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2011 Tax Act Online

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2011 Tax Act Online

2011 tax act online 8. 2011 tax act online   Foreign Insurance Taxes Table of Contents Premium. 2011 tax act online Tax is imposed on insurance policies issued by foreign insurers. 2011 tax act online Any person who makes, signs, issues, or sells any of the documents and instruments subject to the tax, or for whose use or benefit they are made, signed, issued, or sold, is liable for the tax. 2011 tax act online The following tax rates apply to each dollar (or fraction thereof) of the premium paid. 2011 tax act online Casualty insurance and indemnity, fidelity, and surety bonds: 4 cents. 2011 tax act online For example, on a premium payment of $10. 2011 tax act online 10, the tax is 44 cents. 2011 tax act online Life, sickness, and accident insurance, and annuity contracts: 1 cent. 2011 tax act online For example, on a premium payment of $10. 2011 tax act online 10, the tax is 11 cents. 2011 tax act online Reinsurance policies covering any of the taxable contracts described in items (1) and (2): 1 cent. 2011 tax act online However, the tax does not apply to casualty insurance premiums paid to foreign insurers for coverage of export goods in transit to foreign destinations. 2011 tax act online Premium. 2011 tax act online   Premium means the agreed price or consideration for assuming and carrying the risk or obligation. 2011 tax act online It includes any additional charge or assessment payable under the contract, whether in one sum or installments. 2011 tax act online If premiums are refunded, claim the tax paid on those premiums as an overpayment against tax due on other premiums paid or file a claim for refund. 2011 tax act online When liability attaches. 2011 tax act online   The liability for this tax attaches when the premium payment is transferred to the foreign insurer or reinsurer (including transfers to any bank, trust fund, or similar recipient designated by the foreign insurer or reinsurer) or to any nonresident agent, solicitor, or broker. 2011 tax act online A person can pay the tax before the liability attaches if the person keeps records consistent with that practice. 2011 tax act online Who must file. 2011 tax act online   The person who pays the premium to the foreign insurer (or to any nonresident person such as a foreign broker) must pay the tax and file the return. 2011 tax act online Otherwise, any person who issued or sold the policy, or who is insured under the policy, is required to pay the tax and file the return. 2011 tax act online    The person liable for this tax must keep accurate records that identify each policy or instrument subject to tax. 2011 tax act online These records must clearly establish the type of policy or instrument, the gross premium paid, the identity of the insured and insurer, and the total premium charged. 2011 tax act online If the premium is to be paid in installments, the records must also establish the amount and anniversary date of each installment. 2011 tax act online   The records must be kept at the place of business or other convenient location for at least 3 years after the later of the date any part of the tax became due, or the date any part of the tax was paid. 2011 tax act online During this period, the records must be readily accessible to the IRS. 2011 tax act online   The person having control or possession of a policy or instrument subject to this tax must keep the policy for at least 3 years after the date any part of the tax on it was paid. 2011 tax act online For information on reinsurance premiums paid from one foreign insurer to another foreign insurer, see Rev. 2011 tax act online Rul. 2011 tax act online 2008-15. 2011 tax act online You can find Rev. 2011 tax act online Rul. 2011 tax act online 2008-15 on page 633 of I. 2011 tax act online R. 2011 tax act online B. 2011 tax act online 2008-12 at www. 2011 tax act online irs. 2011 tax act online gov/pub/irs-irbs/irb08-12. 2011 tax act online pdf. 2011 tax act online Treaty-based positions under IRC 6114. 2011 tax act online   You may have to file an annual report disclosing the amount of premiums exempt from United States excise tax as a result of the application of a treaty with the United States that overrides (or otherwise modifies) any provision of the Internal Revenue Code. 2011 tax act online   Attach any disclosure statement to the first quarter Form 720. 2011 tax act online You may be able to use Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), as a disclosure statement. 2011 tax act online See the Instructions for Form 720 for information on how and where to file. 2011 tax act online   See Revenue Procedure 92-14 in Cumulative Bulletin 1992-1 for procedures you can use to claim a refund of this tax under certain U. 2011 tax act online S. 2011 tax act online treaties. 2011 tax act online Prev  Up  Next   Home   More Online Publications
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The 2011 Tax Act Online

2011 tax act online 23. 2011 tax act online   Interest Expense Table of Contents Introduction Useful Items - You may want to see: Home Mortgage InterestAmount Deductible Points Mortgage Insurance Premiums Form 1098, Mortgage Interest Statement Investment InterestInvestment Property Allocation of Interest Expense Limit on Deduction Items You Cannot DeductPersonal Interest Allocation of Interest How To ReportMore than one borrower. 2011 tax act online Mortgage proceeds used for business or investment. 2011 tax act online Introduction This chapter discusses what interest expenses you can deduct. 2011 tax act online Interest is the amount you pay for the use of borrowed money. 2011 tax act online The following are types of interest you can deduct as itemized deductions on Schedule A (Form 1040). 2011 tax act online Home mortgage interest, including certain points and mortgage insurance premiums. 2011 tax act online Investment interest. 2011 tax act online This chapter explains these deductions. 2011 tax act online It also explains where to deduct other types of interest and lists some types of interest you cannot deduct. 2011 tax act online Use Table 23-1 to find out where to get more information on various types of interest, including investment interest. 2011 tax act online Useful Items - You may want to see: Publication 936 Home Mortgage Interest Deduction 550 Investment Income and Expenses Home Mortgage Interest Generally, home mortgage interest is any interest you pay on a loan secured by your home (main home or a second home). 