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  #12  
Old 03-24-2005, 03:10 AM
Harlan Lunsford
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Default Re: 401k loan tax deduction?

Arthur L. Rubin wrote:
- quote -

> David Woods, EA, ChFC, CLU wrote:

> > The person who said this is on CNBC was wrong. Period. If
> > nothing else, interest used to buy your home must be on a
> > mortgage secured by your residence. Your 401(k) does not
> > and CAN not have a mortgage on your home.


> That part is wrong. There's an increase in the loan
> duration duration limit for 401(k) mortgage loans, and the
> loan must be secured by the house.
> (I'm not sure what happens if the 401(k) has to foreclose....)


See Dave's comments above.

And when in doubt, always ask the 401k plan administrator to
send along a 1098 form.

ChEAr$,
Harlan Lunsford, EA n LA
Mon 21 Mar 2005

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  #11  
Old 03-21-2005, 04:07 AM
David Woods, EA, ChFC, CLU
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Default Re: 401k loan tax deduction?

"Arthur L. Rubin" <ronnirubin[at]sprintmail.com> wrote:
- quote -

> David Woods, EA, ChFC, CLU wrote:

> > The person who said this is on CNBC was wrong. Period. If
> > nothing else, interest used to buy your home must be on a
> > mortgage secured by your residence. Your 401(k) does not
> > and CAN not have a mortgage on your home.


> That part is wrong. There's an increase in the loan
> duration duration limit for 401(k) mortgage loans, and the
> loan must be secured by the house.
> (I'm not sure what happens if the 401(k) has to foreclose....)


Arthur, I'm not wrong. A loan from a 410(k) to buy a home
is not a mortgage on your home. It's a loan from your
401(k) and you used the proceeds to buy a home. Yes it has
a longer duration than other plan loans, but that's based on
the usage of the loaned funds. Again, the loan isn't
secured by the property regardless of whether it's got the
longer duration or not.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #10  
Old 03-18-2005, 11:07 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: 401k loan tax deduction?

"Arthur L. Rubin" <ronnirubin[at]sprintmail.com> wrote:
- quote -

> MPeter wrote:

> > Last year my wife and I purchased a home. Part of our
> > downpayment came from a 401k loan.
> > > I watched a show on CNBC this evening that said that the

> > interest on a 401k loan is tax deductible if it is used for
> > the downpayment on a home.


> I think you may be confusing two different issues.
> A disbursement from a 401k is NOT subject to the early
> withdrawal penalty if used toward purchase of a "first" home
> (and under $10,000), although it's still taxable.
> Interest paid on a 401k mortgage loan SHOULD be deductible
> as mortgage interest, even if paid to "yourself". However,
> there is some disagreement among professionals, and there
> seems no specific guidance from the IRS or from the courts.


On what grounds? Is the mortgage secured by the property?
If not (and it can't be without disqualifying the account)
then it's not qualified mortgage interest.

- quote -

> I don't think CNN is a good source of tax guidance. I'm not
> even sure that H&R Block is a good source of tax guidance.


Oh I'm sure about H&R Block. I'll simply refrain from
stating what I am sure of about them.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #9  
Old 03-18-2005, 11:07 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: 401k loan tax deduction?

"Phil Marti" <prm20871[at]verizon.net> wrote:
- quote -

> "MPeter" <mpeter[at]nospam.yahoo.com> wrote:

> > Last year my wife and I purchased a home. Part of our
> > downpayment came from a 401k loan.
> > > I watched a show on CNBC this evening that said that the

> > interest on a 401k loan is tax deductible if it is used for
> > the downpayment on a home.


> Switch to the cartoon network. Evidently you'll get better
> tax advice there. It's not deductible


Hey! I resent that! I'll have you know that on occasion,
Cartoon Network stills airs a cartoon worth watching, like
Justice League and Megas XLR.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

Moderator:
And my hero: Rocket J. Squirrel with his partner, the most
successfull graduate of WhatsaMatta U., Bullwinkle Moose.
BTW: Boris and Nattasa graduated from Duke which means
they live in New Jersey.

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  #8  
Old 03-17-2005, 05:51 AM
Arthur L. Rubin
Guest
 
Posts: n/a
Default Re: 401k loan tax deduction?

