Deduct interest on my land loan?

rmcelwee

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We are living in a "paid for in cash" single wide mobile home until we start/complete our "big house". The mobile home ("little house") is sitting on my 30 acres that has a $135K land loan on it at 2.8% INT. 2024 will be one of the very rare years that we itemize our FED taxes. I have searched high and low and cannot find anything that says I can deduct the ~$3800 INT for the land loan. Can someone point me in the right direction? Google has not been very helpful.
 

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Is it listed as your homestead?

If it were me I would deduct as that is the loan that your 'house' is located.
 
We are living in a "paid for in cash" single wide mobile home until we start/complete our "big house". The mobile home ("little house") is sitting on my 30 acres that has a $135K land loan on it at 2.8% INT. 2024 will be one of the very rare years that we itemize our FED taxes. I have searched high and low and cannot find anything that says I can deduct the ~$3800 INT for the land loan. Can someone point me in the right direction? Google has not been very helpful.

One of the requirements to deduct loan interest as mortgage interest is that the debt is secured by the home. The way you describe it, your loan doesn't meet that requirement because you indicate that the home is paid off and the loan is against the land itself. Therefore, it is not deductible.

You can read the requirements in the Schedule A instructions for Line 8 at Instructions for Schedule A (2024) | Internal Revenue Service: "A home mortgage is any loan that is secured by your main home or second home, regardless of how the loan is labeled."
 
If the Mobile Home is attached to the property, the bank will keep your Home that's on the land should you forfeit on the loan....
 
One of the requirements to deduct loan interest as mortgage interest is that the debt is secured by the home. The way you describe it, your loan doesn't meet that requirement because you indicate that the home is paid off and the loan is against the land itself. Therefore, it is not deductible.

You can read the requirements in the Schedule A instructions for Line 8 at Instructions for Schedule A (2024) | Internal Revenue Service: "A home mortgage is any loan that is secured by your main home or second home, regardless of how the loan is labeled."
I think that "home" is broader than "house" and that "home" would include land and buildings. As long as the land and the mobile home are the OP's main home or second home the land interest should be deductible. It sounds to me like the "little house" is currently their main home since he indicates that they are living there. I would take the deduction while knowing that at some point that the IRS may come asking a question about it.

OP, do you expect to receive a Form 1098 from the lemder reporting to you and the IRS the amount of interest paid on the land loan?
 

Link above is very lengthy, but I think the pertinent part below is mortgage was taken out with intent to build...

Fully deductible interest.


In most cases, you can deduct all of your home mortgage interest. How much you can deduct depends on the date of the mortgage, the amount of the mortgage, and how you use the mortgage proceeds.


If all of your mortgages fit into one or more of the following three categories at all times during the year, you can deduct all of the interest on those mortgages. (If any one mortgage fits into more than one category, add the debt that fits in each category to your other debt in the same category.) If one or more of your mortgages doesn’t fit into any of these categories, use Part II of this publication to figure the amount of interest you can deduct.


The three categories are as follows.

  1. Mortgages you took out on or before October 13, 1987 (called grandfathered debt).
  2. Mortgages you (or your spouse if married filing a joint return) took out after October 13, 1987, and prior to December 16, 2017 (see binding contract exception below), to buy, build, or substantially improve your home (called home acquisition debt), but only if throughout 2024 these mortgages plus any grandfathered debt totaled $1 million or less ($500,000 or less if married filing separately).
    Exception. 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, is considered to have incurred the home acquisition debt prior to December 16, 2017.
  3. Mortgages you (or your spouse if married filing a joint return) took out after December 15, 2017, to buy, build, or substantially improve your home (called home acquisition debt) , but only if throughout 2024 these mortgages plus any grandfathered debt totaled $750,000 or less ($375,000 or less if married filing separately).
The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home.
 
OP, do you expect to receive a Form 1098 from the lemder reporting to you and the IRS the amount of interest paid on the land loan?

I'm not sure we get one, never really worried about it before. I might call them and see what they say.
 