2011 tax act online The loan may be a mortgage to buy your home, a second mortgage, a line of credit, or a home equity loan. 2011 tax act online You can deduct home mortgage interest if all the following conditions are met. 2011 tax act online You file Form 1040 and itemize deductions on Schedule A (Form 1040). 2011 tax act online The mortgage is a secured debt on a qualified home in which you have an ownership interest. 2011 tax act online (Generally, your mortgage is a secured debt if you put your home up as collateral to protect the interest of the lender. 2011 tax act online The term “qualified home” means your main home or second home. 2011 tax act online For details, see Publication 936. 2011 tax act online )  Both you and the lender must intend that the loan be repaid. 2011 tax act online Amount Deductible In most cases, you can deduct all of your home mortgage interest. 2011 tax act online How much you can deduct depends on the date of the mortgage, the amount of the mortgage, and how you use the mortgage proceeds. 2011 tax act online Fully deductible interest. 2011 tax act online   If all of your mortgages fit into one or more of the following three categories at all times during the year, you can deduct all of the interest on those mortgages. 2011 tax act online (If any one mortgage fits into more than one category, add the debt that fits in each category to your other debt in the same category. 2011 tax act online )   The three categories are as follows: Mortgages you took out on or before October 13, 1987 (called grandfathered debt). 2011 tax act online Mortgages you took out after October 13, 1987, to buy, build, or improve your home (called home acquisition debt), but only if throughout 2013 these mortgages plus any grandfathered debt totaled $1 million or less ($500,000 or less if married filing separately). 2011 tax act online Mortgages you took out after October 13, 1987, other than to buy, build, or improve your home (called home equity debt), but only if throughout 2013 these mortgages totaled $100,000 or less ($50,000 or less if married filing separately) and totaled no more than the fair market value of your home reduced by (1) and (2). 2011 tax act online The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home. 2011 tax act online   See Part II of Publication 936 for more detailed definitions of grandfathered, home acquisition, and home equity debt. 2011 tax act online    You can use Figure 23-A to check whether your home mortgage interest is fully deductible. 2011 tax act online Figure 23-A. 2011 tax act online Is My Home Mortgage Interest Fully Deductible? Please click here for the text description of the image. 2011 tax act online Figure 23-A. 2011 tax act online Is My Interest Fully Deductible? Limits on deduction. 2011 tax act online   You cannot fully deduct interest on a mortgage that does not fit into any of the three categories listed earlier. 2011 tax act online If this applies to you, see Part II of Publication 936 to figure the amount of interest you can deduct. 2011 tax act online Special Situations This section describes certain items that can be included as home mortgage interest and others that cannot. 2011 tax act online It also describes certain special situations that may affect your deduction. 2011 tax act online Late payment charge on mortgage payment. 2011 tax act online   You can deduct as home mortgage interest a late payment charge if it was not for a specific service performed in connection with your mortgage loan. 2011 tax act online Mortgage prepayment penalty. 2011 tax act online   If you pay off your home mortgage early, you may have to pay a penalty. 2011 tax act online You can deduct that penalty as home mortgage interest provided the penalty is not for a specific service performed or cost incurred in connection with your mortgage loan. 2011 tax act online Sale of home. 2011 tax act online   If you sell your home, you can deduct your home mortgage interest (subject to any limits that apply) paid up to, but not including, the date of sale. 2011 tax act online Example. 2011 tax act online John and Peggy Harris sold their home on May 7. 2011 tax act online Through April 30, they made home mortgage interest payments of $1,220. 2011 tax act online The settlement sheet for the sale of the home showed $50 interest for the 6-day period in May up to, but not including, the date of sale. 2011 tax act online Their mortgage interest deduction is $1,270 ($1,220 + $50). 2011 tax act online Prepaid interest. 2011 tax act online   If you pay interest in advance for a period that goes beyond the end of the tax year, you must spread this interest over the tax years to which it applies. 2011 tax act online You can deduct in each year only the interest that qualifies as home mortgage interest for that year. 2011 tax act online However, there is an exception that applies to points, discussed later. 2011 tax act online Mortgage interest credit. 2011 tax act online   You may be able to claim a mortgage interest credit if you were issued a mortgage credit certificate (MCC) by a state or local government. 2011 tax act online Figure the credit on Form 8396, Mortgage Interest Credit. 2011 tax act online If you take this credit, you must reduce your mortgage interest deduction by the amount of the credit. 2011 tax act online   For more information on the credit, see chapter 37. 2011 tax act online Ministers' and military housing allowance. 2011 tax act online   If you are a minister or a member of the uniformed services and receive a housing allowance that is not taxable, you can still deduct your home mortgage interest. 2011 tax act online Hardest Hit Fund and Emergency Homeowners' Loan Programs. 2011 tax act online   You can use a special method to compute your deduction for mortgage interest and real estate taxes on your main home if you meet the following two conditions. 2011 tax act online You received assistance under: A State Housing Finance Agency (State HFA) Hardest Hit Fund program in which program payments could be used to pay mortgage interest, or An Emergency Homeowners' Loan Program administered by the Department of Housing and Urban Development (HUD) or a state. 2011 tax act online You meet the rules to deduct all of the mortgage interest on your loan and all of the real estate taxes on your main home. 2011 tax act online If you meet these tests, then you can deduct all of the payments you actually made during the year to your mortgage servicer, the State HFA, or HUD on the home mortgage (including the amount shown on box 3 of Form 1098-MA, Mortgage Assistance Payments), but not more than the sum of the amounts shown on Form 1098, Mortgage Interest Statement, in box 1 (mortgage interest received from payer(s) / borrower(s)), box 4 (mortgage insurance premiums) and box 5 (real property taxes). 