I think it's straightforward. Since 1st Mortgage interest is deductible, but HELOC interest no longer will be, will it be allowable to roll the HELOC into a new first and deduct all the interest?
No.
Acquisition debt is the debt you incurred to buy or remodel the home. Equity debt is everything else. Even if you combine them in one loan, your interest is only deductible on the part of the new loan that is equal to the balance of the first mortgage (your acquisition debt) on the day you rolled it into the new loan.
I don't know of any lender that does that. But I think you mean to ask if you can refi the property to pay off both the first mortgage and the HELOC. The answer is yes, and I'm sure your lender wouldn't have a problem with that. Under the new law, all mortgage interest on an outstanding mortgage balance under $750K is deductible.
Have not seen any specs on it yet but I bet the form 1098 will be redesigned again to catch this kind of hanky panky.
I myself haven't got to anything yet in the bill which I've been reading through off and on the past few days, that covers refi's for this specific situation. Can't even say if it's covered or not really.
Well to make things more interesting is if the extender bill ever gets thru congress ... LOL
Well you know what they say!
He who claims to understand the situation and all aspects of it, is obviously not paying attention!
The IRS just published an article on 2/21/2018 clarifying the deductibility on interest on Home Equity Loans and HELOCs. If the HELOC was used for home improvement, it looks like it will still be deductible. It appears that one critical point in the new law (other than the new lower limits) is how the funds are (or were) used. Here is the article: <a rel="nofollow" target="_blank" href="https://www.irs.gov/newsroom/interest-on-home-equity-loans-often-still-deductible-under-new-law">https://www.irs.gov/newsroom/interest-on-home-equity-loans-often-still-deductible-under-new-law</a>
No.
Acquisition debt is the debt you incurred to buy or remodel the home. Equity debt is everything else. Even if you combine them in one loan, your interest is only deductible on the part of the new loan that is equal to the balance of the first mortgage (your acquisition debt) on the day you rolled it into the new loan.
Well to the extent the home equity line was used for remodeling it should be deductible then right? Whether or not I roll it into a new first mortgage?
Also, to complicate matters, in refinancing, I will be buying out my ex who is still on the title and on the mortgage. My additional debt for the buyout will undoubtedly be deductible, no?
Assuming that you are refinancing a joint mortgage, the amount of the new loan that would be considered "acquisition debt" would be the amount of the prior purchase mortgage, plus any equity payment to your ex, plus any amount that was used to remodel the home. Any amount over that will be considered equity debt.
Can major repairs and maintenance, e.g. rebuilding decks, painting, new retaining walls, fence replacements count as remodeling?
This will be interesting next year when the banks have to report this on the new form 1098.
Acquisition debt is "a mortgage that you took out to buy, build, or substantially improve your principal residence and that is secured by that residence."
The key term is "substantial improvement." The IRS defines this as
"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."
An improvement is something that extends the useful life of the property or increases its value. Also known as a "betterment" in some documents. Contrasted with a repair, which restores property to an as-was condition, or maintenance, that maintains the property in as-is condition.
Painting is a repair or maintenance and is not a substantial improvement (although obviously, if you build an addition, painting will be part of the cost.)
Fence and deck might be a repair or an improvement depending on the nature of the work. A new retaining wall would be an improvement, but not repairs to maintain an existing retaining wall.
Then, once you know if you have an improvement, you have to decide if it is "substantial." The definition above, which comes from IRS publication 963, is very broad. The actual internal revenue code doesn't define "substantial" at all. Elsewhere in the federal code, a "substantial improvement" for purposes of the flood insurance program must cost at least 50% of the value of the home before the work started.
As you determine how the money you borrow is spent for maintenance, repairs, and "substantial improvements", be sure to keep records for as long as you own the house plus 7 years after you sell.
Wouldn't "Prolong's your home's useful life" include things like replacing a roof, repiping a house, rewiring a house, or replacing termite damaged wood? These could easily be called repairs, but they would typically be very large repairs that definitely prolong the useful life of the house.
"These could easily be called repairs"
Actually, no they couldn't easily be called repairs. But they could easily be called property improvements, which add to the cost basis of the property. There's a vast defined difference between a repair and a property improvement. In fact, for major repairs such as those you mentioned above, are no problem claiming as a property improvement, since the "repair" meets the definition and fulfills the requirements to be declared a property improvement.
Property Improvement.
Property improvements are expenses you incur that add value to the property. It does not matter if it was your residence or a rental at the time of the improvement. It still adds value to the property.
To be classified as a property improvement, two criteria must be met:
1) The improvement must become "a material part of" the property. For example, remodeling the bathroom, new cabinets or appliances in the kitchen. New carpet. Replacing that old Central Air unit. New roof.
2) The improvement must add "real" value to the property. In other words, when the property is appraised by a qualified, certified, licensed property appraiser, he will appraise it at a higher value, than he would have without the improvements.
Repair
Those expenses incurred to return the property or it's assets to the same useable condition they were in, prior to the event that caused the property or asset to be unusable.
I'm happy that they are considered property improvements, but it still sounds more gray than "vast difference" to me.
Using a new roof as an example, I can argue that it meets both your definition of property improvement and your definition of repair.
It is a property improvement because it is definitely a material part of the house, and it will definitely appraise at a higher value with a brand new roof than with an old, falling apart roof.
It is also a repair using your definition since the old, falling apart roof was once a new roof, and replacing it is simply returning the property to the same usable condition it was in before the roof became old and started falling apart.
Is the difference that the "event" in your repair definition is intended to be a sudden incident like a storm, fire, etc., as opposed to slow deterioration over time?
" I can argue that it meets both your definition " I don't and can't write tax law. I'm not even the determining authority for the interpretation of tax law. I'm not going to debate this. But you can feel free to do so with the IRS or better yet, a federal judge who has the authority to interpret, and even change tax law. I can tell you this though. If you claim a $10K property improvement as a repair expense, you can expect to be audited about 24-36 months after you file the return, and you will lose on the audit. I've been a landlord myself for 25 plus years. Been there, done that, got the T-shirt.
I was asking a serious question, simply trying to better understand the answer to the earlier poster's question about what activities could be considered a remodel, property improvement, etc. for purposes of Home Equity Loan/HELOC/Refinance interest deductibility. I wasn't being snarky, or trying to debate for the fun of it or to piss you off. I apologize if it came across that way. I have no intention or desire to debate this with the IRS, a judge, or anyone else. I simply wanted to improve my understanding of where the line is between home improvements and repairs before I fund them with a Home Equity loan.