, Answering FAQ'sTurboTax Employee
Generally, you can only deduct qualified points paid on a mortgage over the term of the loan, unless the property is rental property.
The fees that can be deducted in a mortgage refinance generally depend on whether the property is your principal or rental residence, how the loan proceeds were used, and whether you paid qualified points or not.
For more information regarding rental property click What Can Be Deducted When Refinancing Rental Property?
The following sections describe what can and cannot be deducted.
I refinanced. Can I deduct bank fees, attorney fees, etc?
Whether or not you can deduct bank fees, attorney fees, and other closing costs depends on whether your loan is on your main or second home or a rental property.
If the mortgage refinance was for your main or second home then you are only allowed to deduct qualifying points over the life of the loan. Other fees, such as bank fees, attorney fees, registration fees, and other closing costs are not deductible.
If, however, the mortgage refinance was for your rental property then all expenses (including points plus other loan expenses) in connection with securing the loan are deductible over the loan term.
What fees on a HUD statement can I deduct?
Unfortunately, you cannot deduct many other fees from a HUD statement when you refinance. Generally, if you refinanced your main or second home, you are only allowed to deduct qualified points over the life of the loan.
If, on the other hand, you refinanced your rental property you are allowed to deduct points and other fees that appear on your HUD statement such as, underwriting, appraisals, attorney, and title search fees. These fees would still need to be deducted over the term of the loan.
What are qualified points?
Qualifying points are considered pre-paid interest. This interest is paid or treated as paid to the lender by a borrower to obtain a mortgage loan. Points can also be called loan origination fees, maximum loan charges, discount points, or loan discount.
Because points are pre-paid interest, they generally must be deducted over the life of the loan. Points charged for specific services such as appraisal fees, notary fees, preparation costs are not interest and cannot be deducted unless the fees were paid to refinance rental property.
For more information on qualified points click Can I Fully Deduct Points Paid on a Refinance?
Can I Deduct Points Not Reported on Form 1098?
In general, Form 1098 includes points that may be fully deductible in the year paid. However, certain points not included of form 1098 may also be deductible, either in the year paid or over the life of the loan.
If you and another person refinanced your home but the other borrower is the only one receiving a Form 1098, you'll need to calculate a split portion of the points and attach a statement.
TurboTax will guide you, calculate the points, and will attach the required statement with the name and address of the person who received the form.