home equity indebtedness

(3) Qualified residence interest For purposes of this subsection— (A) In general The term “qualified residence interest” means any interest which is paid or accrued during the taxable year on— (i) acquisition indebtedness with respect to any qualified residence of the taxpayer, or (ii) home equity indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued. (B) Acquisition indebtedness (i) In general The term “acquisition indebtedness” means any indebtedness which— (I) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and (II) is secured by such residence. Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence); but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (ii) $1,000,000 limitation The aggregate amount treated as acquisition indebtedness for any period shall not exceed $1,000,000 ($500,000 in the case of a married individual filing a separate return). (C) Home equity indebtedness (i) In general The term “home equity indebtedness” means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed— (I) the fair market value of such qualified residence, reduced by (II) the amount of acquisition indebtedness with respect to such residence. (ii) Limitation The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a separate return by a married individual). (D) Treatment of indebtedness incurred on or before October 13, 1987 (i) In general In the case of any pre- October 13, 1987 , indebtedness— (I) such indebtedness shall be treated as acquisition indebtedness, and (II) the limitation of subparagraph (B)(ii) shall not apply. (ii) Reduction in $1,000,000 limitation The limitation of subparagraph (B)(ii) shall be reduced (but not below zero) by the aggregate amount of outstanding pre- October 13, 1987 , indebtedness. (iii) Pre- October 13, 1987 , indebtedness The term “pre- October 13, 1987 , indebtedness” means— (I) any indebtedness which was incurred on or before October 13, 1987 , and which was secured by a qualified residence on October 13, 1987 , and at all times thereafter before the interest is paid or accrued, or (II) any indebtedness which is secured by the qualified residence and was incurred after October 13, 1987 , to refinance indebtedness described in subclause (I) (or refinanced indebtedness meeting the requirements of this subclause) to the extent (immediately after the refinancing) the principal amount of the indebtedness resulting from the refinancing does not exceed the principal amount of the refinanced indebtedness (immediately before the refinancing). (iv) Limitation on period of refinancing Subclause (II) of clause (iii) shall not apply to any indebtedness after— (I) the expiration of the term of the indebtedness described in clause (iii)(I), or (II) if the principal of the indebtedness described in clause (iii)(I) is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing). (E) Mortgage insurance premiums treated as interest (i) In general Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this section as interest which is qualified residence interest. (ii) Phaseout The amount otherwise treated as interest under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer’s adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return). (iii) Limitation Clause (i) shall not apply with respect to any mortgage insurance contracts issued before January 1, 2007 . (iv) Termination Clause (i) shall not apply to amounts— (I) paid or accrued after December 31, 2020 , or (II) properly allocable to any period after such date. (F) Special rules for taxable years 2018 through 2025 (i) In general In the case of taxable years beginning after December 31, 2017 , and before January 1, 2026 — (I) Disallowance of home equity indebtedness interest Subparagraph (A)(ii) shall not apply. (II) Limitation on acquisition indebtedness Subparagraph (B)(ii) shall be applied by substituting “$750,000 ($375,000” for “$1,000,000 ($500,000”. (III) Treatment of indebtedness incurred on or before December 15, 2017 Subclause (II) shall not apply to any indebtedness incurred on or before December 15, 2017 , and, in applying such subclause to any indebtedness incurred after such date, the limitation under such subclause shall be reduced (but not below zero) by the amount of any indebtedness incurred on or before December 15, 2017 , which is treated as acquisition indebtedness for purposes of this subsection for the taxable year. (IV) Binding contract exception In the case of a taxpayer who enters into a written binding contract before December 15, 2017 , to close on the purchase of a principal residence before January 1, 2018 , and who purchases such residence before April 1, 2018 , subclause (III) shall be applied by substituting “ April 1, 2018 ” for “ December 15, 2017 ”. (ii) Treatment of limitation in taxable years after December 31, 2025 In the case of taxable years beginning after December 31, 2025 , the limitation under subparagraph (B)(ii) shall be applied to the aggregate amount of indebtedness of the taxpayer described in subparagraph (B)(i) without regard to the taxable year in which the indebtedness was incurred. (iii) Treatment of refinancings of indebtedness (I) In general In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of clause (i)(III) as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (II) Limitation on period of refinancing Subclause (I) shall not apply to any indebtedness after the expiration of the term of the original indebtedness or, if the principal of such original indebtedness is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing). (iv) Coordination with exclusion of income from discharge of indebtedness Section 108(h)(2) shall be applied without regard to this subparagraph.

Source

26 USC § 163(h)(3)


Scoping language

For purposes of this subsection
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