If you bought your home, you probably paid settlement or closing costs in addition to the contract price. These costs are divided between you and the seller according to the sales contract, local custom, or understanding of the parties. If you built your home, you probably paid these costs when you bought the land or settled on your mortgage.

The only settlement or closing costs you can deduct are home mortgage interest, points that represent interest and certain real estate taxes. You may, deduct them in the year you buy your home if you itemize your deductions. Real estate taxes are usually divided so that you and the seller each pay taxes for the part of the property tax year that each owned the home.

You add certain other settlement or closing costs to the basis of your home. You include in your basis the settlement fees and closing costs that are for buying your home. A fee is for buying the home if you would have had to pay it even if you paid cash for the home

There are some settlement or closing costs that you cannot deduct or add to the basis of your home. These include fees and costs that are for getting a mortgage loan. For more information refer to Publication 530, Tax Information for First Time-Homeowners, and Publication 936, Home Mortgage Interest Deduction.

References:

• Publication 530, Tax information for First-Time Homeowners
• Publication 936, Home Mortgage Interest Deduction

Unless you have begun construction of a home on the bare land that you can occupy within 24 months, the land would be considered an investment and the interest you paid on the second mortgage would not qualify as deductible mortgage interest. However, it would constitute investment interest if you itemize your deductions. For more information, refer to Publication 550, Investment Income and Expenses, and Publication 936, Home Mortgage Interest Deduction.

References:

• Publication 550, Investment Income and Expenses
• Tax Topic 505, Interest expense

Generally, you can deduct only taxes that are imposed on you. You cannot deduct the property taxes unless you are the legal owner of the property, nor the mortgage interest unless you are legally liable for the loan. Your mother cannot deduct the mortgage interest either because she did not make the payments. For more information, refer to Publication 936, Home Mortgage Interest Deduction; Publication 17, Your Federal Income Tax for Individuals; and Tax Topic 505, Interest Expenses; and Tax Topic 503, Deductible Taxes.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense
• Tax Topic 503, Deductible Taxes
• Publication 17, Your Federal Income Tax for Individuals

In order for both of you to claim one-half of the interest deduction, both of you must be legally liable for the loan. Since only your daughter is legally liable for the loan, only she can deduct the interest she paid. Since both of you are legal owners of the property, both of you may deduct one-half of the real estate taxes paid during the year. For more information, refer to Publication 936, Home Mortgage Interest Deduction; Publication 17, Your Federal Income Tax for Individuals; Publication 530, Tax Information for First Time Homeowners; Tax Topic 505, Interest Expense; and Tax Topic 503, Deductible Taxes.

References:

• Publication 936, Home Mortgage Interest Deduction
• Publication 17, Your Federal Income Tax for Individuals
• Publication 530, Tax Information for First-Time Homeowners
• Tax Topic 505, Interest Expense
• Tax Topic 503, Deductible Taxes

You may deduct Home Equity Debt Interest, as an itemized deduction, if you are legally liable to pay the interest, pay the interest in the tax year, secure the debt with your home, and do not exceed your Home Equity Debt Limit. For more information, refer to Publication 936, Home Mortgage Interest; and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

Generally points paid to refinance your home are not deductible in their entirety in the year paid. They are "amortized" or deducted over the life of the loan. For more information, refer to Publication 936 , Home Mortgage Interest Deduction, and Tax Topic 504, Home Mortgage Points.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 504, Home Mortgage Points

Generally, the interest paid on the loan incurred for purchasing a lot is not deductible as mortgage interest.

If you are planning to build a house, you can start deducting mortgage interest once construction begins. The following is from Publication 936, Home Mortgage Interest Deduction:

You can treat a home under construction as a qualified home for a period of up to 24 months, but only if it becomes your qualified home at the time it is ready for occupancy. The 24-month period can start any time on or after the day construction begins. For more information, refer to Publication 936, Home Mortgage Interest Deduction; and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expenses

Interest on the mortgage secured by bare land is not, generally, deductible as mortgage interest. In order for interest to be deductible as home mortgage interest, the loan must be secured by a qualified residence. A qualified residence is your principal residence or one other residence selected by you that you use as a residence.

Once you start construction of your home, you may treat the home under construction as a qualified residence for a period of up to 24 months, but only if the home becomes a qualified residence at the time it is ready for occupancy. For more information, refer to Publication 936, Home Mortgage Interest Deduction; and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

You can treat a home under construction as a home qualifying for the home interest deduction for a period of up to 24 months, but only if it becomes your qualified home at the time it is ready for occupancy. For more information, refer to Publication 936, Home Mortgage Interest Deduction; and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

All three loans may have some deductible interest. Generally, the interest paid on a financed lot is not deductible as mortgage interest. There might be a deduction for investment interest until construction of the home begins. Once construction begins, you can, deduct mortgage interest on the construction loan for up to 24 months. Once the home has been completed and occupied by you, and the two existing loans have been refinanced, you may deduct the interest from the new mortgage. For more information, refer to Publication 936, Home Mortgage Interest Deduction; Tax Topic 505, Interest Expense; and Publication 550, Investment Income and Expenses.

