperative should determine your share of its grandfathered debt, its home acquisition debt, and its home equity debt. (Your
share of each of these
types of debt is equal to the average balance of each debt multiplied by the fraction just given.) 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.
Form 1098.
The cooperative should give you a Form 1098 showing your share of the interest. Use the rules in
this publication to determine your deductible mortgage interest.
Part II. Limits on Home Mortgage Interest Deduction
This part of the publication discusses the limits on deductible home mortgage interest. 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.
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. 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. Table 1 can help you figure your qualified loan limit and your deductible home mortgage interest.
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). It also must be secured by that home.
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. The additional debt may qualify as home equity
debt (discussed later).
Home acquisition debt limit.
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). This limit is reduced (but not below zero) by the amount of your grandfathered debt (discussed
later). Debt over this
limit may qualify as home equity debt (also discussed later).
Refinanced home acquisition debt.
Any secured debt you use to refinance home acquisition debt is treated as home acquisition debt. 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. Any additional
debt is not home
acquisition debt, but may qualify as home equity debt (discussed later).
Mortgage that qualifies later.
A mortgage that does not qualify as home acquisition debt because it does not meet all the requirements may qualify
at a later time. 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. However,
if the debt is later
secured by the home, it may qualify as home acquisition debt after that time. Similarly, a debt that you use to buy property
may not qualify because
the property is not a qualified home. However, if the property later becomes a qualified home, the debt may qualify after
that time.
Mortgage treated as used to buy, build, or improve home.
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. This applies in the following situations.
-
You buy your home within 90 days before or after the date you take out the mortgage. 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). (See Example 1.)
-
You build or improve your home and take out the mortgage before the work is completed. The home acquisition debt is limited
to the amount of
the expenses incurred within 24 months before the date of the mortgage.
-
You build or improve your home and take out the mortgage within 90 days after the work is completed. 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. (See
Example 2.)
Example 1.
You bought your main home on June 3 for $175,000. You paid for the home with cash you got from the sale of your old home.
On July 15, you took out
a mortgage of $150,000 secured by your main home. You used the $150,000 to invest in stocks. 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. The entire mortgage qualifies as home acquisition
debt because it was not
more than the home's cost.
Example 2.
On January 31, John began building a home on the lot that he owned. He used $45,000 of his personal funds to build
the home. The home was completed on October 31. On November 21, John took out a $36,000 mortgage that was secured by the home.
The mortgage can be
treated as used to build the home because it was taken out within 90 days after the home was completed. 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. This is
illustrated by Figure C.
Date of the mortgage.
The date you take out your mortgage is the day the loan proceeds are disbursed. This is generally the closing date.
You can treat the day you apply
in writing for your mortgage as the date you take it out. However, this applies only if you receive the loan proceeds within
a reasonable time (such
as within 30 days) after your application is approved. If a timely application you make is rejected, a reasonable additional
time will be allowed to
make a new application.
Cost of home or improvements.
To determine your cost, include amounts paid to acquire any interest in a qualified home or to substantially improve
the home.
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.
Substantial improvement.
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.
Repairs that maintain your home in good condition, such as repainting your home, are not substantial improvements.
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.
Acquiring an interest in a home because of a divorce.
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.
Part of home not a qualified home.
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. See Divided use of your home under Qualified
Home in Part I.
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. 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.
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.
Example.
You bought your home for cash 10 years ago. You did not have a mortgage on your home until last year, when you took out a
$20,000 loan, secured by
your home, to pay for your daughter's college tuition and your father's medical bills. This loan is home equity debt.
Home equity debt limit.
There is a limit on the amount of debt that can be treated as home equity debt. 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. 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.
Example.
You own one home that you bought in 1999. Its FMV now is $110,000, and the current balance on your original mortgage (home
acquisition debt) is
$95,000. Bank M offers you a home mortgage loan of 125% of the FMV of the home less any outstanding mortgages or other liens.
