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12 essential tax questions for homeowners

Mortgage tax questions

Albert Einstein once said, "The hardest thing in the world to understand is the income tax.” If you buy, sell, finance or own real estate, it gets even worse. Property and taxes go together like blood and leeches.

Yet there's no reason to pay more than the minimum, and the Internal Revenue Code actually gives property owners lots of tax breaks.

"For many homeowners, real estate taxes and mortgage interest are by far some of their biggest tax deductions," says Art Ford, a certified public accountant in Boston. "If I pay $1,500 a month in mortgage interest, that's an $18,000-a-year deduction."

So before you belly up to the nearest bar or start pulling your hair out, here are some commonly asked questions about taxes and homeownership. Knowing these answers will help keep your tax bill as low as possible.

No. 1: How much of my mortgage payment is tax deductible?

On a Schedule A, you can generally deduct the following:

  • Interest on debt used to buy, build or improve your primary or second home (called acquisition debt), as long as mortgages totaled $1 million or less ($500,000 if single or married filing separately)
  • Mortgage insurance (or funding fees for government loans) for loans taken after 2006 as long as your adjusted gross income does not exceed $100,000 for a married couple (half that for singles and those married filing separately)
  • Property taxes on first and second homes (if you itemize your deductions)

No. 2: I sold my home this year. Will I owe capital gains tax?

As long as the property was your principal residence for at least two of the last five years, you can exclude $250,000 of your profit ($500,000 for married couples) from your federal taxable income. If you profited less than the $250,000/$500,000 threshold, no extra form is required. You can do this as often as every two years.

If you made a higher profit or otherwise don't qualify for the exclusion (say, you sold after just one year), Ford says you'll generally owe up to 23.8 percent in federal taxes on your gains over and above the "excluded" amount. (Your actual rate will vary depending on your income.)

But when calculating your taxable gains, Ford suggests looking beyond what you originally paid for your home. You should also factor in anything that you spent on home improvements while you owned the property.

Say you and your spouse bought a place for $100,000 two decades ago, lived there as your primary residence and sold the home for $800,000. You'd ordinarily have to pay capital-gains taxes on $200,000 -- your $800,000 sale price minus your $100,000 purchase price minus the $500,000 exclusion for married couples.

However, if you spent $150,000 on upgrades, you can deduct that from your capital gain. In the example above, that would reduce your taxable profit from $200,000 to just $50,000.

That said, IRS Publication 523 notes that you generally can't deduct repairs or maintenance, only "improvements" that are designed to increase your home's value. Unfortunately, the rules for what's a "repair" versus an "improvement" are pretty vague.

For instance, the IRS says fixing a broken windowpane is a repair, but replacing it as part of a project to swap out all of your home's windows is an improvement. So, consult with a tax professional or read IRS Publication 523 for further guidance.

If you still have taxable profits on your home after factoring in all of the above, you'll report your gains on a Schedule D, Capital Gains and Losses. There are special rules for vacation homes. You may be able to exclude some or all of your gain.

Remember, different states have different rules. Always consult with a tax professional if you need personal advice.

No. 3: I lost money on the sale of my home. Do I get to deduct the loss?

Loss on the sale of a personal residence is treated like a loss on the sale of any personal property. It is not deductible. Losses on investment properties are deductible.

No. 4: Are my closing costs tax deductible?

You can claim a deduction for real estate taxes you paid as part of your mortgage closing costs. The same goes for prepaid interest. It will be included on the 1098 form your lender sends you.

What about points?

The IRS has a flowchart that you can use to see if points are fully deductible. In general, you must have paid points to build, buy or improve your primary residence in order to deduct the entire amount in the year they were paid. Otherwise, they may still be deducted but on a prorated basis.

No. 5: What happens with points on a refinance?

This deduction is often overlooked, and it could be worth a lot. When you pay points on a refinance, they have to be prorated.

For example, if you paid $3,000 in points on a 30-year mortgage, you can deduct $100 a year for 30 years. But if you refinanced again this year and have prorated points that have not yet been deducted -- for example, you are 10 years into a 30-year loan and have only deducted $1,000 of $3,000 in points paid -- you can deduct the remaining $2,000 in the year you refinance.

No. 6: Does a mortgage modification affect my taxes?

If you modify your mortgage, one consequence might be that you pay so much less interest that you will save more by choosing the standard deduction rather than itemizing. Don't just assume that itemizing is always best because you did it in the past.

No. 7: Does a foreclosure, short sale or principal reduction affect my taxes?

Homeowners who lost their homes to either a foreclosure, short sale or had a bank "forgive" part of their mortgage principal (this could have occurred during a loan modification) used to have to pay income taxes on any money that their lender agreed to write off.

But the Mortgage Forgiveness Debt Relief Act of 2007 and subsequent extensions changed that for loans restructured between 2007 and 2016 for primary residences. For those tax years, you don't have to consider the discharge of mortgage debt as taxable income.

However, the 2007 law doesn't cover investment properties and vacation homes, nor does it apply to forgiven home equity loans.