References:

• Publication 936, Home Mortgage Interest Deduction
• Publication 550, Investment Income and Expenses
• Tax Topic 505, Interest Expense

Until you started construction, the interest on the loan to purchase the lot was not deductible as mortgage interest. Once you started construction on the property, it became deductible as home mortgage interest provided that the loan was secured by the house, and all other conditions for deductibility of home mortgage interest were met. For more information, refer to Publication 936, Home Mortgage Interest Deduction and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

A loan taken out for reasons other than to buy, build, or substantially improve your home, such as to pay off personal debts may qualify as home equity debt. The interest would be deducted on line 10, Form 1040, Schedule A (PDF), Itemized Deductions. You may not deduct interest on any amount of home equity debt that exceeds your Home Equity Debt Limit. For more information, refer to Publication 936, Home Mortgage Interest Deduction; and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

The interest you pay on money you borrow from 401(K) plan to buy a home is not deductible as mortgage interest, because the loan is not secured by the home. The mortgage must be a secured debt on a qualified home. Your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. The term "qualified home" means your main home or second home. For details, refer to Publication 936 , Home Mortgage Interest Deduction and Tax Topic 505, Interest Expense.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

The mortgage interest on a second home which you use as a residence for some portion of the taxable year, is generally deductible if the interest satisfies the same requirements for deductibility as interest on a primary residence. Real estate taxes paid on your primary and second residence are, generally, deductible. Deductible real estate taxes include any state, local, or foreign taxes on real property levied for the general public welfare. Deductible real estate taxes do not include taxes charged for local benefits and improvements that increase the value of the property. For more information, refer to Publication 17, Your Federal Income Tax for Individuals; Tax Topic 503, Deductible Taxes; and Publication 530, Tax Information for First-Time Home Buyers.

References:

• Publication 936, Home Mortgage Interest Deduction
• Publication 530, Tax Information for First-Time Homeowners
• Publication 17, Your Federal Income Tax for Individuals
• Tax Topic 503, Deductible Taxes
• Tax Topic 505, Interest Expense

You can deduct the interest paid on the loan you took out to purchase the trailer as acquisition indebtedness interest only if the loan is secured by the trailer and the trailer meets the requirements of a qualified home. A qualified home includes a house, condominium, cooperative, mobile home, boat or similar property that has sleeping, cooking and toilet facilities. You can only have one principal residence and one qualified second home. Regardless of whether the trailer qualifies as a home, interest on home equity indebtedness secured by another qualified home and used to acquire the trailer may also be deductible. The interest is deducted as mortgage interest on line 11 of Form 1040, Schedule A (PDF), Itemized Deductions.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

For you to take a home mortgage interest deduction, your debt must be secured by a qualified home. This means your main home or your second home. A home includes a house, condominium, cooperative, mobile home, boat, or similar property that has sleeping, cooking, and toilet facilities.

The mortgage interest on a manufactured home may be deducted if the home is on a rented lot. If you buy a lot and place a manufactured home on it, the interest paid for the lot is also qualifying home mortgage interest, provided the mortgage is secured by the house.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 505, Interest Expense

Deductible fees are limited to home mortgage interest and certain real estate taxes. Points that represent interest on a refinancing are amortized over the life of the loan.

Fees that are not associated with the acquisition of a loan may only have effect on the basis of the home. An example would be a transfer tax that would be charged regardless of whether a loan was involved.

Fees related to the acquisition of a loan are not deductible and are not basis adjustments. A credit report fee is a good example.

For more information, refer to Publication 936, Home Mortgage Interest Deduction ; Tax Topic 504, Home Mortgage Points; and Publication 551, Basis of Assets .

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 504, Home Mortgage Points
• Publication 551, Basis of Assets

Points that represent interest paid for a refinanced mortgage have to be amortized over the life of the loan. Points charged for specific services, such as preparation costs for a mortgage note, appraisal fees, or notary fees are not interest and cannot be deducted. It is possible to deduct a larger percentage of the points in the first year if a portion of the mortgage proceeds is used to improve the home and sufficient cash is added to the transaction to be equal to or greater than the amount of the points. Certain other restrictions apply. For more information, refer to Publication 936, Home Mortgage Interest Deduction; and Tax Topic 504, Home Mortgage Points.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 504, Home Mortgage Points

You need to divide the points by the number of payments over the term of the loan and deduct points for a year according to the number of payments made in the year. If the loan ends prematurely, due to payoff or refinance, for example, then the remaining points are deducted in that year. Points not included in Form 1098 (PDF) (usually not included on a refinance) should be entered on line 12 of Form 1040, Schedule A (PDF), Itemized Deductions. For more information, refer to Publication 936, Home Mortgage Interest Deduction; and Tax Topic 504, Home Mortgage Points.

References:

• Publication 936, Home Mortgage Interest Deduction
• Tax Topic 504, Home Mortgage Points
• Form 1040, Schedule A (PDF), Itemized Deductions