- use the cash method
- have used the mortgage to purchase or build your main home
- have secured the mortgage loan with your main home
AND
- point charging is an established business practice in your area
- the deduction doesn't exceed the number of points usually charged in your area
- you didn't borrow the funds used to pay the points
- the settlement statement gives the amount of points paid for the closing
- the points are a percentage of the amount of the mortgage's principle
Alternatively, you may choose to amortize the points over the term of your mortgage. This choice is usually made only when your itemized deductions are less than the standard deduction for the year you bought the home.
Points paid to refinance a loan must be deducted over the term of the loan. If you deduct points over the term of the loan and sell the home or refinance it again before the loan expires, you can deduct in the year of the sale or refinancing any points that you didn't previously deduct.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.