If the Mobile Home is attached to the property, the bank will keep your Home that's on the land should you forfeit on the loan....
I'm not sure what "attached" means. If it means "sitting there", that doesn't sound legal. If it means "used to secure the loan" I can understand. I didn't use anything to secure the loan except for my good looks!


Edit: The land is collateral.
 
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  1. Mortgages you (or your spouse if married filing a joint return) took out after December 15, 2017, to buy, build, or substantially improve your home (called home acquisition debt) , but only if throughout 2024 these mortgages plus any grandfathered debt totaled $750,000 or less ($375,000 or less if married filing separately).
The dollar limits for the second and third categories apply to the combined mortgages on your main home and second home.

We paid for the mobile home in cash in 2021. I took a loan on the land in 2021 because I thought 2.8% was too good to pass up and I was short on cash. We will pay for the home construction ($1.5M??) in cash in 2025.
 
We paid for the mobile home in cash in 2021. I took a loan on the land in 2021 because I thought 2.8% was too good to pass up and I was short on cash. We will pay for the home construction ($1.5M??) in cash in 2025.
The dates and amounts are just related to caps on interest deductible limits in last tax code. In my humble SGOTI opinion you've met the spirit of the intent to build clause.
 
I'm not sure what "attached" means. If it means "sitting there", that doesn't sound legal. If it means "used to secure the loan" I can understand. I didn't use anything to secure the loan except for my good looks!
So is the land collateral for the loan or is it a personal loan? In order for the interest to be deductible the land needs to be collateral for the loan. From what you wrote it sounds like a personal loan was used to buy the land and if so, then not deductible as mortgage interest.
 
So is the land collateral for the loan or is it a personal loan? In order for the interest to be deductible the land needs to be collateral for the loan. From what you wrote it sounds like a personal loan was used to buy the land and if so, then not deductible as mortgage interest.
Sorry, did not mean to write it like that. The land is collateral.
 
I don't think this interest is deductible. Per the IRS, the "intent to build" is not sufficient. The actual building has to be underway and can't last more than 24 months.


Question
I have a mortgage for land that I intend to build a home on. Can I take the home mortgage interest deduction?
Answer
No, you can't deduct interest on land that you keep and intend to build a home on. However, some interest may be deductible once construction begins. 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's ready for occupancy. The 24-month period can start any time on or after the day construction begins. As a qualified home, the interest paid may qualify as deductible mortgage interest, with certain limitations.
 
I don't think this interest is deductible. Per the IRS, the "intent to build" is not sufficient. The actual building has to be underway and can't last more than 24 months.

I'm currently living on this land in my primary residence. I'm not trying to use my upcoming construction to justify the deduction. I asked here because all my searches went dry. I must be in a small minority (land loan with a paid off primary residence).
 
I'm currently living on this land in my primary residence. I'm not trying to use my upcoming construction to justify the deduction. I asked here because all my searches went dry. I must be in a small minority (land loan with a paid off primary residence).
Sorry, I was mostly responding to backpacker who said it was deductible because you had an intent to build. That's incorrect.

The main reason it's not deductible for you is that the mortgage is not secured by a qualified home, or by a home that's under construction, only by the land itself.
 
The main reason it's not deductible for you is that the mortgage is not secured by a qualified home, or by a home that's under construction, only by the land itself.
That seems silly to me, damn Gov't! I bought the land a month before I bought the little house so I would have a place to put it. If I had been reckless and purchased the little house without a place to put it I would have been golden. SMH...
 
... The main reason it's not deductible for you is that the mortgage is not secured by a qualified home, or by a home that's under construction, only by the land itself.
I respectfully disagree. I think that we're getting wrapped up on our underwear between land and buildings... they are collectively a "home".
You can deduct your home mortgage interest only if your mortgage is a secured debt. A secured debt is one in which you sign an instrument (such as a mortgage, deed of trust, or land contract) that:
  • Makes your ownership in a qualified home security for payment of the debt;
  • Provides, in case of default, that your home could satisfy the debt; and
  • Is recorded or is otherwise perfected under any state or local law that applies.

