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Home Equity Loan Facts

After you close on a "Cash Out" or "Equity" loan you must wait a period of twelve (12) months before you can legally refinance or take out another equity loan !

If you refinance your existing "Purchase Money Loan" and take out some of your equity in cash all on the same loan,   your entire loan is then classified as a "Cash Out" or "Equity" loan and all Texas legal statutes applicable to cash out loans will now apply permanently to your entire home loan !    Consider only taking out a home equity 2nd lien and leaving your 1st lien in place. 

If you feel you need to refinance to improve your existing loan,    consider refinancing ONLY your first lien and then take a out a new stand alone 2nd lien so that your 1st lien is not classified as a home equity cash out loan.

Have your credit-card balances gotten away from you? Don't feel as though you're cheating the tax man if you take a home-equity loan to wipe them out.

As long as your loan is secured by your first or second home, the interest is deductible on loans up $100,000. The limit drops to $50,000 if you're married filing separately. If you take out a loan to improve your home, the limit shoots up to $1 million.

 

If you take a home-equity loan, you also can deduct any points that you’re charged.

Home Equity Loan Facts

After you close on a "Cash Out" or "Equity" loan you must wait a period of twelve (12) months before you can legally refinance or take out another equity loan !

If you refinance your existing "Purchase Money Loan" and take out some of your equity in cash all on the same loan,   your entire loan is then classified as a "Cash Out" or "Equity" loan and all Texas legal statutes applicable to cash out loans will now apply permanently to your entire home loan !    Consider only taking out a home equity 2nd lien and leaving your 1st lien in place. 

If you feel you need to refinance to improve your existing loan,    consider refinancing ONLY your first lien and then take a out a new stand alone 2nd lien so that your 1st lien is not classified as a home equity cash out loan.

Have your credit-card balances gotten away from you? Don't feel as though you're cheating the tax man if you take a home-equity loan to wipe them out.

As long as your loan is secured by your first or second home, the interest is deductible on loans up $100,000. The limit drops to $50,000 if you're married filing separately. If you take out a loan to improve your home, the limit shoots up to $1 million.

 

If you take a home-equity loan, you also can deduct any points that you’re charged.

 

Additional Deductions

If you take a home-equity loan, you also can deduct any points that you’re charged. Several rules apply, but generally, if you use the loan for home improvements, the points may be fully deductible in the year that you paid them, said Jesse Weller, an IRS spokesman in Northern California.

If you use a home-equity loan for something other than home improvement, such as paying credit debts, you must spread the deduction of points over the life of the loan, deducting equal amounts each year.

Also, if you pay off your home mortgage early, you may have to pay a penalty under the terms of some bank loans. That prepayment penalty is deductible, provided it isn’t for a specific service or a cost linked to the mortgage loan.

The advantage of consolidating credit-card debt into a home-equity loan, besides the fact that the latter is deductible, is the generally lower interest rates on home loans. But you are gambling your house when you borrow against it to pay off revolving credit. If you have trouble controlling your debt or are unable to make payments, you could lose your home to the lender.

A few payments that you can't deduct include fire, title and mortgage insurance, along with the utility costs.

Home improvement deductions

Getting beyond the loan interest, people often are confused about the deductibility of home-improvement costs.

You don't write off the cost of a room addition or a new roof as you make the improvements. Instead, you add the improvement costs to the basic cost of your home. When you sell the property these improvement costs are added to the basis in your home and have the effect of lowering your profit and any capital gain.

For example, if you bought your home for $100,000 in 1980 and remodeled the kitchen last year for $20,000 then sell your home for $500,000, you add the cost of the kitchen to the purchase price. Your profit, subject to capital-gains tax, then amounts to $380,000.

Under certain conditions, tax on the first $500,000 per couple and $250,000 per individual of the gain may be excluded.

For more details, read   IRS Pub. 523, Selling Your Home.

 

Home furnishings

One reader asked whether there’s a general rule about what sort of improvements qualify. Does new furniture, or only something that’s nailed down? In which case, "Watch me nail my chairs to the floor."

Nailing down the furniture address the general concept on home improvements, but falls short because nails can be removed, Weller said. The usual rule covers permanent improvement that you can't take with you when you sell the house. Maintenance and upkeep don't qualify.

But if you add a room, put new tile in a bathroom, add a roof or add landscaping, those may all qualify as deductible.

The improvements should have a useful life of more than one year; so planting a tree is part of permanent landscaping, while planting marigolds probably isn't.

Usually the cost of furnishings isn’t deductible, but even there you may have an exception. Suppose you are selling a vacation home and part of the package is your agreement to sell the house furnished.

That may offer some deduction. You don't add the cost of the furniture to your basis cost of the home, but rather, the furnishings are considered tangible personal property, Weller said. That will require some special calculations, but may be worthwhile.

You need to figure out the fair market value of the couch or dining room set and subtract that from the sale price, Weller said. Remember, you don't use the amount that the pieces originally cost, particularly if you bought them years ago. It’s the current fair market value.

Costs that don't add to the life or value of your home don't qualify. So fixing gutters and leaking pipes or repairing a broken window are considered repairs. 

Jeff Dobbs NMLS# 313409

Troy Jones NMLS# 313408

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Last Updated 08/04/2011