Orange County Register

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TAX SEASON

Sunday, Feb. 27, 2005       Your Money 7

Interest on home-equity loans can't always be deducted

Tax rules depend on how  much homeowner borrowed

and how the money was used.

 

KNIGHT RIDDER NEWSPAPERS

 

Low mortgage rates made 2004 anoth­er big year for refinancing, and home-eq­uity borrowing in the United States reached a record-high level last year, ac­cording to a recent study.

Americans took out $431.3 billion in home-equity loans and lines of credit, ac­cording to SMR Research, a market re­search firm in New Jersey. That's up 35 percent from 2003.

Yet many borrowers don't realize they might not be' able to deduct all the in­terest they pay on home-equity loans. That would depend on how much they borrowed and how the money was used.

!

i Taxpayers subject to the alternative min­imum tax, or AMT, face stricter limita­tions on what they can deduct.

TWO CATEGORIES

                   First, it's important to know that in

           "tax-speak" there are two kinds of mort­

II gage debt: home-acquisition debt and

   home-equity debt.

Acquisition debt is a mortgage or mortgages you take out "to buy, build or substantially improve" your main or sec­ond home.

In general, you may deduct the in­. terest you pay on up to $1 million in

II home-acquisition debt. The limit applies

even if you own a second home.

         So let's say you took out a home-equity

" loan and you used it to remodel your kitchen for $40,000. For tax purposes, that amount is considered part of your acquisition debt because it was used to improve the home. You can deduct the in­terest on that new debt as long as your total acquisition debt is $1 million or less.

From the Internal Revenue Service's standpoint, home-equity debt is different.

It is money you borrowed from your equity and used for purposes other than buying, building or improving your home. Only interest paid on $100,000 of equity debt is deductible as mortgage interest. Again, the limit applies even if you own a second home.

 

If you used a home-equity loan to pay your child's college tuition, for example, you can deduct only the interest you paid on the first $100,000. (Unless you are subject to the AMT; more on that in a moment.)

If you borrowed more than $100,000

,and used it for purposes other than im­proving your home, you may still be able to deduct the interest if you used the money to invest in stocks or start a busi­ness, although it won't count as mort­gage interest paid. But if you spent the extra money on a vacation or a car, the interest is probably not deductible.

RULES FOR AMT PAYERS

Things are trickier still for those who must pay the alternative minimum tax, which mainly targets higher-income tax­payers.

Those subject to the AMT don't get many of the write-offs that other tax­payers do. Only interest on mortgage debt used to buy, build or improve a home can be deducted by those subject to AMT.

That means that if someone who pays

the AMT spends $20,000 of a home-equi­ty loan on a car, the interest on that debt is not deductible, even if the borrower has not exceeded the $100,000 equity debt ceiling.

"None of the equity debt is allowed for AMT, and that's where people are getting burned," said Claudia Hill, owner of Tax Mam Tax Services.

For example, let's say you had a mort­gage for $300,000 and you've paid it down to a balance of $280,000. You refi­nance that amount of acquisition debt and also take out a $100,000 equity line of credit. You use $60,000 to remodel a kitchen and bathroom.

Now you have $340,000 worth of ac­quisition debt ($280,000 plus $60,000), the interest on which is deductible for both regular and AMT purposes.

If the remaining $40,000 of the loan is used for something other than sub­stantial improvement to the home, it is deductible for regular taxpayers, but not for AMT payers.

For information, refer to IRS Publi­cation 936, "Home Mortgage Interest De­duction" or consult a tax adviser.

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