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teddy595
New Member

ELOC was a piggyback loan to purchased in 2005. Refinanced in 2006 taking some additional equity out. Some funds were used to pay off Credit Debit. Do new rules apply?

 
2 Replies
DMarkM1
Employee Tax Expert

ELOC was a piggyback loan to purchased in 2005. Refinanced in 2006 taking some additional equity out. Some funds were used to pay off Credit Debit. Do new rules apply?

The Tax Cut and Jobs Act was passed in 2017, so 2018 is the first year homeowners began applying the new rules to pay their taxes. Under the new law, you can deduct mortgage-related interest on up to $750,000 worth of qualified loans for married couples filing jointly and $375,000 for separate filers for any home purchased after Dec. 15, 2017. The changes under the new law apply to all tax years between 2018 and 2025. Any debt obtained prior to this is under the old rules.  

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ELOC was a piggyback loan to purchased in 2005. Refinanced in 2006 taking some additional equity out. Some funds were used to pay off Credit Debit. Do new rules apply?

@DMarkM1 - but I do not think that is what the question is about.  unless the cashout was used to improve his current residence, the related interest is not tax deductible because of the new rules. 

 

@teddy595 - here is how to look at it..... 

 

1) what was the remaining balance of the 2005 mortgage when you refinanced it

2) for the piggy back HELOC, what was the lower of the balance at the time you purchased the house or when you refinance it into the cash out refi. 

 

the sum of items 1 and item 2 above is your 'acquisition debt' 

 

The cash out refi balance that is MORE THAN the answer to the above was not used to acquire or improve your home (because you stated it was used to pay down credit cards).   The related interest is not tax deductible.  

 

So let's say the answer to 1) and 2) is $150,000.  and the cash out refi balance is $160,000.  Then 150/160 of the interest for this year is tax deductible; the rest is not,

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