2011 tax act online However, you are not required to use this special method to compute your deduction for mortgage interest and real estate taxes on your main home. 2011 tax act online Mortgage assistance payments under section 235 of the National Housing Act. 2011 tax act online   If you qualify for mortgage assistance payments for lower-income families under section 235 of the National Housing Act, part or all of the interest on your mortgage may be paid for you. 2011 tax act online You cannot deduct the interest that is paid for you. 2011 tax act online No other effect on taxes. 2011 tax act online   Do not include these mortgage assistance payments in your income. 2011 tax act online Also, do not use these payments to reduce other deductions, such as real estate taxes. 2011 tax act online Divorced or separated individuals. 2011 tax act online   If a divorce or separation agreement requires you or your spouse or former spouse to pay home mortgage interest on a home owned by both of you, the payment of interest may be alimony. 2011 tax act online See the discussion of Payments for jointly-owned home in chapter 18. 2011 tax act online Redeemable ground rents. 2011 tax act online   If you make annual or periodic rental payments on a redeemable ground rent, you can deduct them as mortgage interest. 2011 tax act online   Payments made to end the lease and to buy the lessor's entire interest in the land are not deductible as mortgage interest. 2011 tax act online For more information, see Publication 936. 2011 tax act online Nonredeemable ground rents. 2011 tax act online   Payments on a nonredeemable ground rent are not mortgage interest. 2011 tax act online You can deduct them as rent if they are a business expense or if they are for rental property. 2011 tax act online Reverse mortgages. 2011 tax act online   A reverse mortgage is a loan where the lender pays you (in a lump sum, a monthly advance, a line of credit, or a combination of all three) while you continue to live in your home. 2011 tax act online With a reverse mortgage, you retain title to your home. 2011 tax act online Depending on the plan, your reverse mortgage becomes due with interest when you move, sell your home, reach the end of a pre-selected loan period, or die. 2011 tax act online Because reverse mortgages are considered loan advances and not income, the amount you receive is not taxable. 2011 tax act online Any interest (including original issue discount) accrued on a reverse mortgage is not deductible until the loan is paid in full. 2011 tax act online Your deduction may be limited because a reverse mortgage loan generally is subject to the limit on Home Equity Debt discussed in Publication 936. 2011 tax act online Rental payments. 2011 tax act online   If you live in a house before final settlement on the purchase, any payments you make for that period are rent and not interest. 2011 tax act online This is true even if the settlement papers call them interest. 2011 tax act online You cannot deduct these payments as home mortgage interest. 2011 tax act online Mortgage proceeds invested in tax-exempt securities. 2011 tax act online   You cannot deduct the home mortgage interest on grandfathered debt or home equity debt if you used the proceeds of the mortgage to buy securities or certificates that produce tax-free income. 2011 tax act online “Grandfathered debt” and “home equity debt” are defined earlier under Amount Deductible. 2011 tax act online Refunds of interest. 2011 tax act online   If you receive a refund of interest in the same tax year you paid it, you must reduce your interest expense by the amount refunded to you. 2011 tax act online If you receive a refund of interest you deducted in an earlier year, you generally must include the refund in income in the year you receive it. 2011 tax act online However, you need to include it only up to the amount of the deduction that reduced your tax in the earlier year. 2011 tax act online This is true whether the interest overcharge was refunded to you or was used to reduce the outstanding principal on your mortgage. 2011 tax act online    If you received a refund of interest you overpaid in an earlier year, you generally will receive a Form 1098, Mortgage Interest Statement, showing the refund in box 3. 2011 tax act online For information about Form 1098, see Form 1098, Mortgage Interest Statement , later. 2011 tax act online   For more information on how to treat refunds of interest deducted in earlier years, see Recoveries in chapter 12. 2011 tax act online Points The term “points” is used to describe certain charges paid, or treated as paid, by a borrower to obtain a home mortgage. 2011 tax act online Points may also be called loan origination fees, maximum loan charges, loan discount, or discount points. 2011 tax act online A borrower is treated as paying any points that a home seller pays for the borrower's mortgage. 2011 tax act online See Points paid by the seller , later. 2011 tax act online General Rule You generally cannot deduct the full amount of points in the year paid. 2011 tax act online Because they are prepaid interest, you generally deduct them ratably over the life (term) of the mortgage. 2011 tax act online See Deduction Allowed Ratably , next. 2011 tax act online For exceptions to the general rule, see Deduction Allowed in Year Paid , later. 2011 tax act online Deduction Allowed Ratably If you do not meet the tests listed under Deduction Allowed in Year Paid , later, the loan is not a home improvement loan, or you choose not to deduct your points in full in the year paid, you can deduct the points ratably (equally) over the life of the loan if you meet all the following tests. 2011 tax act online You use the cash method of accounting. 2011 tax act online This means you report income in the year you receive it and deduct expenses in the year you pay them. 2011 tax act online Most individuals use this method. 2011 tax act online Your loan is secured by a home. 2011 tax act online (The home does not need to be your main home. 2011 tax act online ) Your loan period is not more than 30 years. 2011 tax act online If your loan period is more than 10 years, the terms of your loan are the same as other loans offered in your area for the same or longer period. 2011 tax act online Either your loan amount is $250,000 or less, or the number of points is not more than: 4, if your loan period is 15 years or less, or 6, if your loan period is more than 15 years. 