Lastly, some jurisdictions require filers to pay state income taxes on forgiven mortgage debt, so check with a tax professional about your personal situation.

No. 8: Can I deduct prepayment penalties?

Prepayment penalties paid on a mortgage are tax deductible in the year that they are paid.

No. 9: What expenses am I NOT allowed to deduct from my income?

Unless your property is a rental or investment, you don't get tax breaks for the following:

  • Hazard insurance
  • Homeowners association dues
  • Principal payments
  • General closing costs like appraisal fees or title insurance
  • Local assessments to improve your neighborhood

No. 10: Does the so-called "Obamacare" tax affect gains from property sales?

The 2010 "Obamacare" Affordable Care Act added an extra 3.8 percent tax on capital gains incurred by certain high-income taxpayers.

If you fall under the law's requirements, you'll have to pay 23.8 percent in federal income taxes on your home-sale profits over and above the $250,000/$500,000 exclusion rather than the 20 percent rate that you'd otherwise face.

However, this extra tax only applies to single or head-of-household filers who have a $200,000 adjusted gross income or married joint filers with a $250,000 adjusted gross income. And remember, the first $250,000 of a single taxpayer's profits ($500,000 for joint filers) is federally tax free.

No. 11: How does the U.S. Supreme Court's gay-marriage ruling affect same-sex couples?

The Supreme Court's June 2015 ruling legalizing gay marriage in all 50 states doesn't affect same-sex couples' federal income taxes because the IRS has recognized legal gay marriages for tax purposes since 2013.

An earlier Supreme Court ruling that partly invalidated 1996's Defense of Marriage Act prompted the tax agency to decide that same-sex couples married in any U.S. or foreign jurisdiction that recognized gay marriage could file tax returns jointly. The rule applied even if gay couples later moved to states that didn't allow gay marriage.

However, last summer's landmark high-court decision legalizing same-sex marriage nationwide means gay couples in states that previously banned the practice should have the right to file state or local income-tax returns jointly for 2015 for the first time.

No. 12: Does my income affect my tax deductions?

The IRS has increased the maximum adjusted gross income that filers can have for 2015 and still fully itemize deductions -- good news for wealthy homeowners who want to claim things like the mortgage-interest tax break.

Married joint filers can have $309,900 AGIs and still itemize all deductions, up from $305,050 in 2014. Singles can make an adjusted $258,250 versus $254,200 previously, while married couples filing separately can have $154,950 AGIs, up from $152,525 in 2014. Above those limits, IRS rules begin to phase out what percentage of expenses you can deduct.

Conversely, the IRS has also boosted standard deductions for 2015. Married joint filers who don't itemize can claim a standard $12,600 versus $12,400 in 2014, while singles and married people filing separately can $6,300 instead of $6,200 a year earlier. (Heads of household can receive $9,250, up from $9,100 in 2014.)

Smart homeowners will do the math to see which works out better for them -- itemizing or taking the standard deduction.

Lisa Greene-Lewis, an accountant with TurboTax, says many homeowners will do better by itemizing instead of simply claiming the standard deduction. "The mortgage-interest deduction is one of the biggest itemized deductions for many people for sure," she says. "That's usually the one that puts homeowners over the threshold to where itemizing makes sense."

Knowing what tax deductions are available to you can help minimize the tax man's bite come April 18. After all, the law says you have to pay taxes -- but there's no reason to leave Uncle Sam a tip.

Schedule A

IRS Publication 523

Schedule D Capital Gains and Losses

Form 1098

Gina Pogol was the original author of this article. (Image: ljdema/iStock)

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Comments

  1. Tina April 10, 2016 6:49 am

    I bought my primary residence in 2006 for 321k then sold it in November 2015 for 298k, filing married and separate. I just bought a new house in February 2016. I was informed by someone that because I bought my new house in 2016 (less than 6 months from the sale of my previous home) that I would be able to have a tax break. Is that true and if so, how would I file that claim?

      Reply»  
    1. Editorial Team April 12, 2016 9:12 am

      Tina, I have never heard of that tax break, but I am far from a tax expert. You should contact a tax professional. Thanks for commenting, Tim Manni, HSH.com

        Reply »  
  2. LH April 05, 2016 9:17 am

    Hi, we moved from WA to CA since July 2015. We are renting in CA and not owning any property in CA. We left our house in Seattle for a friend family to stay off and on, and didn't sell it yet. I'm sure they are using our address to file their tax. My question: is our primary property in WA considered as rental property? Can we still use full property tax deduction since we're paying for it? Thanks.

      Reply»  
    1. Editorial Team April 05, 2016 9:47 am

      LH, If you're living in CA, getting your mail delivered to you there, etc., your home in WA is no longer your primary residence, so no, you cannot claim the tax deduction. However, we still recommend you consult with a tax pro to be 100% sure. Thanks for commenting, Tim Manni, HSH.com

        Reply »  
  3. Chris April 03, 2016 9:30 am

    In 2006 my wife bought a condo for 225k with an 80/20 interest only loan. The property then went under water in 2009 and she was forced to rent out as she couldn't sell it. Since then, we built a house together, which is currently our primary residence. We used the equity in this new house to get a HELOC in order to pay off the high interest 2nd loan on her original condo. The market has now come back and we have sold her original condo for a profit. We still owe 177k on the condo's 1st mortgage and about 26k on the HELOC (2nd mortgage). My question is whether I can deduct the HELOC amount when we use the profit from the sale to pay it off? Or, will I need to pay capital gains on the full profit amount?