David Woods, EA, ChFC, CLU wrote:

- quote -

> The person who said this is on CNBC was wrong. Period. If
> nothing else, interest used to buy your home must be on a
> mortgage secured by your residence. Your 401(k) does not
> and CAN not have a mortgage on your home.


That part is wrong. There's an increase in the loan
duration duration limit for 401(k) mortgage loans, and the
loan must be secured by the house.

(I'm not sure what happens if the 401(k) has to foreclose....)

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  #7  
Old 03-17-2005, 04:16 AM
Herb Smith
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Posts: n/a
Default Re: 401k loan tax deduction?

Arthur L. Rubin wrote:
- quote -

> MPeter wrote:

> > Last year my wife and I purchased a home. Part of our
> > downpayment came from a 401k loan.
> > > I watched a show on CNBC this evening that said that the

> > interest on a 401k loan is tax deductible if it is used for
> > the downpayment on a home.


> I think you may be confusing two different issues.
> A disbursement from a 401k is NOT subject to the early
> withdrawal penalty if used toward purchase of a "first" home
> (and under $10,000), although it's still taxable.


I think you are confused. The exemption for first-time
homebuyer applies to IRA withdrawals, NOT 401Ks.

- quote -

> Interest paid on a 401k mortgage loan SHOULD be deductible
> as mortgage interest, even if paid to "yourself". However,
> there is some disagreement among professionals, and there
> seems no specific guidance from the IRS or from the courts.


I disagree. The loan is secured by funds in the 401K, not
the house. You can't deduct the interest you pay to
yourself, since you never paid tax on the interest income.

- quote -

> I don't think CNN is a good source of tax guidance. I'm not
> even sure that H&R Block is a good source of tax guidance.


I thought the reference was to CNBC, not CNN.

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  #6  
Old 03-17-2005, 03:19 AM
Phil Marti
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Posts: n/a
Default Re: 401k loan tax deduction?

"Arthur L. Rubin" <ronnirubin[at]sprintmail.com> wrote:

- quote -

> I think you may be confusing two different issues.
> A disbursement from a 401k is NOT subject to the early
> withdrawal penalty if used toward purchase of a "first" home
> (and under $10,000), although it's still taxable.


Not true. While that exception applies to IRA
distributions, it does not apply to 401(k) distributions.
See Publication 575.

- quote -

> Interest paid on a 401k mortgage loan SHOULD be deductible
> as mortgage interest, even if paid to "yourself".


I have never seen a 401(k) loan secured by real estate,
which is a requirement for the deduction of mortgage
interest.

--
Phil Marti
Clarksburg, MD

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  #5  
Old 03-14-2005, 01:48 AM
Bryan Kellar
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Posts: n/a
Default Re: 401k loan tax deduction?

"MPeter" <mpeter[at]nospam.yahoo.com> wrote:

- quote -

> Last year my wife and I purchased a home. Part of our
> downpayment came from a 401k loan.
> I watched a show on CNBC this evening that said that the
> interest on a 401k loan is tax deductible if it is used for
> the downpayment on a home.


Please don't believe everything you hear on TV.

One of the requirements for the home mortgage interest
deduction is that the loan be secured with the home itself
as collateral. Therefore, interest on a standard mortgage
loan is deductible, interest on a home equity loan is
deductible (within limits), and so on. But in most cases,
interest on a loan from a friend, a bank, your 401(k), or
whatever source that does not feature the property as
collateral is not deductible.

- quote -

> I searched the IRS web site but couldn't find anything on
> this. Is this true? If so, which form do I use? Are the
> any other rules or income limitations?


Sorry, it's not there to find. For more information, look
on the site for Pub 530, Tax Information for First-Time
Homeowners, and Pub 936, Home Mortgage Interest Deduction.

Bryan
--
Bryan Kellar, EA
Oregon Tax Help, Inc. -- Portland, Oregon
www.oregontaxhelp.com
www.canadatax.org

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  #4  
Old 03-14-2005, 01:48 AM
Arthur Kamlet
Guest
 
Posts: n/a
Default Re: 401k loan tax deduction?