To consolidate some of
your other debts, you take out a $42,500 home mortgage loan [(125% × $110,000) - $95,000] with Bank M.
Your home equity debt is limited to $15,000. 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.
Debt higher than limit.
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. But if the proceeds of the loan were used for investment, business,
or other deductible
purposes, the interest may be deductible. If it is, see the Table 1 Instructions for line 13 for an explanation of how to allocate the
excess interest.
Part of home not a qualified home.
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. See Divided use of your home under Qualified Home in Part I.
Fair market value (FMV).
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. 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.
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. To
qualify, it must have been secured by your qualified home on October 13, 1987, and at all times after that date. How you used
the proceeds does not
matter.
Grandfathered debt is not limited. All of the interest you paid on grandfathered debt is fully deductible home mortgage interest.
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.
Refinanced grandfathered debt.
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. 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). The debt must be secured by the qualified home.
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. After that, you treat it as home acquisition debt or home equity debt, depending on how you used the proceeds.
Exception.
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. This term cannot be more than 30 years.
Example.
Chester took out a $200,000 first mortgage on his home in 1986. The mortgage was a five-year balloon note and the entire balance
on the note was
due in 1991. Chester refinanced the debt in 1991 with a new 20-year mortgage. The refinanced debt is treated as grandfathered
debt for its entire term
(20 years).
Line-of-credit mortgage.
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. The balance
on the mortgage before you borrowed the additional amounts is grandfathered debt. The newly borrowed amounts are not grandfathered
debt because the
funds were borrowed after October 13, 1987. See Mixed-use mortgages under Average Mortgage Balance in the Table 1
Instructions that follow.
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.
In either of those cases, you do not need Table 1. Otherwise, you may use Table 1 to determine your qualified loan limit and
deductible home
mortgage interest.
Fill out only one Table 1 for both your main and second home regardless of how many mortgages you have.
Table 1. Worksheet To Figure Your Qualified Loan Limit and Deductible Home Mortgage Interest For the Current Year See the Table 1 Instructions. (Keep for your records.)
|
Part I Qualified Loan Limit
|
|
1.
|
Enter the average balance of all your grandfathered debt. See line 1 instructions
|
1.
|
|
|
2.
|
Enter the average balance of all your home acquisition debt. See line 2 instructions
|
2.
|
|
|
3.
|
Enter $1,000,000 ($500,000 if married filing separately)
|
3.
|
|
|
4.
|
Enter the larger of the amount on line 1 or the amount on line 3
|
4.
|
|
|
5.
|
Add the amounts on lines 1 and 2. Enter the total here
|
5.
|
|
|
6.
|
Enter the smaller of the amount on line 4 or the amount on line 5
|
6.
|
|
|
7.
|
Enter $100,000 ($50,000 if married filing separately).
See the line 7 instructions for a limit that may apply
|
7.
|
|
|
8.
|
Add the amounts on lines 6 and 7. Enter the total. This is your qualified loan limit
|
8.
|
|
|
Part II Deductible Home Mortgage
Interest
|
|
9.
|
Enter the total of the average balances of all mortgages on all qualified homes.
See line 9 instructions
|
9.
|
|
| |
-
If line 8 is less than line 9, go on to line 10.
-
If line 8 is equal to or more than line 9, stop here. All of your interest
on all the mortgages included on line 9 is deductible as home mortgage
interest on Schedule A (Form 1040).
|
|
|
|
10.
|
Enter the total amount of interest that you paid. See line 10 instructions
|
10.
|
|
|
11.
|
Divide the amount on line 8 by the amount on line 9.
Enter the result as a decimal amount (rounded to three places)
|
11.
|
× .
|
|
12.
|
Multiply the amount on line 10 by the decimal amount on line 11.
Enter the result. This is your deductible home mortgage interest.
Enter this amount on Schedule A (Form 1040)
|
12.
|
|
|
13.
|
Subtract the amount on line 12 from the amount on line 10. Enter the result.
This is not home mortgage interest. See line 13 instructions
|
13.
|
|
Home equity debt only.
