Publication 936 - Home Mortgage Interest Deduction - 2011 Page 9

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Home Acquisition Debt
Example 1. You bought your main home on
include the painting costs in the cost of the
June 3 for $175,000. You paid for the home with
improvements.
cash you got from the sale of your old home. On
Home acquisition debt is a mortgage you took
Acquiring an interest in a home because of
July 15, you took out a mortgage of $150,000
out after October 13, 1987, to buy, build, or
EPS File Name: 10426g01
Size: Width = 14.0 picas,
a divorce. If you incur debt to acquire the
substantially improve a qualified home (your
secured by your main home. You used the
interest of a spouse or former spouse in a home,
main or second home). It also must be secured
$150,000 to invest in stocks. You can treat the
because of a divorce or legal separation, you
by that home.
mortgage as taken out to buy your home be-
can treat that debt as home acquisition debt.
If the amount of your mortgage is more than
cause you bought the home within 90 days
Part of home not a qualified home. To
the cost of the home plus the cost of any sub-
before you took out the mortgage. The entire
figure your home acquisition debt, you must
stantial improvements, only the debt that is not
mortgage qualifies as home acquisition debt be-
divide the cost of your home and improvements
more than the cost of the home plus improve-
cause it was not more than the home’s cost.
between the part of your home that is a qualified
ments qualifies as home acquisition debt. The
home and any part that is not a qualified home.
additional debt may qualify as home equity debt
Example 2. On January 31, John began
See
Divided use of your home
under Qualified
(discussed later).
building a home on the lot that he owned. He
Home in Part I.
used $45,000 of his personal funds to build the
Home acquisition debt limit. The total
home. The home was completed on October 31.
amount you can treat as home acquisition debt
Home Equity Debt
On November 21, John took out a $36,000 mort-
at any time on your main home and second
gage that was secured by the home. The mort-
home cannot be more than $1 million ($500,000
If you took out a loan for reasons other than to
gage can be treated as used to build the home
if married filing separately). This limit is reduced
buy, build, or substantially improve your home, it
because it was taken out within 90 days after the
(but not below zero) by the amount of your
may qualify as home equity debt. In addition,
home was completed. The entire mortgage
grandfathered debt (discussed later). Debt over
debt you incurred to buy, build, or substantially
qualifies as home acquisition debt because it
this limit may qualify as home equity debt (also
improve your home, to the extent it is more than
was not more than the expenses incurred within
discussed later).
the home acquisition debt limit (discussed ear-
the period beginning 24 months before the
lier), may qualify as home equity debt.
home was completed. This is illustrated by
Refinanced home acquisition debt. Any se-
Home equity debt is a mortgage you took out
Figure C.
cured debt you use to refinance home acquisi-
after October 13, 1987, that:
Figure C.
tion debt is treated as home acquisition debt.
However, the new debt will qualify as home
Does not qualify as home acquisition debt
Home
acquisition debt only up to the amount of the
or as grandfathered debt, and
John
Completed
balance of the old mortgage principal just before
Is secured by your qualified home.
the refinancing. Any additional debt not used to
Starts
($45,000 in
$36,000
buy, build, or substantially improve a qualified
Building
Personal
Mortgage
home is not home acquisition debt, but may
Example. You bought your home for cash
Home
Funds Used)
Taken Out
qualify as home equity debt (discussed later).
10 years ago. You did not have a mortgage on
your home until last year, when you took out a
Mortgage that qualifies later. A mortgage
$20,000 loan, secured by your home, to pay for
Jan. 31
Oct. 31
Nov. 21
that does not qualify as home acquisition debt
your daughter’s college tuition and your father’s
because it does not meet all the requirements
medical bills. This loan is home equity debt.
may qualify at a later time. For example, a debt
Home equity debt limit. There is a limit on the
that you use to buy your home may not qualify
amount of debt that can be treated as home
as home acquisition debt because it is not se-
9 Months
22 Days
equity debt. The total home equity debt on your
cured by the home. However, if the debt is later
(Within 24 Months)
(Within 90 Days)
main home and second home is limited to the
secured by the home, it may qualify as home
smaller of:
acquisition debt after that time. Similarly, a debt
Date of the mortgage. The date you take
that you use to buy property may not qualify
$100,000 ($50,000 if married filing sepa-
out your mortgage is the day the loan proceeds
because the property is not a qualified home.
rately), or
are disbursed. This is generally the closing date.
However, if the property later becomes a quali-
You can treat the day you apply in writing for
The total of each home’s fair market value
fied home, the debt may qualify after that time.
your mortgage as the date you take it out. How-
(FMV) reduced (but not below zero) by the
Mortgage treated as used to buy, build, or
ever, this applies only if you receive the loan
amount of its home acquisition debt and
improve home. A mortgage secured by a
proceeds within a reasonable time (such as
grandfathered debt. Determine the FMV
qualified home may be treated as home acquisi-
within 30 days) after your application is ap-
and the outstanding home acquisition and
tion debt, even if you do not actually use the
proved. If a timely application you make is re-
grandfathered debt for each home on the
proceeds to buy, build, or substantially improve
jected, a reasonable additional time will be
date that the last debt was secured by the
the home. This applies in the following situa-
allowed to make a new application.
home.
tions.
Cost of home or improvements. To deter-
1. You buy your home within 90 days before
Example. You own one home that you
mine your cost, include amounts paid to acquire
or after the date you take out the mort-
bought in 2000. Its FMV now is $110,000, and
any interest in a qualified home or to substan-
gage. The home acquisition debt is limited
the current balance on your original mortgage
tially improve the home.
to the home’s cost, plus the cost of any
(home acquisition debt) is $95,000. Bank M of-
The cost of building or substantially improv-
substantial improvements within the limit
fers you a home mortgage loan of 125% of the
ing a qualified home includes the costs to ac-
described below in (2) or (3). (See Exam-
FMV of the home less any outstanding mort-
ple 1 below.)
quire real property and building materials, fees
gages or other liens. To consolidate some of
for architects and design plans, and required
your other debts, you take out a $42,500 home
2. You build or improve your home and take
mortgage loan [(125% × $110,000) − $95,000]
building permits.
out the mortgage before the work is com-
with Bank M.
Substantial improvement. An improve-
pleted. The home acquisition debt is lim-
Your home equity debt is limited to $15,000.
ited to the amount of the expenses
ment is substantial if it:
This is the smaller of:
incurred within 24 months before the date
Adds to the value of your home,
of the mortgage.
$100,000, the maximum limit, or
Prolongs your home’s useful life, or
3. You build or improve your home and take
$15,000, the amount that the FMV of
out the mortgage within 90 days after the
Adapts your home to new uses.
$110,000 exceeds the amount of home
work is completed. The home acquisition
acquisition debt of $95,000.
debt is limited to the amount of the ex-
Repairs that maintain your home in good con-
penses incurred within the period begin-
dition, such as repainting your home, are not
Debt higher than limit.
Interest on
substantial improvements. However, if you paint
ning 24 months before the work is
amounts over the home equity debt limit (such
as the interest on $27,500 [$42,500 − $15,000]
completed and ending on the date of the
your home as part of a renovation that substan-
mortgage. (See Example 2 below.)
tially improves your qualified home, you can
in the preceding example) generally is treated
Publication 936 (2011)
Page 9

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