2011 tax act online Deduction Allowed in Year Paid You can fully deduct points in the year paid if you meet all the following tests. 2011 tax act online (You can use Figure 23-B as a quick guide to see whether your points are fully deductible in the year paid. 2011 tax act online ) Your loan is secured by your main home. 2011 tax act online (Your main home is the one you ordinarily live in most of the time. 2011 tax act online ) Paying points is an established business practice in the area where the loan was made. 2011 tax act online The points paid were not more than the points generally charged in that area. 2011 tax act online You use the cash method of accounting. 2011 tax act online This means you report income in the year you receive it and deduct expenses in the year you pay them. 2011 tax act online (If you want more information about this method, see Accounting Methods in chapter 1. 2011 tax act online ) 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. 2011 tax act online The funds you provided at or before closing, plus any points the seller paid, were at least as much as the points charged. 2011 tax act online The funds you provided are not required to have been applied to the points. 2011 tax act online They can include a down payment, an escrow deposit, earnest money, and other funds you paid at or before closing for any purpose. 2011 tax act online You cannot have borrowed these funds from your lender or mortgage broker. 2011 tax act online You use your loan to buy or build your main home. 2011 tax act online The points were computed as a percentage of the principal amount of the mortgage. 2011 tax act online The amount is clearly shown on the settlement statement (such as the Settlement Statement, Form HUD-1) as points charged for the mortgage. 2011 tax act online The points may be shown as paid from either your funds or the seller's. 2011 tax act online Figure 23-B. 2011 tax act online Are My Points Fully Deductible This Year? Please click here for the text description of the image. 2011 tax act online Figure 23-B. 2011 tax act online Are My Points Fully Deductible This Year? Note. 2011 tax act online If you meet all of these tests, you can choose to either fully deduct the points in the year paid, or deduct them over the life of the loan. 2011 tax act online Home improvement loan. 2011 tax act online   You can also fully deduct in the year paid points paid on a loan to improve your main home, if tests (1) through (6) are met. 2011 tax act online Second home. 2011 tax act online You cannot fully deduct in the year paid points you pay on loans secured by your second home. 2011 tax act online You can deduct these points only over the life of the loan. 2011 tax act online Refinancing. 2011 tax act online   Generally, points you pay to refinance a mortgage are not deductible in full in the year you pay them. 2011 tax act online This is true even if the new mortgage is secured by your main home. 2011 tax act online   However, if you use part of the refinanced mortgage proceeds to improve your main home and you meet the first 6 tests listed under Deduction Allowed in Year Paid , earlier, you can fully deduct the part of the points related to the improvement in the year you paid them with your own funds. 2011 tax act online You can deduct the rest of the points over the life of the loan. 2011 tax act online Example 1. 2011 tax act online In 1998, Bill Fields got a mortgage to buy a home. 2011 tax act online In 2013, Bill refinanced that mortgage with a 15-year $100,000 mortgage loan. 2011 tax act online The mortgage is secured by his home. 2011 tax act online To get the new loan, he had to pay three points ($3,000). 2011 tax act online 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. 2011 tax act online Bill paid the points out of his private funds, rather than out of the proceeds of the new loan. 2011 tax act online The payment of points is an established practice in the area, and the points charged are not more than the amount generally charged there. 2011 tax act online Bill's first payment on the new loan was due July 1. 2011 tax act online He made six payments on the loan in 2013 and is a cash basis taxpayer. 2011 tax act online Bill used the funds from the new mortgage to repay his existing mortgage. 2011 tax act online 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. 2011 tax act online He cannot deduct all of the points in 2013. 2011 tax act online He can deduct two points ($2,000) ratably over the life of the loan. 2011 tax act online He deducts $67 [($2,000 ÷ 180 months) × 6 payments] of the points in 2013. 2011 tax act online The other point ($1,000) was a fee for services and is not deductible. 2011 tax act online Example 2. 2011 tax act online 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. 2011 tax act online Bill deducts 25% ($25,000 ÷ $100,000) of the points ($2,000) in 2013. 2011 tax act online His deduction is $500 ($2,000 × 25%). 2011 tax act online Bill also deducts the ratable part of the remaining $1,500 ($2,000 − $500) that must be spread over the life of the loan. 2011 tax act online This is $50 [($1,500 ÷ 180 months) × 6 payments] in 2013. 2011 tax act online The total amount Bill deducts in 2013 is $550 ($500 + $50). 2011 tax act online Special Situations This section describes certain special situations that may affect your deduction of points. 2011 tax act online Original issue discount. 2011 tax act online   If you do not qualify to either deduct the points in the year paid or deduct them ratably over the life of the loan, or if you choose not to use either of these methods, the points reduce the issue price of the loan. 2011 tax act online This reduction results in original issue discount, which is discussed in chapter 4 of Publication 535. 2011 tax act online Amounts charged for services. 2011 tax act online   Amounts charged by the lender for specific services connected to the loan are not interest. 2011 tax act online Examples of these charges are: Appraisal fees, Notary fees, and Preparation costs for the mortgage note or deed of trust. 2011 tax act online You cannot deduct these amounts as points either in the year paid or over the life of the mortgage. 2011 tax act online Points paid by the seller. 2011 tax act online   The term “points” includes loan placement fees that the seller pays to the lender to arrange financing for the buyer. 2011 tax act online Treatment by seller. 2011 tax act online   The seller cannot deduct these fees as interest. 2011 tax act online But they are a selling expense that reduces the amount realized by the seller. 