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  #10  
Old 06-09-2004, 05:40 AM
Phil Marti
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Default Re: Deducting "fees" in the year of purchase.

Stuart Bronstein <spamtrap[at]lexregia.com> writes:

- quote -

> Can't fees be capitalized and added to the
> basis? If so they are, in effect, deductible when the
> property is sold.


The original issue was loan fees, and they don't add to
basis.

Phil Marti
Topeka, KS

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  #9  
Old 06-06-2004, 08:23 AM
MTW
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Default Re: Deducting "fees" in the year of purchase.

Arthur Kamlet wrote:

- quote -

> If you do not elect to deduct points in the year incurred,
> how do you amortize points paid on an interest-only loan?


You're thinking of a situation where the points were added
to the loan, but weren't "paid" up front (by a "down
payment" or whatever) and aren't being paid currently since
there are no principal payments? I suspect in that case a
cash basis taxpayer wouldn't be allowed to deduct the points
until the loan is paid off. And/or maybe you could start
amortizing at such time as principal payments begin or a
partial payment is made.

MTW

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  #8  
Old 06-06-2004, 07:45 AM
Stuart Bronstein
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Default Re: Deducting "fees" in the year of purchase.

Dave Woods wrote:
- quote -

> "shagnasty" <shag[at]nospam.com> wrote:
> > "Dave Woods" <davidwoods[at]verizon.net> wrote:
> > > "Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.com> wrote:


> > > > My wife and I are purchasing a primary residence with a
> > > > zero-down interest-only loan.
> > > > > > > Am I correct in assuming that, [1] if only interest is paid,
> > > > there can be no amortization of "fees" over the life of the
> > > > loan as the loan will never terminate; [2] if selling the
> > > > property terminates the loan, and the appreciation is less
> > > > than $500K, amortization of "fees" over the time we've owned
> > > > the property will be worthless to us; and [3] to realize a
> > > > tax deduction for paying these "fees" a method (still)
> > > > exists whereby they may be deducted in the year of purchase?


> > > "Fees" are never deductible on a principal residence
> > > regardless of the loan you get.


> > Wrong!!! Some fees are deductible; e.g. loan origination
> > fees or "points" are deductible fees.


> No NOT wrong. If it walks like a duck and quacks like a
> duck then it is a duck. Hence if it is a cost based on the
> amount of the mortgage, then it is prepaid interest or
> POINTS REGARDLESS of the type of name the lender assigns it.
> If you walk down the street and ask the guy at the corner
> if he had a "Loan origination fee" on his mortgage, he'll
> look at you funny. If you ask him if he paid points, you
> will actually get a yes or no answer.
> My point is, I stand by the answer and that "fees" are never
> deductible.


Never say never. Can't fees be capitalized and added to the
basis? If so they are, in effect, deductible when the
property is sold.

Stu

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  #7  
Old 06-02-2004, 06:30 PM
Arthur Kamlet
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Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

Phil Marti <philmarti[at]aol.com> wrote:
- quote -

> "Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.com> writes:

> > My wife and I are purchasing a primary residence with a
> > zero-down interest-only loan.
> > > Am I correct in assuming that, [1] if only interest is paid,

> > there can be no amortization of "fees" over the life of the
> > loan as the loan will never terminate;

....
> POINTS (a/k/a origination fees) are deductible as interest.
> For purchase of your primary residence they're deductible in
> full in the year of purchase or may be amortized over the
> life of the loan.


I would actually state this as: Points are amortized over
the life of the loan, but you may be able to elect to deduct
in the year incurred any points to buy, build or improve
your primary residence.

All of which leaves the interesting question I have not seen
answered:

If you do not elect to deduct points in the year incurred,
how do you amortize points paid on an interest-only loan?

