Master Lenders Financial Blog

Mortgage Insurance is Tax Deductable
June 4th, 2008 12:03 PM

Mortgage Insurance is Tax Deductible


First and foremost, to absolutely clear, this is not tax advice and you should consult your tax professional for what items you may deduct from your income taxes.

The 'Tax Relief and Health Care Act of 2006' (H.R.6111 -- Public Law No: 109-432)1 became Public Law on December 20, 2006.  Located in Division A, Title IV, Section 419, it states:

"Treats mortgage insurance premiums paid for a personal residence as tax deductible mortgage interest. Reduces such deduction for taxpayers with adjusted gross incomes in excess of $100,000. Terminates such deduction after 2007."

The 'Mortgage Forgiveness Debt Relief Act of 2007' (H.R.3648 -- Public Law No: 110-142)2 became Public Law on December  20, 2007.  This states that the bill:

"Amends the Internal Revenue Code to exclude from gross income amounts attributable to a discharge, prior to January 1, 2010, of indebtedness incurred to acquire a principal residence.  Limits to $2 million the excludable amount of such indebtedness. Reduces the basis of a principal residence by the amount of discharged indebtedness excluded from gross income."

"Extends the tax deduction for mortgage insurance premiums through 2010."

Now, according to 'IRS Publication 936'3, under Part I, Mortgage Insurance Premiums, it states:
  • "if your adjusted gross income is more than $109,000 ($54,500 if married filing separately), you cannot deduct your mortgage insurance premiums.".
A slight discrepancy is noted in the 'IRS Mortgage Forgiveness Debt Relief Act FAQs'4 where it states:
  • "Does this provision apply for the 2007 tax year only?...It applies to qualified debt forgiven in 2007, 2008 or 2009.". 
This answer appears to be referring to the IRS not counting debt relief as income.  According to the Mortgage Forgiveness Debt Relief Act of 2007, the Debt Relief is extended to all discharge dates "prior to January 1, 2010" (December 31, 2009), whereas the MI Premium tax deduction is extended "through 2010" (December 31, 2010).  This may be attributed to the fact that these Relief Acts were geared mostly towards those folks receiving mortgage relief, which was previously considered income by the IRS.  This may be clarified later by the IRS, but that is a year and a half from now.

Again, this is not tax advice and you should consult your tax professional for your specific scenario.

Referenes

Library of Congress
1 - Tax Relief and Health Care Act of 2006 - http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR06111:@@@L&summ2=m&
2 - Mortgage Forgiveness Debt Relief Act of 2007 - http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR03648:@@@L&summ2=m&

IRS
3 - Publication 936 - http://www.irs.gov/publications/p936/ar02.html#d0e1576
4 - Mortgage Forgiveness Debt Relief Act FAQs - http://www.irs.gov/individuals/article/0,,id=179414,00.html
Other - Mortgage Workouts, Now Tax-Free for Many Homeowners; Claim Relief on Newly-Revised IRS Form - http://www.irs.gov/irs/article/0,,id=179073,00.html

Posted by Jan Paulsen on June 4th, 2008 12:03 PMPost a Comment (0)

No more Declining Markets
May 30th, 2008 12:42 PM

No more Declining Markets

Fannie Mae (FNMA) has announced plans to drop the “Declining Market” designation & its associated adjustments, in favor of a new nationwide maximum Loan to Value (LTV) of 95%. The FNMA announcement needs close reading but it does not say that FNMA is going to a 3% minimum down payment. Well, it says that, but what it means is that the intent is to flip back to “yester-world” and go back to 5% minimum down payment. For those programs and people who qualify for the 3% down payment, that would be available to them. The 3% down has historically been reserved for first time home buyers, mostly with income limitations (ceilings) and the like.

Death of the Second Mortgage

Now, to the real world. In the first week of May, several investors (lenders) made a move on their own to take the owner occupied, single family (Single Family Residence (SFR) – Planned Unit development (PUD) - Condominiums) to a straight 95% max LTV.  That was great news for today's home buyer, as it reduced the minimum down payment requirement from 10% to only 5%. Notice that this FNMA bulletin did not come out until a few weeks after that move. The mortgage world was already set to move to higher standards (more restrictive)  in the high LTV maximum that was going into affect June 1, 2008. This move is still in place and it centers around the Mortgage Insurance (MI) companies. Most, if not all MI companies are instituting increased MI costs for high LTVs as of June 1, 2008. Essentially, the price increase is about 0.15%. This would raise the monthly MI cost. In recent years, MI wasn't really a part of the mortgage landscape due to the use of seconds and HELOCs in so-called “combo” transactions. But, with seconds and HELOCs going by the wayside, MI is back and with it now being tax deductible (consult your tax professional for your scenario), the primary reason not to go the MI route vs. the "combo" loan no longer exists. The strongly believe this MI change will remain and will be implemented June 1, 2008.

What's Really Going On

I have polled several investors (large and small) on what they are doing in response to this new bulletin from FNMA. So far, there is not one single investor who has taken a stance to my knowledge. Predominantly, they say that they are taking a “wait and see” attitude. This is very similar to the stance at the beginning of the "Stimulus Package" announcement back a few months ago. As you recall, it took several weeks for all of that news to settle into place and show up on the mortgage main street.

So, whereas it is real that there are currently homes loans for 95% LTV, 1 unit, owner-occupied, purchase loans (mostly <=$417,000.00), this FNMA announcement is more for the purpose of leveling the playing field across the board to remove the declining market stigma.

I'll keep you up to date as I hear things.


Posted by Jan Paulsen on May 30th, 2008 12:42 PMPost a Comment (0)

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