If all of your mortgages are home equity debt, do not fill in lines 1 through 5. Enter zero on line 6 and complete
the rest of Table 1.
You have to figure the average balance of each mortgage to determine your qualified loan limit. You need these amounts to
complete lines 1, 2, and
9 of Table 1. You can use the highest mortgage balances during the year, but you may benefit most by using the average balances.
The following are
methods you can use to figure your average mortgage balances. However, if a mortgage has more than one category of debt, see
Mixed-use mortgages,
later, in this section.
Average of first and last balance method.
You can use this method if all the following apply.
-
You did not borrow any new amounts on the mortgage during the year. (This does not include borrowing the original mortgage
amount.)
-
You did not prepay more than one month's principal during the year. (This includes prepayment by refinancing your home or
by applying
proceeds from its sale.)
-
You had to make level payments at fixed equal intervals on at least a semi-annual basis. You treat your payments as level
even if they were
adjusted from time to time because of changes in the interest rate.
To figure your average balance, complete the following worksheet.
|
1.
|
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.
|
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.
|
Add amounts on lines 1 and 2
|
|
|
4.
|
Divide the amount on line 3 by 2. Enter the result
|
|
Interest paid divided by interest rate method.
You can use this method if at all times in 2004 the mortgage was secured by your qualified home and the interest was
paid at least monthly.
Complete the following worksheet to figure your average balance.
|
1.
|
Enter the interest paid in 2004. Do not include points or any other interest paid in 2004 that is for a
year after 2004. However, do include interest that is for 2004 but was paid in an earlier year
|
|
|
2.
|
Enter the annual interest rate on the mortgage. If the interest rate varied in 2004, use the lowest rate
for the year
|
|
|
3.
|
Divide the amount on line 1 by the amount on line 2. Enter the result
|
|
Example.
Mr. Blue had a line of credit secured by his main home all year. He paid interest of $2,500 on this loan. The interest rate
on the loan was 9%
(.09) all year. His average balance using this method is $27,778, figured as follows.
|
1.
|
Enter the interest paid in 2004. Do not include points or any other interest paid in 2004 that is for a
year after 2004. However, do include interest that is for 2004 but was paid in an earlier year
|
$2,500
|
|
2.
|
Enter the annual interest rate on the mortgage. If the interest rate varied in 2004, use the lowest rate
for the year
|
.09
|
|
3.
|
Divide the amount on line 1 by the amount on line 2. Enter the result
|
$27,778
|
Statements provided by your lender.
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. You can treat the balance as zero for any month the mortgage was not secured by your qualified home.
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.
If your lender can give you your average balance for the year, you can use that amount.
Example.
Ms. Brown had a home equity loan secured by her main home all year. She received monthly statements showing her average balance
for each month. She
may figure her average balance for the year by adding her monthly average balances and dividing the total by 12.
Mixed-use mortgages.
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). 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).
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. Do not use the methods described earlier in this section to figure the average balance of either category. Instead,
for each category, use
the following method.
-
Figure the balance of that category of debt for each month. 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. 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.
-
Add together the monthly balances figured in (1).
-
Divide the result in (2) by 12.
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.
Example 1.
In 1986, Sharon took out a $1,400,000 mortgage to buy her main home (grandfathered debt). On March 2, 2004, 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. 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). Under
the loan agreement,
Sharon must make principal payments of $1,000 at the end of each month. During 2004, her principal payments on the second
mortgage totaled $10,000.
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. The
January and February balances were zero. The March through December balances were all $180,000, because none of her principal
payments are applied to
the home acquisition debt. (They are all applied to the home equity debt, reducing it to $10,000 [$20,000 - $10,000].) The
monthly balances of
the home acquisition debt total $1,800,000 ($180,000 × 10). Therefore, the average balance of the home acquisition debt for
2004 was $150,000
($1,800,000 ÷ 12).
Example 2.