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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  #6  
Old 06-02-2004, 06:11 PM
Dave Woods
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Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

"shagnasty" <shag[at]nospam.com> wrote:
- quote -

> "Dave Woods" <davidwoods[at]verizon.net> wrote:
> > "Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.com> wrote:


> > > My wife and I are purchasing a primary residence with a
> > > zero-down interest-only loan.
> > > > > Am I correct in assuming that, [1] if only interest is paid,
> > > there can be no amortization of "fees" over the life of the
> > > loan as the loan will never terminate; [2] if selling the
> > > property terminates the loan, and the appreciation is less
> > > than $500K, amortization of "fees" over the time we've owned
> > > the property will be worthless to us; and [3] to realize a
> > > tax deduction for paying these "fees" a method (still)
> > > exists whereby they may be deducted in the year of purchase?
> > > > > If so, which bank and escrow "fees" are deductible and how
> > > does one structure payment to guarantee deductibility?


> > "Fees" are never deductible on a principal residence
> > regardless of the loan you get.


> Wrong!!! Some fees are deductible; e.g. loan origination
> fees or "points" are deductible fees.


No NOT wrong. If it walks like a duck and quacks like a
duck then it is a duck. Hence if it is a cost based on the
amount of the mortgage, then it is prepaid interest or
POINTS REGARDLESS of the type of name the lender assigns it.
If you walk down the street and ask the guy at the corner
if he had a "Loan origination fee" on his mortgage, he'll
look at you funny. If you ask him if he paid points, you
will actually get a yes or no answer.

My point is, I stand by the answer and that "fees" are never
deductible.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Boston, MA 02109

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  #5  
Old 06-02-2004, 06:11 PM
Dave Woods
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Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

"Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.com> wrote:
- quote -

> "Dave Woods" wrote:

> > "Fees" are never deductible on a principal
> > residence regardless of the loan you get.


> Fees may not be; but "fees" such as a "loan origination
> 'fee'" (a.k.a. points), which is in reality INTEREST,
> certainly should be deductible!
> As I understand the requirements from IRS Pub. 530, as far
> as my situation goes, as long as the points are not
> financed, they should be deductible in the year paid.


Maybe I am picking nits here, but usually its pretty obvious
the difference between fees and points in acquiring a
mortgage/home and when looking at a HUD statement. Perhaps
if your original post had simply said "points", you would
have received the answer you were looking for.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Boston, MA 02109

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  #4  
Old 05-31-2004, 11:18 AM
shagnasty
Guest
 
Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

"Dave Woods" <davidwoods[at]verizon.net> wrote:
- quote -

> "Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.com> wrote:

> > My wife and I are purchasing a primary residence with a
> > zero-down interest-only loan.
> > > Am I correct in assuming that, [1] if only interest is paid,

> > there can be no amortization of "fees" over the life of the
> > loan as the loan will never terminate; [2] if selling the
> > property terminates the loan, and the appreciation is less
> > than $500K, amortization of "fees" over the time we've owned
> > the property will be worthless to us; and [3] to realize a
> > tax deduction for paying these "fees" a method (still)
> > exists whereby they may be deducted in the year of purchase?
> > > If so, which bank and escrow "fees" are deductible and how

> > does one structure payment to guarantee deductibility?


> "Fees" are never deductible on a principal residence
> regardless of the loan you get.


Wrong!!! Some fees are deductible; e.g. loan origination
fees or "points" are deductible fees.

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  #3  
Old 05-31-2004, 10:59 AM
Phil Marti
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Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

"Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.comwrites:

- quote -

> My wife and I are purchasing a primary residence with a
> zero-down interest-only loan.
> Am I correct in assuming that, [1] if only interest is paid,
> there can be no amortization of "fees" over the life of the
> loan as the loan will never terminate;


Fees aren't deductible on a loan for your residence,
amortized or not.

- quote -

> [2] if selling the
> property terminates the loan, and the appreciation is less
> than $500K, amortization of "fees" over the time we've owned
> the property will be worthless to us;


See above

- quote -

> and [3] to realize a
> tax deduction for paying these "fees" a method (still)
> exists whereby they may be deducted in the year of purchase?