      Reply»  
    1. Editorial Team April 05, 2016 10:33 am

      Chris, Thanks for commenting. First, we advise that you speak with a tax professional or advisor. That said, we can say that the tax exemption only occurs on your primary residence. You will likely have to pay capital gains on this investment property. -Tim Manni, HSH.com

        Reply »  
  4. Tera March 19, 2016 12:43 pm

    If I sold my home of 9 years to move but did not plan to purchase another home would I face a penalty?

      Reply»  
    1. Editorial Team March 28, 2016 9:40 am

      Tera, It's hard to say without knowing more information. I would contact a real estate attorney to discuss in detail. -Tim Manni, HSH.com

        Reply »  
  5. Mike February 21, 2016 8:15 am

    I built my house 25 years ago and have greater than $500k capital gain. I thought the 3.8% Obamacare tax surcharge is either on the excess profit over $500k or on AGI over $250k, whichever is less. Is that correct?

      Reply»  
  6. Dana February 19, 2016 2:38 pm

    Purchased income rental property in 2003 in California and have never lived in it. Paid $350,000 including an $80,000 down. Took a mortgage against the primary for $125,000 in 2009. Consolidated mortgages on rental and our primary in 2011 such that there is no mortgage on the rental now but we have $350,000. on our primary. If we are able to sell our rental, say for $400,000 (it went backwards for a few years but gaining in value now) could we use the proceeds to pay off our primary mortgage without tax consequences? We own both properties jointly, in our marriage. Thank you!

      Reply»  
  7. Lori February 15, 2016 1:15 pm

    We bought a home 15 years ago, we subsequently lost jobs and became re-employed but with much lower salaries. Basically a loss of $75,000 in gross income over the last 5 years. Additionally, we have had 3 loan modifications but it never did much to help except add all the past due balance and legal fees to the end of the loan and therefore increasing the debt and now my home is underwater for almost $100,000. Since we have not paid the mortgage (which includes the escrow for taxes and insurances)since December of 2014, how will this affect our tax return? I was unemployed for 5 months in 2015 and when I did secure a job it was at a loss of $20,000 gross and I claimed 4 dependents. During the time I collected unemployment I did not pay tax so now I am worried that I will end up owing for the first time in over 25 years after this most recent situation. I have made clothing, furniture and other charitable donations, used my cell phone, computer, fax and internet for about 20% towards work. We have been in a short sale situation since July.Is it better for us to itemize or take a standard deduction? Thank you in advance for any guidance you can provide.

      Reply»  
  8. Lenore Birch February 07, 2016 7:01 pm

    My husband and I built our home in 2005. We had a sewer backup and lost the papers with the info and costs of building the home. He died 2 years ago and I need to sell the home. I think it will sell for about $400,000. How can I establish what we paid to build the house? My husband was the contractor. So I don't have a basis to figure captital gains on.

      Reply»  
    1. Editorial Team February 10, 2016 9:28 am

      Lenore, Sorry to hear of your loss. This is a tough question to answer and I'm honestly not sure of the answer. If you had a mortgage, a working loan amount would be with your mortgage paperwork and you could contact your bank or mortgage lender for more info. Otherwise, the only advise I can give is to consult with a local tax professional. Thanks for commenting, Tim Manni, HSH.com

        Reply »  
  9. keith December 10, 2015 8:23 am

    Say I purchased my home for $480,000 ten years ago and I sell it for $520,000 and I have nearly $300,000 in equity. What are my tax liabilities on the equity?

      Reply»  
    1. Editorial Team December 10, 2015 11:54 am

      Keith, When you sell your home, the tax liability is potentially on the profit you make, not your equity stake. Here is what the IRS has to say: "If you have a gain from the sale of your main home, you may qualify to exclude up to $250,000 of that gain from your income. You may qualify to exclude up to $500,000 of that gain if you file a joint return with your spouse. Publication 523, Selling Your Home, provides rules and worksheets. Topic 409 covers general capital gain and loss information." Thanks for commenting, Tim Manni, HSH.com

        Reply »  
  10. ricardo haber November 10, 2015 7:12 am

    I have a house since I was by myself, recently I came together with somebody and we are paying the mortgage together. Can I deduct half of the interests from my tax return and she deduct the other half from hers? I am still a sole proprietor of the house.

      Reply»  
    1. Editorial Team November 11, 2015 12:24 pm

      Ricardo, To deduct the interest you are paying on your mortgage, your name needs to be on the mortgage. Just because someone else lives in the home you own doesn't mean they can deduct the mortgage interest. Thanks for commenting, Tim Manni, HSH.com

        Reply »  

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