[net.taxes] Refinancing points

tbg@apollo.uucp (Tom Gross) (10/08/86)

>Now wait a second.  As I see it, the IRS just stated how they would
>*like* things to be.  How does the tax code read?  I'm pretty
>sure that the relevant section says "prepaid interest is deductable".
>In *any* loan situation, "points" are prepaid interest.  Period.
>

    According to my 1985-tax-year J.K. Lasser's, in the fine print, 
    if "points" are pre-paid interest they are deductable in the year 
    they are paid, but only if paying pre-paid interest is a common 
    practice in your area (whatever that means).  If they are 
    "origination fees" they have to be deducted over the life of 
    the loan.  (My own loan had one point of 2 and a half called 
    an origination fee, but I deducted it all because that's the 
    custom in my tribe).  And of course we now know that points for 
    refinancing can't be deducted up front.  Or rather you CAN deduct
    the points, but you MAY not.

    I agree that points for refinancing should be fully deductable in 
    the year they are paid given the deductability of mortgage interest,
    but I think deductability of loan interest in general is a bad thing,
    made even worse by special-casing home mortgages with tax reform.
    One of the ironies of allowing the deduction of mortgage interest is
    that it's supposed to make housing more affordable, when in fact all
    it does is drive housing prices up.  I would be interested in hearing
    arguments in favor of preserving the mortgage interest deduction.

>
>Can the IRS just issue wish lists, and affect the tax code?

    Pretty much.  It may be confusing, but it keeps a lot of lawyers,
    tax accountants, and real estate professionals in business.  My
    advice is to find a cheap, aggressive tax accountant who doesn't
    tell you what he's doing.  Or you can save money by getting all
    your advice from the net.  

    
    Tom Gross
    Apollo Computer, Inc.
    Chelmsford, MA