In other words, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. If you can't pay the debt, your home can then serve as payment to the lender to satisfy (pay) the debt. In this publication, mortgage will refer to secured debt.
The debt that the OP has is secured debt. In his case, the land that the mobile home that he lives in sits on could be used to satisfy the debt in the case of default. One question would be whether the loan is recorded with the county as collateral... if the loan were from a bank then let's presume that it is.
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, house trailer, boat, or similar property that has sleeping, cooking, and toilet facilities.
Above it says that a home "includes a ... mobile home... that has sleeping, cooking and toilet facilities". Since the OP is living there, that box is presumably checked.

In total, I think there is a reasonable basis for deducting.
 
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And then there is this from Perplexity (emphasis added):

I bought land with a loan secured by the land. I moved a mobile home onto the land and am living there as my principal residence. Is my interest on the loan secured by the land deductible?​


Answer
The interest on your loan secured by the land may be deductible as mortgage interest, but there are specific conditions that need to be met:
  1. The loan must be secured by your main home or a second home.
  2. The loan must be used to buy, build, or substantially improve your home.
  3. The loan amount must not exceed certain limits ($750,000 for loans taken out after December 15, 2017, or $1 million for loans taken out before that date).
In your case, since you are living in the mobile home on the land as your principal residence, the land and mobile home together are considered your main home. The loan is secured by the land, which is part of your main home, so this condition is met. However, to be fully deductible, the loan must have been used to purchase the land with the intent of placing your residence on it. If the loan was used solely to purchase the land without the immediate intent of using it as a residence, it might be considered an investment property loan, which has different tax implications. It's important to note that simply moving a mobile home onto the land after obtaining the loan may not automatically qualify the entire loan interest for the mortgage interest deduction. The IRS may scrutinize whether the loan was truly for acquiring or improving your residence. Given the complexity of your situation, it's highly recommended to consult with a tax professional or the IRS directly to determine the exact deductibility of your loan interest based on your specific circumstances.
 
I respectfully disagree. I think that we're getting wrapped up on our underwear between land and buildings... they are collectively a "home".

Yup, it's a home. But the loan is not mortgage debt; see next comment.

The debt that the OP has is secured debt. In his case, the land that the mobile home that he lives in sits on could be used to satisfy the debt in the case of default.

It could be, but it needn't be. That difference is why the IRS says that the loan must be secured by the home, and why I don't think it's deductible in this scenario.

One question would be whether the loan is recorded with the county as collateral... if the loan were from a bank then let's presume that it is.

Above it says that a home "includes a ... mobile home... that has sleeping, cooking and toilet facilities". Since the OP is living there, that box is presumably checked.

I agree the mobile home is a home. That's not the objection to deducting it.
 
^^^ That's nonsense. In one breath you say "Yup, it's a home" and agree that a home is the land and mobile home collectively. Then you say that "the IRS says that the loan must be secured by the home" and that in this case it isn't deductible. I guess that you are saying that the collateral must be BOTH the land and the building in order to be deductible? and that one or the other isn't good enough?

I think we would agree that if someone bought an existing mobile home and the land it sits on and financed it that the interest would be deductible, right?

Then what if you bought the land and mobile home in separate transactions, say one person owned the land and another owned the mobile home and you bought them and financed both, then I think we would agree that the interest would be deductible, right?

It's also well established that if you own a mobile home that is financed and the mobile home is collateral but sits on leased land that the interest is deductible, right?

But if you do the two separate transactions, but finance the land and pay cash for the mobile home then it isn't deductible? Doesn't make sense.

If I were the OP I would deduct it even if there is a little tax risk involved.
 
^^^ That's nonsense. In one breath you say "Yup, it's a home"

Yes, I said that.

and agree that a home is the land and mobile home collectively.

I misspoke a bit in my first sentence in my previous reply. When I said it's a home, I was meaning to comment on the fact that a mobile home is a home - anything with a toilet, kitchen, and bedroom can be a home, as you pointed out later. I didn't mean to say that the mobile home plus the land was a home. My apologies for the mistake and the resulting lack of clarity.