MPeter <mpeter[at]nospam.yahoo.com> wrote:

- quote -

> Last year my wife and I purchased a home. Part of our
> downpayment came from a 401k loan.
> I watched a show on CNBC this evening that said that the
> interest on a 401k loan is tax deductible if it is used for
> the downpayment on a home.
> I searched the IRS web site but couldn't find anything on
> this. Is this true? If so, which form do I use? Are the
> any other rules or income limitations?


No this is not true. You might want to write or email CNBC
and complain.

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

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  #3  
Old 03-14-2005, 01:29 AM
David Woods, EA, ChFC, CLU
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Posts: n/a
Default Re: 401k loan tax deduction?

"MPeter" <mpeter[at]nospam.yahoo.com> wrote:

- quote -

> Last year my wife and I purchased a home. Part of our
> downpayment came from a 401k loan.
> I watched a show on CNBC this evening that said that the
> interest on a 401k loan is tax deductible if it is used for
> the downpayment on a home.


Really now. Did they give a citation? No? Didn't think
so.

- quote -

> I searched the IRS web site but couldn't find anything on
> this. Is this true? If so, which form do I use? Are the
> any other rules or income limitations?


The person who said this is on CNBC was wrong. Period. If
nothing else, interest used to buy your home must be on a
mortgage secured by your residence. Your 401(k) does not
and CAN not have a mortgage on your home.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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  #2  
Old 03-14-2005, 01:10 AM
A.G. Kalman
Guest
 
Posts: n/a
Default Re: 401k loan tax deduction?

MPeter wrote:

- quote -

> Last year my wife and I purchased a home. Part of our
> downpayment came from a 401k loan.
> I watched a show on CNBC this evening that said that the
> interest on a 401k loan is tax deductible if it is used for
> the downpayment on a home.
> I searched the IRS web site but couldn't find anything on
> this. Is this true? If so, which form do I use? Are the
> any other rules or income limitations?
> Thanks in advance.


It fails every test for being deductible......
It is being paid to a related party, namely yourself.
No one is reporting the interest income.
The loan is not secured by the home.
It is not investment interest.

--
Alan
http://taxtopics.net

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  #1  
Old 03-14-2005, 12:32 AM
Arthur L. Rubin
Guest
 
Posts: n/a
Default Re: 401k loan tax deduction?

MPeter wrote:

- quote -

> Last year my wife and I purchased a home. Part of our
> downpayment came from a 401k loan.
> I watched a show on CNBC this evening that said that the
> interest on a 401k loan is tax deductible if it is used for
> the downpayment on a home.


I think you may be confusing two different issues.

A disbursement from a 401k is NOT subject to the early
withdrawal penalty if used toward purchase of a "first" home
(and under $10,000), although it's still taxable.

Interest paid on a 401k mortgage loan SHOULD be deductible
as mortgage interest, even if paid to "yourself". However,
there is some disagreement among professionals, and there
seems no specific guidance from the IRS or from the courts.

I don't think CNN is a good source of tax guidance. I'm not
even sure that H&R Block is a good source of tax guidance.

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Old 03-13-2005, 11:15 PM
Phil Marti
Guest
 
Posts: n/a
Default Re: 401k loan tax deduction?

"MPeter" <mpeter[at]nospam.yahoo.com> wrote:

- quote -

> Last year my wife and I purchased a home. Part of our
> downpayment came from a 401k loan.
> I watched a show on CNBC this evening that said that the
> interest on a 401k loan is tax deductible if it is used for
> the downpayment on a home.


Switch to the cartoon network. Evidently you'll get better
tax advice there. It's not deductible

--
Phil Marti
Clarksburg, MD

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  #-1  
Old 03-12-2005, 01:00 PM
MPeter
Guest
 
Posts: n/a
Default 401k loan tax deduction?

Last year my wife and I purchased a home. Part of our
downpayment came from a 401k loan.

I watched a show on CNBC this evening that said that the
interest on a 401k loan is tax deductible if it is used for
the downpayment on a home.

I searched the IRS web site but couldn't find anything on
this. Is this true? If so, which form do I use? Are the
any other rules or income limitations?

Thanks in advance.

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401k, deduction, loan, tax
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