Go to the blackboard and write "I will not use quotation
marks" 100 times.

POINTS (a/k/a origination fees) are deductible as interest.
For purchase of your primary residence they're deductible in
full in the year of purchase or may be amortized over the
life of the loan.

Points are the only fees that are deductible. All other
expenses of getting the loan are a personal expense that
never affects your taxes.

- quote -

> If so, which bank and escrow "fees" are deductible and how
> does one structure payment to guarantee deductibility?


As long as you put enough cash into the process to cover the
points, you need not do anything else.

See IRS Publications 530 and 936.

Phil Marti
Topeka, KS

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  #2  
Old 05-31-2004, 10:40 AM
Bill
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Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

Chris=A0Wright posted:

- quote -

> My wife and I are purchasing a primary
> residence with a zero-down interest-only loan.
> Am I correct in assuming that, [1] if only
> interest is paid, there can be no amortization
> of "fees" over the life of the loan as the loan
> will never terminate; [2] if selling the property
> terminates the loan, and the appreciation is
> less than $500K, amortization of "fees" over
> the time we've owned the property will be
> worthless to us; and [3] to realize a tax
> deduction for paying these "fees" a method
> (still) exists whereby they may be deducted in
> the year of purchase?
> If so, which bank and escrow "fees" are
> deductible and how does one structure
> payment to guarantee deductibility?


Most "fees" (i.e., appraisal, notary, deed of trust
preparation, mortgage insurance premiums and VA funding
fees) are not deductible at all.

However, "loan origination fees" are deductible in the year
the loan is obtained under certain conditions. These fees
are often called "Points" and Pub 17 (for 2003 returns) has
a good discussion (and chart) of deductibility on pages
166-167.

Bill

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  #1  
Old 05-31-2004, 10:40 AM
Chris Wright
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Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

"Dave Woods" wrote:

- quote -

> "Fees" are never deductible on a principal
> residence regardless of the loan you get.


Fees may not be; but "fees" such as a "loan origination
'fee'" (a.k.a. points), which is in reality INTEREST,
certainly should be deductible!

As I understand the requirements from IRS Pub. 530, as far
as my situation goes, as long as the points are not
financed, they should be deductible in the year paid.

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Old 05-29-2004, 04:02 PM
Dave Woods
Guest
 
Posts: n/a
Default Re: Deducting "fees" in the year of purchase.

"Chris Wright" <WashoeAssetManagementNO[at]SPAMhotmail.com> wrote:

- quote -

> My wife and I are purchasing a primary residence with a
> zero-down interest-only loan.
> Am I correct in assuming that, [1] if only interest is paid,
> there can be no amortization of "fees" over the life of the
> loan as the loan will never terminate; [2] if selling the
> property terminates the loan, and the appreciation is less
> than $500K, amortization of "fees" over the time we've owned
> the property will be worthless to us; and [3] to realize a
> tax deduction for paying these "fees" a method (still)
> exists whereby they may be deducted in the year of purchase?
> If so, which bank and escrow "fees" are deductible and how
> does one structure payment to guarantee deductibility?


"Fees" are never deductible on a principal residence
regardless of the loan you get.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Boston, MA 02109

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  #-1  
Old 05-29-2004, 02:12 PM
Chris Wright
Guest
 
Posts: n/a
Default Deducting "fees" in the year of purchase.

My wife and I are purchasing a primary residence with a
zero-down interest-only loan.

Am I correct in assuming that, [1] if only interest is paid,
there can be no amortization of "fees" over the life of the
loan as the loan will never terminate; [2] if selling the
property terminates the loan, and the appreciation is less
than $500K, amortization of "fees" over the time we've owned
the property will be worthless to us; and [3] to realize a
tax deduction for paying these "fees" a method (still)
exists whereby they may be deducted in the year of purchase?

If so, which bank and escrow "fees" are deductible and how
does one structure payment to guarantee deductibility?

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