Tax Strategies for Individuals
The Deductibility of Points
Table of Contents
What Are Points?
For an explanation of the deductibility of home mortgage interest, please click here.
The term “points” is used to describe certain charges paid or treated as paid, by a borrower to obtain a home mortgage. Points may also be called loan origination fees, maximum loan charges, loan discount, or discount points.
Points are prepaid interest and may be deductible as home mortgage interest if you itemize deductions on Form 1040, Schedule A. Generally, if you can deduct all of the interest on your mortgage, you may be able to deduct all of the points paid on the mortgage. If your acquisition debt exceeds $750,000 for tax years 2018-2025 or your home equity debt exceeds $100,000, you cannot deduct all the interest on your mortgage, and you cannot deduct all your points.
A borrower is treated as paying any points that a home seller pays for the borrower’s mortgage. See “Points Paid by Seller,” later.
Tests for Deductibility
Generally, you cannot deduct the full amount of points in the year paid. Because they are prepaid interest, you generally must deduct them over the life (term) of the mortgage.
However, you can fully deduct points in the year paid if you meet all of the following tests.
- Your loan is secured by your main home (the one you live in most of the time).
- Paying points is an established business practice in the area where the loan was made.
- The points paid were not more than the points generally charged in that area.
- You use the cash method of accounting (the method used by most individual taxpayers).
- The points were not paid in place of amounts that ordinarily are stated separately on the settlement statement, such as appraisal fees, inspection fees, title fees, attorney fees, and property taxes.
- You use your loan to buy or build your main home.
- The points were computed as a percentage of the principal amount of the mortgage.
- The amount is clearly shown on the settlement statement (such as the Uniform Settlement Statement, Form HUD-1) as points charged for the mortgage. The points may be shown as paid from either your funds or the seller’s.
- The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged. The funds you provided do not have to have been applied to the points. They can include a down payment, an escrow deposit, earnest money, and other funds you paid at or before closing for any purpose. You cannot have borrowed these funds from your lender or mortgage broker.
Home improvement loan. You can also fully deduct in the year paid points paid on a loan to improve your main home if statements (1) through (5) above are true.
Investment Policy
In contrast to Section 529 programs and Series EE bonds, you are able to choose and change Section 530 investments as you see fit.
Check with your financial adviser about using both the Section 530 program, which has wide investment options but limited ($2,000 or less) contribution/investment amounts, and the Section 529 program, which has limited investment options but allows higher contribution/investment amounts.
Non-Deductible Amounts
Amounts charged by the lender for specific services connected to the loan are not considered interest. Examples of these charges are:
- Appraisal fees
- Notary fees
- Preparation costs for the mortgage note or deed of trust
- Mortgage insurance premiums
- VA funding fees.
You cannot deduct these amounts as points either in the year paid or over the life of the mortgage.
Points Paid by Seller
Funds Provided Are Less than Points
If you meet all the tests referred to earlier; except that the funds you provided were less than the points charged to you (test 9), you can deduct the points in the year paid, up to the amount of funds you provided. You can also deduct any points paid by the seller.
Example 1: When you took out a $100,000 mortgage loan to buy your home in December, you were charged one point ($1,000). You meet all the nine tests for deducting points in the year paid, except the only funds you provided were a $750 down payment. Of the $1,000 charged for points, you can deduct $750 in the year paid. You spread the remaining $250 over the life of the mortgage.
Example 2: The facts are the same as in the example above except that the person who sold you your home also paid one point ($1,000) to help you get your mortgage. In the year paid, you can deduct $1,750 ($750 of the amount you were charged plus the $1,000 paid by the seller). You must reduce the basis of your home by the $1,000 paid by the seller.
Excess Points
Points Paid on Second Home
Mortgage Ends Early
If you spread your deduction for points over the life of the mortgage, you can deduct any remaining balance in the year the mortgage ends. However, if you refinance the mortgage with the same lender, you cannot deduct any remaining balance of spread points. Instead, deduct the remaining balance over the term of the new loan.
A mortgage may end early due to a prepayment, refinancing, foreclosure, or similar event.
Example: Dan paid $3,000 in points in 2008 that he had to spread out over the 15-year life of the mortgage. He deducts $200 points per year. Through 2019, Dan has deducted $2,200 of the points. Dan prepaid his mortgage in full in 2019. He can deduct the remaining $800 of points in 2019.
Points Paid on Refinancing
Generally, points you pay to refinance a mortgage are not deductible in full in the year you pay them. This is true even if the new mortgage is secured by your main home.
However, if you use part of the refinanced mortgage proceeds to improve your main home and you meet the first five tests listed earlier; you can fully deduct the part of the points related to the improvement in the year paid. You can deduct the rest of the points over the life of the loan.
Example 1: In 1999, Bill Fields got a mortgage to buy a home. In 2019, Bill refinanced that mortgage with a 15-year $100,000 mortgage loan. The mortgage is secured by his home. To get the new loan, he had to pay three points ($3,000). Two points ($2,000) were for prepaid interest, and one point ($1,000) was charged for services, in place of amounts that ordinarily are stated separately on the settlement statement. Bill paid the points out of his private funds, rather than out of the proceeds of the new loan. The payment of points is an established practice in the area and the points charged are not more than the amount generally charged there. Bill’s first payment on the new loan was due July 1. He made six payments on the loan in 2019 and is a cash basis taxpayer.
Bill used the funds from the new mortgage to repay his existing mortgage. Although the new mortgage loan was for Bill’s continued ownership of his main home, it was not for the purchase or improvement of that home. For that reason, Bill does not meet all the tests, and he cannot deduct all of the points in 2019. He can deduct two points ($2,000) ratable over the life of the loan. He deducts $67 [($2,000 ÷ 180 months) x 6 payments] of the points in 2019. The other point ($1,000) was a fee for services and is not deductible.
Example 2: The facts are the same as in Example 1, except that Bill used $25,000 of the loan proceeds to improve his home and $75,000 to repay his existing mortgage. Bill deducts 25 percent ($25,000 ÷ $100,000) of the points ($2,000) in 2019. Therefore, his deduction is $500 ($2,000 x 0.25).
Bill also deducts the ratable part of the remaining $1,500 ($2,000 – $500) prepaid interest that must be spread over the life of the loan. This is $50 [($1,500 ÷ 180 months) x 6 payments] in 2018. The total amount Bill deducts in 2019 is $550 ($500 + $50).
Limits on Home Mortgage Interest Affect Points
Form 1098
The mortgage interest statement (Form 1098) you receive should show not only the total interest paid during the year but also your deductible points.
The statement will show the total interest you paid during the year. If you purchased a main home during the year, it also will show the deductible points paid during the year, including seller-paid points. However, it should not show any interest that was paid for you by a government agency.
As a general rule, Form 1098 will include only points that you can fully deduct in the year paid. However, certain points not included on Form 1098 also may be deductible, either in the year paid or over the life of the loan. See the earlier discussion of Points to determine whether you can deduct points not shown on Form 1098.