2011 tax act online See chapter 15 for information on selling your home. 2011 tax act online Treatment by buyer. 2011 tax act online    The buyer reduces the basis of the home by the amount of the seller-paid points and treats the points as if he or she had paid them. 2011 tax act online If all the tests under Deduction Allowed in Year Paid , earlier, are met, the buyer can deduct the points in the year paid. 2011 tax act online If any of those tests are not met, the buyer deducts the points over the life of the loan. 2011 tax act online   For information about basis, see chapter 13. 2011 tax act online Funds provided are less than points. 2011 tax act online   If you meet all the tests in Deduction Allowed in Year Paid , earlier, except that the funds you provided were less than the points charged to you (test (6)), you can deduct the points in the year paid, up to the amount of funds you provided. 2011 tax act online In addition, you can deduct any points paid by the seller. 2011 tax act online Example 1. 2011 tax act online When you took out a $100,000 mortgage loan to buy your home in December, you were charged one point ($1,000). 2011 tax act online You meet all the tests for deducting points in the year paid, except the only funds you provided were a $750 down payment. 2011 tax act online Of the $1,000 charged for points, you can deduct $750 in the year paid. 2011 tax act online You spread the remaining $250 over the life of the mortgage. 2011 tax act online Example 2. 2011 tax act online The facts are the same as in Example 1, except that the person who sold you your home also paid one point ($1,000) to help you get your mortgage. 2011 tax act online In the year paid, you can deduct $1,750 ($750 of the amount you were charged plus the $1,000 paid by the seller). 2011 tax act online You spread the remaining $250 over the life of the mortgage. 2011 tax act online You must reduce the basis of your home by the $1,000 paid by the seller. 2011 tax act online Excess points. 2011 tax act online   If you meet all the tests in Deduction Allowed in Year Paid , earlier, except that the points paid were more than generally paid in your area (test (3)), you deduct in the year paid only the points that are generally charged. 2011 tax act online You must spread any additional points over the life of the mortgage. 2011 tax act online Mortgage ending early. 2011 tax act online   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. 2011 tax act online However, if you refinance the mortgage with the same lender, you cannot deduct any remaining balance of spread points. 2011 tax act online Instead, deduct the remaining balance over the term of the new loan. 2011 tax act online    A mortgage may end early due to a prepayment, refinancing, foreclosure, or similar event. 2011 tax act online Example. 2011 tax act online Dan paid $3,000 in points in 2002 that he had to spread out over the 15-year life of the mortgage. 2011 tax act online He deducts $200 points per year. 2011 tax act online Through 2012, Dan has deducted $2,200 of the points. 2011 tax act online Dan prepaid his mortgage in full in 2013. 2011 tax act online He can deduct the remaining $800 of points in 2013. 2011 tax act online Limits on deduction. 2011 tax act online   You cannot fully deduct points paid on a mortgage unless the mortgage fits into one of the categories listed earlier under Fully deductible interest . 2011 tax act online See Publication 936 for details. 2011 tax act online Mortgage Insurance Premiums You can treat amounts you paid during 2013 for qualified mortgage insurance as home mortgage interest. 2011 tax act online The insurance must be in connection with home acquisition debt and the insurance contract must have been issued after 2006. 2011 tax act online Qualified mortgage insurance. 2011 tax act online   Qualified mortgage insurance is mortgage insurance provided by the Department of Veterans Affairs, the Federal Housing Administration, or the Rural Housing Service, and private mortgage insurance (as defined in section 2 of the Homeowners Protection Act of 1998 as in effect on December 20, 2006). 2011 tax act online   Mortgage insurance provided by the Department of Veterans Affairs is commonly known as a funding fee. 2011 tax act online If provided by the Rural Housing Service, it is commonly known as a guarantee fee. 2011 tax act online These fees can be deducted fully in 2013 if the mortgage insurance contract was issued in 2013. 2011 tax act online Contact the mortgage insurance issuer to determine the deductible amount if it is not reported in box 4 of Form 1098. 2011 tax act online Special rules for prepaid mortgage insurance. 2011 tax act online   Generally, if you paid premiums for qualified mortgage insurance that are allocable to periods after the close of the tax year, such premiums are treated as paid in the period to which they are allocated. 2011 tax act online You must allocate the premiums over the shorter of the stated term of the mortgage or 84 months, beginning with the month the insurance was obtained. 2011 tax act online No deduction is allowed for the unamortized balance if the mortgage is satisfied before its term. 2011 tax act online This paragraph does not apply to qualified mortgage insurance provided by the Department of Veterans Affairs or the Rural Housing Service. 2011 tax act online See the Example below. 2011 tax act online Example. 2011 tax act online Ryan purchased a home in May of 2012 and financed the home with a 15-year mortgage. 2011 tax act online Ryan also prepaid all of the $9,240 in private mortgage insurance required at the time of closing in May. 2011 tax act online Since the $9,240 in private mortgage insurance is allocable to periods after 2012, Ryan must allocate the $9,240 over the shorter of the life of the mortgage or 84 months. 2011 tax act online Ryan's adjusted gross income (AGI) for 2012 is $76,000. 2011 tax act online Ryan can deduct $880 ($9,240 ÷ 84 × 8 months) for qualified mortgage insurance premiums in 2012. 2011 tax act online For 2013, Ryan can deduct $1,320 ($9,240 ÷ 84 × 12 months) if his AGI is $100,000 or less. 2011 tax act online In this example, the mortgage insurance premiums are allocated over 84 months, which is shorter than the life of the mortgage of 15 years (180 months). 2011 tax act online Limit on deduction. 2011 tax act online   If your adjusted gross income on Form 1040, line 38, is more than $100,000 ($50,000 if your filing status is married filing separately), the amount of your mortgage insurance premiums that are otherwise deductible is reduced and may be eliminated. 