The facts are the same as in Example 1. In 2005, Sharon's January through October principal payments on her second mortgage are applied
to the home equity debt, reducing it to zero. The balance of the home acquisition debt remains $180,000 for each of those
months. 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). The monthly balances total $2,157,000 [($180,000 × 10) + $179,000 + $178,000]. Therefore,
the
average balance of the home acquisition debt for 2005 is $179,750 ($2,157,000 ÷ 12).
Figure the average balance for the current year of each mortgage you had on all qualified homes on October 13, 1987 (grandfathered
debt). Add the
results together and enter the total on line 1. Include the average balance for the current year for any grandfathered debt
part of a mixed-use
mortgage.
Figure the average balance for the current year of each mortgage you took out on all qualified homes after October 13, 1987,
to buy, build, or
substantially improve the home (home acquisition debt). Add the results together and enter the total on line 2. Include the
average balance for the
current year for any home acquisition debt part of a mixed-use mortgage.
The amount on line 7 cannot be more than 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. 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.
See Home equity debt limit under Home Equity Debt, earlier, for more information about fair market value.
Figure the average balance for the current year of each outstanding home mortgage. Add the average balances together and enter
the total on line 9.
See Average Mortgage Balance, earlier.
Note. When figuring the average balance of a mixed-use mortgage, for line 9 determine the average balance of the entire mortgage.
If you make payments to a financial institution, or to a person whose business is making loans, you should get Form 1098 or
a similar statement
from the lender. This form will show the amount of interest to enter on line 10. Also include on this line any other interest
payments made on debts
secured by a qualified home for which you did not receive a Form 1098. Do not include points on this line.
Claiming your deductible points.
Figure your deductible points as follows.
-
Figure your deductible points for the current year using the rules explained under Points in Part I.
-
Multiply the amount in item (1) by the decimal amount on line 11. Enter the result on Schedule A (Form 1040), line 10 or 12,
whichever
applies. This amount is fully deductible.
-
Subtract the result in item (2) from the amount in item (1). This amount is not deductible as home mortgage interest. However,
if you used
any of the loan proceeds for business or investment activities, see the instructions for line 13, next.
You cannot deduct the amount of interest on line 13 as home
mortgage interest. If you did not use any of the proceeds of any mortgage included on line 9 of the worksheet for business,
investment, or other
deductible activities, then all the interest on line 13 is personal interest. Personal interest is not deductible.
If you did use all or part of any mortgage proceeds for business, investment, or other deductible activities, the part of
the interest on line 13
that is allocable to those activities may be deducted as business, investment, or other deductible expense, subject to any
limits that apply. Table 2
shows where to deduct that interest. See Allocation of Interest in chapter 5 of Publication 535 for an explanation of how to determine the
use of loan proceeds.
The following two rules describe how to allocate the interest on line 13 to a business or investment activity.
-
If you used all of the proceeds of the mortgages on line 9 for one activity, then all the interest on line 13 is allocated
to that activity.
In this case, deduct the interest on the form or schedule to which it applies.
-
If you used the proceeds of the mortgages on line 9 for more than one activity, then you can allocate the interest on line
13 among the
activities in any manner you select (up to the total amount of interest otherwise allocable to each activity, explained next).
You figure the total amount of interest otherwise allocable to each activity by multiplying the amount on line 10 by the following
fraction.
| |
Amount on line 9
allocated to that activity
|
|
|
Total amount on line 9
|
Example.
Don had two mortgages (A and B) on his main home during the entire year. Mortgage A had an average balance of $90,000, and
mortgage B had an
average balance of $110,000.
Don determines that the proceeds of mortgage A are allocable to personal expenses for the entire year. The proceeds of mortgage
B are allocable to
his business for the entire year. Don paid $14,000 of interest on mortgage A and $16,000 of interest on mortgage B. He figures
the amount of home
mortgage interest he can deduct by using Table 1. Since both mortgages are home equity debt, Don determines that $15,000 of
the interest can be
deducted as home mortgage interest.
