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Jon Andrews
Jon Andrews, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 3118
Experience:  I deal with all levels of tax planning and controversy - from the ordinary to the complex.
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I brought a home in 2009 and the seller paid a temporary buydown

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I brought a home in 2009 and the seller paid a temporary buydown at closing for the first 12 months. This was listed on the HUD form line 810 as Temporary buydown paid to (Lender's name) for 3068.67. I received the form 1098 but the buydown was not included in box 2. However, the buydown was listed in the middle of the form under 2009 interest details. Below is how it looked:

Total interest applied 2009: 14,189.92
Less buydown/subsidy pmts: 2,641.10
2009 Interest from borrower: 11,548 (this is the same amount in box 1)

Can I deduct this buydown and if yes do i deduct the amount paid at closing or the subsidy applied for 2009? And where in the tax return do i include this amount. The remaining amount will be applied to first two months of 2010 since the I started making my mortgage payment on March 1st.

This should be included as "points paid" on your tax return. If given the opportunity by your software or on paper, you should classify it as "not reported on Form 1098". The full amount should be reported for 2009.



Customer: replied 6 years ago.

This was not include in the points paid Box 2 on my 1098 but in the interest detail section. When i spoke to my lender wells fargo they said they only include buyer paid points in that box. So i can still go ahead and deduct the entire 3068.67 on my tax return under points not reported as you stated above? I just want to make sure in case IRS comes back and audits me. Thanks for your help

It is true that the lender will not report the points in that manner. However, as the buyer, you (and the lender on your behalf) are the only person who brought any money to the table and, therefore, you paid the points even though they were deducted on the seller's column. This is fairly well established tax law.



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Customer: replied 6 years ago.
Thanks for your help. I will report the 3,068 on my tax return under points not reported on 1098.