2011 tax act online See Line 13 in the instructions for Schedule A (Form 1040) and complete the Mortgage Insurance Premiums Deduction Worksheet to figure the amount you can deduct. 2011 tax act online If your adjusted gross income is more than $109,000 ($54,500 if married filing separately), you cannot deduct your mortgage insurance premiums. 2011 tax act online Form 1098, Mortgage Interest Statement If you paid $600 or more of mortgage interest (including certain points and mortgage insurance premiums) during the year on any one mortgage, you generally will receive a Form 1098 or a similar statement from the mortgage holder. 2011 tax act online You will receive the statement if you pay interest to a person (including a financial institution or a cooperative housing corporation) in the course of that person's trade or business. 2011 tax act online A governmental unit is a person for purposes of furnishing the statement. 2011 tax act online The statement for each year should be sent to you by January 31 of the following year. 2011 tax act online A copy of this form will also be sent to the IRS. 2011 tax act online The statement will show the total interest you paid during the year, any mortgage insurance premiums you paid, and if you purchased a main home during the year, it also will show the deductible points paid during the year, including seller-paid points. 2011 tax act online However, it should not show any interest that was paid for you by a government agency. 2011 tax act online As a general rule, Form 1098 will include only points that you can fully deduct in the year paid. 2011 tax act online However, certain points not included on Form 1098 also may be deductible, either in the year paid or over the life of the loan. 2011 tax act online See Points , earlier, to determine whether you can deduct points not shown on Form 1098. 2011 tax act online Prepaid interest on Form 1098. 2011 tax act online   If you prepaid interest in 2013 that accrued in full by January 15, 2014, this prepaid interest may be included in box 1 of Form 1098. 2011 tax act online However, you cannot deduct the prepaid amount for January 2014 in 2013. 2011 tax act online (See Prepaid interest , earlier. 2011 tax act online ) You will have to figure the interest that accrued for 2014 and subtract it from the amount in box 1. 2011 tax act online You will include the interest for January 2014 with the other interest you pay for 2014. 2011 tax act online See How To Report , later. 2011 tax act online Refunded interest. 2011 tax act online   If you received a refund of mortgage interest you overpaid in an earlier year, you generally will receive a Form 1098 showing the refund in box 3. 2011 tax act online See Refunds of interest , earlier. 2011 tax act online Mortgage insurance premiums. 2011 tax act online   The amount of mortgage insurance premiums you paid during 2013 may be shown in box 4 of Form 1098. 2011 tax act online See Mortgage Insurance Premiums, earlier. 2011 tax act online Investment Interest This section discusses interest expenses you may be able to deduct as an investor. 2011 tax act online If you borrow money to buy property you hold for investment, the interest you pay is investment interest. 2011 tax act online You can deduct investment interest subject to the limit discussed later. 2011 tax act online However, you cannot deduct interest you incurred to produce tax-exempt income. 2011 tax act online Nor can you deduct interest expenses on straddles. 2011 tax act online Investment interest does not include any qualified home mortgage interest or any interest taken into account in computing income or loss from a passive activity. 2011 tax act online Investment Property Property held for investment includes property that produces interest, dividends, annuities, or royalties not derived in the ordinary course of a trade or business. 2011 tax act online It also includes property that produces gain or loss (not derived in the ordinary course of a trade or business) from the sale or trade of property producing these types of income or held for investment (other than an interest in a passive activity). 2011 tax act online Investment property also includes an interest in a trade or business activity in which you did not materially participate (other than a passive activity). 2011 tax act online Partners, shareholders, and beneficiaries. 2011 tax act online   To determine your investment interest, combine your share of investment interest from a partnership, S corporation, estate, or trust with your other investment interest. 2011 tax act online Allocation of Interest Expense If you borrow money for business or personal purposes as well as for investment, you must allocate the debt among those purposes. 2011 tax act online Only the interest expense on the part of the debt used for investment purposes is treated as investment interest. 2011 tax act online The allocation is not affected by the use of property that secures the debt. 2011 tax act online Limit on Deduction Generally, your deduction for investment interest expense is limited to the amount of your net investment income. 2011 tax act online You can carry over the amount of investment interest that you could not deduct because of this limit to the next tax year. 2011 tax act online The interest carried over is treated as investment interest paid or accrued in that next year. 2011 tax act online You can carry over disallowed investment interest to the next tax year even if it is more than your taxable income in the year the interest was paid or accrued. 2011 tax act online Net Investment Income Determine the amount of your net investment income by subtracting your investment expenses (other than interest expense) from your investment income. 2011 tax act online Investment income. 2011 tax act online    This generally includes your gross income from property held for investment (such as interest, dividends, annuities, and royalties). 2011 tax act online Investment income does not include Alaska Permanent Fund dividends. 2011 tax act online It also does not include qualified dividends or net capital gain unless you choose to include them. 2011 tax act online Choosing to include qualified dividends. 2011 tax act online   Investment income generally does not include qualified dividends, discussed in chapter 8. 2011 tax act online However, you can choose to include all or part of your qualified dividends in investment income. 2011 tax act online   You make this choice by completing Form 4952, line 4g, according to its instructions. 2011 tax act online   If you choose to include any amount of your qualified dividends in investment income, you must reduce your qualified dividends that are eligible for the lower capital gains tax rates by the same amount. 