Then you say that "the IRS says that the loan must be secured by the home" and that in this case it isn't deductible. I guess that you are saying that the collateral must be BOTH the land and the building in order to be deductible?

Again, sorry for the confusion. The IRS requires the loan to be secured just by the home, not the land, although in most cases the two are tied together (like with a more typical home).

and that one or the other isn't good enough?

Just the home is necessary, not the land.

I think we would agree that if someone bought an existing mobile home and the land it sits on and financed it that the interest would be deductible, right?

If the loan was secured by the home, yes.

Then what if you bought the land and mobile home in separate transactions, say one person owned the land and another owned the mobile home and you bought them and financed both, then I think we would agree that the interest would be deductible, right?

Only the interest on the loan that was secured by the home.

It's also well established that if you own a mobile home that is financed and the mobile home is collateral but sits on leased land that the interest is deductible, right?

Yup. Because the loan is secured by the home.

But if you do the two separate transactions, but finance the land and pay cash for the mobile home then it isn't deductible? Doesn't make sense.

Tax laws are frequently convoluted and inconsistent, I agree.

If I were the OP I would deduct it even if there is a little tax risk involved.

The language in the Schedule A instructions for deducting mortgage interest is quite clear; I quoted it in my initial reply but will quote a bit more (same link to Schedule A instructions for line 8):

"A home mortgage is any loan that is secured by your main home or second home, regardless of how the loan is labeled. It includes first and second mortgages, home equity loans, and refinanced mortgages.

A home can be a house, condominium, cooperative, mobile home, boat, or similar property. It must provide basic living accommodations including sleeping space, toilet, and cooking facilities."

Given what OP wrote, I don't see how they can claim that the loan on the land is secured by the mobile home that sits on the land, because it simply isn't.

I do appreciate creative thoughts about how to interpret the tax rules and personally have no problem with taxpayers taking aggressive interpretations of tax law when they are unclear and the interpretation is reasonable. IMHO, the approach of tying the mobile home to the land in order to deduct the interest on the land loan goes too far for me to support. If OP came to the Tax Aide site where I volunteer and asked me to prepare their return in the way you describe, I would decline to prepare the return.
 
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I'm not sure what "attached" means. Edit: The land is collateral.
If the Trailer was legally placed with a permit, connected to utilities, inspected and recorded at the tax office as part of the property value.... Its definitely attached...
 
... Again, sorry for the confusion. The IRS requires the loan to be secured just by the home, not the land, although in most cases the two are tied together (like with a more typical home).

Just the home is necessary, not the land.

If the loan was secured by the home, yes.

Only the interest on the loan that was secured by the home.

Yup. Because the loan is secured by the home.

Tax laws are frequently convoluted and inconsistent, I agree.

The language in the Schedule A instructions for deducting mortgage interest is quite clear; I quoted it in my initial reply but will quote a bit more (same link to Schedule A instructions for line 8):

"A home mortgage is any loan that is secured by your main home or second home, regardless of how the loan is labeled. It includes first and second mortgages, home equity loans, and refinanced mortgages.

A home can be a house, condominium, cooperative, mobile home, boat, or similar property. It must provide basic living accommodations including sleeping space, toilet, and cooking facilities."

Given what OP wrote, I don't see how they can claim that the loan on the land is secured by the mobile home that sits on the land, because it simply isn't.

I do appreciate creative thoughts about how to interpret the tax rules and personally have no problem with taxpayers taking aggressive interpretations of tax law when they are unclear and the interpretation is reasonable. IMHO, the approach of tying the mobile home to the land in order to deduct the interest on the land loan goes too far for me to support. If OP came to the Tax Aide site where I volunteer and asked me to prepare their return in the way you describe, I would decline to prepare the return.
After further review of the literature, I concede the point. I think it falls into the tax laws are sometimes stupid category.

It doesn't at all make sense to me that if someone buys land with a loan secured by the land and then moves a mobile home onto the land and makes the mobile home their primary residence that the loan interest is not deductible, but that appears to be the case.

Yet if the person above asked the bank to include the mobile home in the collateral then the loan interest would magically become deductible.

Cie la vie.
 
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