The interest Don can allocate to his business is the smaller of:
-
The amount on Table 1, line 13 of the worksheet ($15,000), or
-
The total amount of interest allocable to the business ($16,500), figured by multiplying the amount on line 10 (the $30,000
total interest
paid) by the following fraction.
| |
$110,000 (the average balance
of the mortgage allocated
to the business)
|
|
$200,000 (the total average
balance of all mortgages)
|
Because $15,000 is the smaller of items (1) and (2), that is the amount of interest Don can allocate to his business. He deducts
this amount on his
Schedule C (Form 1040).
Table 2. Where To Deduct Your Interest Expense
| IF you have ...
|
THEN deduct it on ...
|
AND for more information go to ...
|
|
deductible student loan interest
|
Form 1040, line 25, or Form 1040A, line 18
|
Publication 970, Tax Benefits for Education.
|
|
deductible home mortgage interest and points reported on Form 1098
|
Schedule A (Form 1040), line 10
|
this publication (936).
|
|
deductible home mortgage interest not reported on Form 1098
|
Schedule A (Form 1040), line 11
|
this publication (936).
|
|
deductible points not reported on Form 1098
|
Schedule A (Form 1040), line 12
|
this publication (936).
|
|
deductible investment interest (other than incurred to produce rents or royalties)
|
Schedule A (Form 1040), line 13
|
Publication 550, Investment Income and Expenses.
|
|
deductible business interest (non-farm)
|
Schedule C or C-EZ (Form 1040)
|
Publication 535, Business Expenses.
|
|
deductible farm business interest
|
Schedule F (Form 1040)
|
Publications 225, Farmer's Tax Guide, and 535.
|
|
deductible interest incurred to produce rents or royalties
|
Schedule E (Form 1040)
|
Publications 527, Residential Rental Property, and 535.
|
|
personal interest
|
not deductible.
|
You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get more information
from the IRS in several
ways. By selecting the method that is best for you, you will have quick and easy access to tax help.
Contacting your Taxpayer Advocate.
If you have attempted to deal with an IRS problem unsuccessfully, you should contact your Taxpayer Advocate.
The Taxpayer Advocate independently represents your interests and concerns within the IRS by protecting your rights
and resolving problems that
have not been fixed through normal channels. While Taxpayer Advocates cannot change the tax law or make a technical tax decision,
they can clear up
problems that resulted from previous contacts and ensure that your case is given a complete and impartial review.
To contact your Taxpayer Advocate:
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Call the Taxpayer Advocate toll free at
1-877-777-4778.
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Call, write, or fax the Taxpayer Advocate office in your area.
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Call 1-800-829-4059 if you are a
TTY/TDD user.
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Visit
www.irs.gov/advocate.
For more information, see Publication 1546, The Taxpayer Advocate Service of the IRS—How To Get Help With Unresolved
Tax Problems.
Free tax services.
To find out what services are available, get Publication 910, IRS Guide to Free Tax Services. It contains a list of
free tax publications and an
index of tax topics. It also describes other free tax information services, including tax education and assistance programs
and a list of TeleTax
topics.
Internet. You can access the IRS website 24 hours a day, 7 days a week, at
www.irs.gov to:
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E-file your return. Find out about commercial tax preparation and e-file services available free to eligible
taxpayers.
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Check the status of your 2004 refund. Click on Where's My Refund. Be sure to wait at least 6 weeks from the date you filed your
return (3 weeks if you filed electronically). Have your 2004 tax return available because you will need to know your filing
status and the exact whole
dollar amount of your refund.
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Download forms, instructions, and publications.
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Order IRS products online.
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Research your tax questions online.
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Search publications online by topic or keyword.
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View Internal Revenue Bulletins (IRBs) published in the last few years.
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Figure your withholding allowances using our Form W-4 calculator.
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Sign up to receive local and national tax news by email.
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Get information on starting and operating a small business.