2011 tax act online Choosing to include net capital gain. 2011 tax act online   Investment income generally does not include net capital gain from disposing of investment property (including capital gain distributions from mutual funds). 2011 tax act online However, you can choose to include all or part of your net capital gain in investment income. 2011 tax act online    You make this choice by completing Form 4952, line 4g, according to its instructions. 2011 tax act online   If you choose to include any amount of your net capital gain in investment income, you must reduce your net capital gain that is eligible for the lower capital gains tax rates by the same amount. 2011 tax act online    Before making either choice, consider the overall effect on your tax liability. 2011 tax act online Compare your tax if you make one or both of these choices with your tax if you do not. 2011 tax act online Investment income of child reported on parent's return. 2011 tax act online    Investment income includes the part of your child's interest and dividend income that you choose to report on your return. 2011 tax act online If the child does not have qualified dividends, Alaska Permanent Fund dividends, or capital gain distributions, this is the amount on line 6 of Form 8814, Parents' Election To Report Child's Interest and Dividends. 2011 tax act online Child's qualified dividends. 2011 tax act online   If part of the amount you report is your child's qualified dividends, that part (which is reported on Form 1040, line 9b) generally does not count as investment income. 2011 tax act online However, you can choose to include all or part of it in investment income, as explained under Choosing to include qualified dividends , earlier. 2011 tax act online   Your investment income also includes the amount on Form 8814, line 12 (or, if applicable, the reduced amount figured next under Child's Alaska Permanent Fund dividends). 2011 tax act online Child's Alaska Permanent Fund dividends. 2011 tax act online   If part of the amount you report is your child's Alaska Permanent Fund dividends, that part does not count as investment income. 2011 tax act online To figure the amount of your child's income that you can consider your investment income, start with the amount on Form 8814, line 6. 2011 tax act online Multiply that amount by a percentage that is equal to the Alaska Permanent Fund dividends divided by the total amount on Form 8814, line 4. 2011 tax act online Subtract the result from the amount on Form 8814, line 12. 2011 tax act online Child's capital gain distributions. 2011 tax act online    If part of the amount you report is your child's capital gain distributions, that part (which is reported on Schedule D, line 13, or Form 1040, line 13) generally does not count as investment income. 2011 tax act online However, you can choose to include all or part of it in investment income, as explained in Choosing to include net capital gain , earlier. 2011 tax act online   Your investment income also includes the amount on Form 8814, line 12 (or, if applicable, the reduced amount figured under Child's Alaska Permanent Fund dividends , earlier). 2011 tax act online Investment expenses. 2011 tax act online   Investment expenses are your allowed deductions (other than interest expense) directly connected with the production of investment income. 2011 tax act online Investment expenses that are included as a miscellaneous itemized deduction on Schedule A (Form 1040) are allowable deductions after applying the 2% limit that applies to miscellaneous itemized deductions. 2011 tax act online Use the smaller of: The investment expenses included on Schedule A (Form 1040), line 23, or The amount on Schedule A, line 27. 2011 tax act online Losses from passive activities. 2011 tax act online   Income or expenses that you used in computing income or loss from a passive activity are not included in determining your investment income or investment expenses (including investment interest expense). 2011 tax act online See Publication 925, Passive Activity and At-Risk Rules, for information about passive activities. 2011 tax act online Form 4952 Use Form 4952, Investment Interest Expense Deduction, to figure your deduction for investment interest. 2011 tax act online Exception to use of Form 4952. 2011 tax act online   You do not have to complete Form 4952 or attach it to your return if you meet all of the following tests. 2011 tax act online Your investment interest expense is not more than your investment income from interest and ordinary dividends minus any qualified dividends. 2011 tax act online You do not have any other deductible investment expenses. 2011 tax act online You have no carryover of investment interest expense from 2012. 2011 tax act online If you meet all of these tests, you can deduct all of your investment interest. 2011 tax act online More Information For more information on investment interest, see Interest Expenses in chapter 3 of Publication 550. 2011 tax act online Items You Cannot Deduct Some interest payments are not deductible. 2011 tax act online Certain expenses similar to interest also are not deductible. 2011 tax act online Nondeductible expenses include the following items. 2011 tax act online Personal interest (discussed later). 2011 tax act online Service charges (however, see Other Expenses (Line 23) in chapter 28). 2011 tax act online Annual fees for credit cards. 2011 tax act online Loan fees. 2011 tax act online Credit investigation fees. 2011 tax act online Interest to purchase or carry tax-exempt securities. 2011 tax act online Penalties. 2011 tax act online   You cannot deduct fines and penalties paid to a government for violations of law, regardless of their nature. 2011 tax act online Personal Interest Personal interest is not deductible. 2011 tax act online Personal interest is any interest that is not home mortgage interest, investment interest, business interest, or other deductible interest. 2011 tax act online It includes the following items. 2011 tax act online Interest on car loans (unless you use the car for business). 2011 tax act online Interest on federal, state, or local income tax. 2011 tax act online Finance charges on credit cards, retail installment contracts, and revolving charge accounts incurred for personal expenses. 2011 tax act online Late payment charges by a public utility. 2011 tax act online You may be able to deduct interest you pay on a qualified student loan. 2011 tax act online For details, see Publication 970, Tax Benefits for Education. 