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Two years ago, I refinanced my orginal mortgage into home equity loan. Its balance is $81,000 right now. My house values around $650000. I plan to apply a cash out refinance mortgage about $200,000 to pay life insurance premiums spreading out 5 years. For last 12 years, I believe I have invested about $100,000 to upgrade my house.
To complian with section 264 and 163 of IRS code, How can I do to make all my mortgage interest deductable?

Submitted: 1126 days and 13 hours ago.
Category: Tax
Value: $15
Status: AWAITING CUSTOMER ACTION
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parsippany, New Jersey

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read some investment book.

Answer

Interest on "qualified home equity debt"is deductible. I.R.C. [sec] 163(h)(1), (3)(A). To be "qualified home equity debt", the debt must be secured by a qualified residence of the taxpayer and not exceed the home's value. I.R.C. [sec] 163(h)(3)(C). A qualified residence includes the taxpayer's principal residence and one other residence, such as a vacation home used for more than 14 days or 10 percent of the time that the home is rented out, whichever is greater. I.R.C. [sec] 163(h)(4)(A)(i). Total home equity debt may not exceed $100,000 ($50,000 if married filing separately). I.R.C. [sec] 163(h)(3)(C).

If a home equity loan exceeds the above limits, then the interest allocable to the excess debt will follow the "interest tracing rules." Under these rules, whether the interest (related to the excess debt) will be deductible will depend on the use of the proceeds - whether for personal expenditures, such as to pay off credit cards, or for investment purposes, or for a business.take home equity loan of upto $100,000. I would suggest you to refinance the mortgage loan secured by your house and pay off the home equity loan and house upgrade expenses.

And than use the home equity loan to pay for the insurance premiums.

Let me know if you have any question. Bonus and Feedback will be highly appreciated!!!

 

XXXX@XXXXXXX.XXX

 

Please note: This advice is provided with the understanding that all the relevant facts have been provided by you. Any change in facts might affect the advice given and hence may not be relied on in such cases.

 

 

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Expert: RD
Pos. Feedback: 99.4 %
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Answered: 10/23/2006

Certified Public Accountant (CPA)

CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..

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