Fax. You can get over 100 of the most requested forms and instructions 24 hours a day, 7 days a week, by fax. Just call 703-368-9694
from the telephone connected to your fax machine. When you call, you will hear instructions on how to use the service. The
items you request will be
faxed to you.
For help with transmission problems, call 703-487-4608.
Long-distance charges may apply.
Phone. Many services are available by phone.
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Ordering forms, instructions, and publications. Call 1-800-829-3676 to order current-year forms, instructions, and publications
and prior-year forms and instructions. You should receive your order within 10 days.
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Asking tax questions. Call the IRS with your tax questions at 1-800-829-1040.
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Solving problems. You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. An
employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Call your local
Taxpayer Assistance Center
for an appointment. To find the number, go to
www.irs.gov/localcontacts or
look in the phone book under United States Government, Internal Revenue Service.
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TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and
publications.
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TeleTax topics. Call 1-800-829-4477 and press 2 to listen to pre-recorded messages covering various tax topics.
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Refund information. If you would like to check the status of your 2004 refund, call 1-800-829-4477 and press 1 for automated
refund information or call 1-800-829-1954. Be sure to wait at least 6 weeks from the date you filed your return (3 weeks if
you filed electronically).
Have your 2004 tax return available because you will need to know your filing status and the exact whole dollar amount of
your refund.
Evaluating the quality of our telephone services. To ensure that IRS representatives give accurate, courteous, and professional answers,
we use several methods to evaluate the quality of our telephone services. One method is for a second IRS representative to
sometimes listen in on or
record telephone calls. Another is to ask some callers to complete a short survey at the end of the call.
Walk-in. Many products and services are available on a walk-in basis.
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Products. You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and
publications. Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions,
and office supply stores
have a collection of products available to print from a CD-ROM or photocopy from reproducible proofs. Also, some IRS offices
and libraries have the
Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes.
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Services. You can walk in to your local Taxpayer Assistance Center every business day to ask tax questions or get help with a tax
problem. An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. You
can set up an appointment by
calling your local Center and, at the prompt, leaving a message requesting Everyday Tax Solutions help. A representative will
call you back within 2
business days to schedule an in-person appointment at your convenience. To find the number, go to
www.irs.gov/localcontacts or
look in the phone book under United States Government, Internal Revenue Service.
Mail. You can send your order for forms, instructions, and publications to the Distribution Center nearest to you and receive a
response
within 10 business days after your request is received. Use the address that applies to your part of the country.
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Western part of U.S.:
Western Area Distribution Center
Rancho Cordova, CA 95743-0001
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Central part of U.S.:
Central Area Distribution Center
P.O. Box 8903
Bloomington, IL 61702-8903
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Eastern part of U.S. and foreign addresses:
Eastern Area Distribution Center
P.O. Box 85074
Richmond, VA 23261-5074
CD-ROM for tax products. You can order Publication 1796, IRS Federal Tax Products CD-ROM, and obtain:
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Current-year forms, instructions, and publications.
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Prior-year forms and instructions.
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Frequently requested tax forms that may be filled in electronically, printed out for submission, or saved for recordkeeping.
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Internal Revenue Bulletins.
Buy the CD-ROM from National Technical Information Service (NTIS) at
www.irs.gov/cdorders for $22 (no handling fee) or call 1-877-233-6767 toll free to buy the CD-ROM for $22 (plus a $5 handling fee). The
first release is available in early January and the final release is available in late February.
CD-ROM for small businesses. Publication 3207, The Small Business Resource Guide, CD-ROM 2004, is a must for every small business owner
or any taxpayer about to start a business. This handy, interactive CD contains all the business tax forms, instructions, and
publications needed to
successfully manage a business. In addition, the CD provides other helpful information, such as how to prepare a business
plan, finding financing for
your business, and much more. The design of the CD makes finding information easy and quick and incorporates file formats
and browsers that can be run
on virtually any desktop or laptop computer.
It is available in early April. You can get a free copy by calling 1-800-829-3676 or by visiting
www.irs.gov/smallbiz.
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