2011 tax act online Allocation of Interest If you use the proceeds of a loan for more than one purpose (for example, personal and business), you must allocate the interest on the loan to each use. 2011 tax act online However, you do not have to allocate home mortgage interest if it is fully deductible, regardless of how the funds are used. 2011 tax act online You allocate interest (other than fully deductible home mortgage interest) on a loan in the same way as the loan itself is allocated. 2011 tax act online You do this by tracing disbursements of the debt proceeds to specific uses. 2011 tax act online For details on how to do this, see chapter 4 of Publication 535. 2011 tax act online How To Report You must file Form 1040 to deduct any home mortgage interest expense on your tax return. 2011 tax act online Where you deduct your interest expense generally depends on how you use the loan proceeds. 2011 tax act online See Table 23-1 for a summary of where to deduct your interest expense. 2011 tax act online Home mortgage interest and points. 2011 tax act online   Deduct the home mortgage interest and points reported to you on Form 1098 on Schedule A (Form 1040), line 10. 2011 tax act online If you paid more deductible interest to the financial institution than the amount shown on Form 1098, show the larger deductible amount on line 10. 2011 tax act online Attach a statement explaining the difference and print “See attached” next to line 10. 2011 tax act online    Deduct home mortgage interest that was not reported to you on Form 1098 on Schedule A (Form 1040), line 11. 2011 tax act online If you paid home mortgage interest to the person from whom you bought your home, show that person's name, address, and taxpayer identification number (TIN) on the dotted lines next to line 11. 2011 tax act online The seller must give you this number and you must give the seller your TIN. 2011 tax act online A Form W-9, Request for Taxpayer Identification Number and Certification, can be used for this purpose. 2011 tax act online Failure to meet any of these requirements may result in a $50 penalty for each failure. 2011 tax act online The TIN can be either a social security number, an individual taxpayer identification number (issued by the Internal Revenue Service), or an employer identification number. 2011 tax act online See Social Security Number (SSN) in chapter 1 for more information about TINs. 2011 tax act online    If you can take a deduction for points that were not reported to you on Form 1098, deduct those points on Schedule A (Form 1040), line 12. 2011 tax act online   Deduct mortgage insurance premiums on Schedule A (Form 1040), line 13. 2011 tax act online More than one borrower. 2011 tax act online   If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest on a mortgage that was for your home, and the other person received a Form 1098 showing the interest that was paid during the year, attach a statement to your return explaining this. 2011 tax act online Show how much of the interest each of you paid, and give the name and address of the person who received the form. 2011 tax act online Deduct your share of the interest on Schedule A (Form 1040), line 11, and print “See attached” next to the line. 2011 tax act online Also, deduct your share of any qualified mortgage insurance premiums on Schedule A (Form 1040), line 13. 2011 tax act online   Similarly, if you are the payer of record on a mortgage on which there are other borrowers entitled to a deduction for the interest shown on the Form 1098 you received, deduct only your share of the interest on Schedule A (Form 1040), line 10. 2011 tax act online You should let each of the other borrowers know what his or her share is. 2011 tax act online Mortgage proceeds used for business or investment. 2011 tax act online    If your home mortgage interest deduction is limited, but all or part of the mortgage proceeds were used for business, investment, or other deductible activities, see Table 23-1. 2011 tax act online It shows where to deduct the part of your excess interest that is for those activities. 2011 tax act online Investment interest. 2011 tax act online    Deduct investment interest, subject to certain limits discussed in Publication 550, on Schedule A (Form 1040), line 14. 2011 tax act online Amortization of bond premium. 2011 tax act online   There are various ways to treat the premium you pay to buy taxable bonds. 2011 tax act online See Bond Premium Amortization in Publication 550. 2011 tax act online Income-producing rental or royalty interest. 2011 tax act online   Deduct interest on a loan for income-producing rental or royalty property that is not used in your business in Part I of Schedule E (Form 1040). 2011 tax act online Example. 2011 tax act online You rent out part of your home and borrow money to make repairs. 2011 tax act online You can deduct only the interest payment for the rented part in Part I of Schedule E (Form 1040). 2011 tax act online Deduct the rest of the interest payment on Schedule A (Form 1040) if it is deductible home mortgage interest. 2011 tax act online Table 23-1. 2011 tax act online Where To Deduct Your Interest Expense IF you have . 2011 tax act online . 2011 tax act online . 2011 tax act online THEN deduct it on . 2011 tax act online . 2011 tax act online . 2011 tax act online AND for more information go to . 2011 tax act online . 2011 tax act online . 2011 tax act online deductible student loan interest Form 1040, line 33, or Form 1040A, line 18 Publication 970. 2011 tax act online deductible home mortgage interest and points reported on Form 1098 Schedule A (Form 1040), line 10 Publication 936. 2011 tax act online deductible home mortgage interest not reported on Form 1098 Schedule A (Form 1040), line 11 Publication 936. 2011 tax act online deductible points not reported on Form 1098 Schedule A (Form 1040), line 12 Publication 936. 2011 tax act online deductible mortgage insurance premiums Schedule A (Form 1040), line 13 Publication 936. 2011 tax act online deductible investment interest (other than incurred to produce rents or royalties) Schedule A (Form 1040), line 14 Publication 550. 2011 tax act online deductible business interest (non-farm) Schedule C or C-EZ (Form 1040) Publication 535. 2011 tax act online deductible farm business interest Schedule F (Form 1040) Publications 225 and 535. 2011 tax act online deductible interest incurred to produce rents or royalties Schedule E (Form 1040) Publications 527 and 535. 2011 tax act online personal interest not deductible. 2011 tax act online Prev  Up  Next   Home   More Online Publications