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ahling
New Member

I don't remember if I paid points in 2007 for home equity loan, what should I do?

interest rate is adjustable, i dont remember if there is any points.
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5 Replies

I don't remember if I paid points in 2007 for home equity loan, what should I do?

Why are you asking about points in 2022 for a mortgage you took out back in 2007? 

I don't remember if I paid points in 2007 for home equity loan, what should I do?

I think OP is trying to determine if he was amortizing the points.

I don't remember if I paid points in 2007 for home equity loan, what should I do?

@ahling - agree that I don't know why you'd care after 15 years... that stated

 

1) look at the closing statement from the mortgage closing - it should be on there

2) ask you mortgage servicer to look it up.  If you call their 800 number, I suspect they can tell you quite quickly

3) on the other hand, it is unlikely that the HELOC had points.  It is certainly possible, but especially in the period leading up to the Financial Crisis, there were few, if any closing costs, on many of these home equity loans. 

4) if you closed your HELOAN after 12/15/2007, they are not tax deductible in any event.

5) look at your 2007 tax return.

6) to be tax deductible they must otherwise meet these 6 criteria - and you probably would have taken the deduction back in 2007 in any event.

 

  1. Your main home secures your loan (your main home is the one you live in most of the time).
  2. Paying points is an established business practice in the area where the loan was made.
  3. The points paid weren't more than the amount generally charged in that area.
  4. 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.
  5. The points paid weren't for items that are usually listed separately on the settlement sheet such as appraisal fees, inspection fees, title fees, attorney fees, and property taxes.
  6. The funds you provided at or before closing, including any points the seller paid, were at least as much as the points charged. You can't have borrowed the funds from your lender or mortgage broker in order to pay the points.

(this last one is a 'killer' - often these points are incorporated into the initial draw on the loan, which means you can't deduct it in any event). You would have had to 'cut a check' to the lender for the points to be able to deduct it. 

 

https://www.irs.gov/taxtopics/tc504

I don't remember if I paid points in 2007 for home equity loan, what should I do?

No one else can tell you.  If you can't prove from your own records that you paid points, you can't take a deduction for them.

 

If you did pay points, you can only spread them out over the life of the loan; 10, 20, 30 years.

Carl
Level 15

I don't remember if I paid points in 2007 for home equity loan, what should I do?

Per IRS Tax Topic 504:

Points are allowed to be deducted ratably over the life of the loan or in the year that they were paid. You can deduct the points in full in the year you pay them, if you meet all the following requirements:

  1. Your main home secures your loan (your main home is the one you live in most of the time).
  2. Paying points is an established business practice in the area where the loan was made.
  3. The points paid weren't more than the amount generally charged in that area.
  4. 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.
  5. The points paid weren't for items that are usually listed separately on the settlement sheet such as appraisal fees, inspection fees, title fees, attorney fees, and property taxes.
  6. The funds you provided at or before closing, including any points the seller paid, were at least as much as the points charged. You can't have borrowed the funds from your lender or mortgage broker in order to pay the points.
  7. You use your loan to buy or build your main home.
  8. The points were computed as a percentage of the principal amount of the mortgage, and
  9. The amount shows clearly as points on your settlement statement.

You need to look at your settlement statement you received at the closing on the sale in 2007, as well as your 2007 tax return to see if you fully deducted the points paid in that year. If you purchased the home as your primary residence in 2007, then you probably claimed/deducted the points in full on your 2007 tax return.

 

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