Sample Housing Authority Sample Housing Authority 1111 American Highway Anytown, FL 23423 Re: Advisory and General Guidance on Allowable IRS Deductions To Housing Choice Voucher Homeowner Participants: Participants of the Homeownership option of the Housing Choice Voucher program need to take into account the U.S Department of Treasury and Internal Revenue Service (IRS) Mortgage Interest and Real Estate Tax deductions for the upcoming tax season. This letter is to advise and provide general guidance in how to calculate these deductions in accordance with the latest IRS opinion, if you are assisted by the Housing Choice Voucher program. Any specific questions should be directed to the Internal Revenue Service or a tax professional. The IRS is authorized to interpret and enforce the Internal Revenue Code of 1986. This includes opinions that impact the participants of assistance of the homeownership option of the Housing Choice Voucher program and how much may be deducted for Mortgage Interest and Real Estate Taxes that have been paid on purchased homes. The IRS letter dated the 28th of August 2001 advises participants of the homeownership option of the Housing Choice Voucher program that they will probably not be able to deduct the full amount of Mortgage Interest and Real Estate Taxes due to the IRS opinion that the assistance is general welfare and is not to be included in income. The IRS letter is implicit that families may deduct a portion of Mortgage Interest and Real Estate Taxes. This is only to act as an advisory letter and has no binding effect on the IRS. The calculations below are act as illustrations and any specific questions should be presented to the IRS or tax professionals: Example # 1 For example if a homeowner’s monthly expenses (see note below) are $1,200 and the Housing Assistance Payment (HAP) is $300. This would result in an annual homeowner’s expense of $14,400 and annual HAP of $3,600 for a Family Share Homeownership Expense of $10,800. This allows the homeowner to deduct 75% of the Annual Mortgage Interest and Real Estate Taxes. If the Annual Mortgage Interest was $6,000 reported by the lender, then the family could only deduct $4,500 if itemizing this deduction. If the real estate property tax reported by the lender was $2,000, then the family could only deduct $1,500 if itemizing this deduction. pg. 1 Sample Housing Authority Calculations for Interest and real estate taxes if itemizing this deduction Step # 1 Calculate the Annual Homeownership Expenses Monthly Homeownership Expense (MHE) $1,200 X (times) months in a year 12 months = (equals) Annual Homeownership Expense (AHE) $14,400 Step # 2 Calculate Housing Assistance Payments (HAP) for the Same Period January HAP = $300 February HAP = $300 March HAP = $300 April HAP = $300 May HAP = $300 June HAP = $300 July HAP = $300 August HAP= $300 September HAP = $300 October HAP = $300 November HAP = $300 December HAP = $300 Sum Total of Annual HAPs (AHAP) = $3,600 Step # 3 Calculate the Family Share of Homeownership Expense Annual Homeownership Expenses $14,440 - (minus) Annual HAPs ($ 3,600) pg. 2 Sample Housing Authority = (equals) Family Share Homeownership Expense $ 10,800 Step #4 Calculate the percent allowable for deduction Family Share Homeownership Expense $10,800 ÷ (divided by) Annual Homeownership Expense $14,400 = (equals) the percent allowable for deduction .75 .75 or 75% will be the percentage of Annual Mortgage Interest and Real Estate Taxes allowed for deduction. Step #5 Calculate the allowable itemized deduction for interest Annual Interest Paid on the Mortgage $6,000 X (Times) percent allowable for deduction .75 = (equals) allowable deduction for interest $4,500 Step #6 Calculate the allowable itemized deduction for property taxes Annual Property Taxes on the home $2,000 X (Times) percent allowable for deduction .75 = (equals) allowable deduction for property Tax $1,500 pg. 3 Sample Housing Authority Example #2 Note that an increase or decrease in HAP after recertification due to an increase or decrease of income will need to be accounted for. Taking the example above with a monthly homeownership expense of $1,200 and HAP of $300, then the effective recertification date of July shows an income increase, which decreases the HAP to $100. This would make an Annual Homeownership Expense of $14,400 and the Annual HAP of $2,400 which makes the Family Share Homeownership Expense of $12,000. This would allow for a deduction of 83.3% of the Annual Mortgage Interest and Real Estate Taxes. If the Annual Mortgage Interest was $6,000 reported by the lender, then the family could then deduct $4,998 if itemizing this deduction. If the real estate property tax reported by the lender was $2,000, then the family could only deduct $1,666 if itemizing this deduction. Step # 1 Monthly Homeownership Expense (MHE) $1,200 X (times) Months in a year 12 months = (equals) Annual Homeownership Expense (AHE) $14,400 Step # 2 Housing Assistance Payments (HAP) for the Same Period January HAP = $300 February HAP = $300 March HAP = $300 April HAP = $300 May HAP = $300 June HAP = $300 July HAP = $100 August HAP= $100 September HAP = $100 October HAP = $100 November HAP = $100 December HAP = $100 Sum Total of Annual HAPs (AHAP) = $2,400 pg. 4 Sample Housing Authority Step # 3 Annual Homeownership Expenses $14,400 - (minus) Annual HAPs ($ 2,400) = (equals) Family Share Homeownership Expense $ 12,000 Step #4 Family Share Homeownership Expense $12,000 ÷ (divided by) Annual Homeownership Expense $14,400 = (equals) the percent allowable for deduction .833 .833 or 83.3% will be the percentage of Annual Mortgage Interest and Real Estate Taxes allowed for deduction. Step #5 Calculate the allowable itemized deduction for interest Annual Interest Paid on the Mortgage $6,000 X (Times) percent allowable for deduction .833 = (equals) allowable deduction for interest $4,998 Step #6 Calculate the allowable itemized deduction for property taxes Annual Property Taxes on the home $2,000 X (Times) percent allowable for deduction .833 = (equals) allowable deduction for property Tax $1,666 pg. 5 Sample Housing Authority Note: Monthly homeownership expenses are not simply the monthly mortgage payments (PITI) Monthly homeownership expenses include the principal and interest on initial mortgage debt, any refinancing or such debt and mortgage insurance premium incurred to finance purchase of the home; real estate taxes and public assessments on the home; home insurance; PHA allowance for maintenance expenses; PHA allowance for cost of major repairs and replacements; PHA utility allowance for the home; principal and interest on mortgage debt incurred to finance costs for major repairs, replacements, or improvements for the home (which may include debt incurred by the family needed to make the home accessible for a family member with disabilities if the PHA determines allowances of such cost is needed as a reasonable accommodation); and land lease payments (where a family does not own fee title to the real property on which the home is located in accordance with the requirements of §982.628(b)). See 24 CFR 928.635(c) These are basic illustrations of Mortgage Interest and Real Estate Tax deduction calculations. If you should have questions concerning your deductions contact the IRS or a tax professional. Sincerely, Sample Housing Authority pg. 6 Sample Housing Authority Homeownership Mortgage Interest and Real Estate Tax Deductibility Worksheet Calculations for Interest and real estate taxes if itemizing this deduction Step # 1 Calculate the Annual Homeownership Expenses Monthly Homeownership Expense (MHE) $_______ X (times) months in a year 12 months = (equals) Annual Homeownership Expense (AHE) $_______ Step # 2 Calculate Housing Assistance Payments (HAP) for the Same Period January HAP = $___ February HAP = $___ March HAP = $___ April HAP = $___ May HAP = $___ June HAP = $___ July HAP = $___ August HAP= $___ September HAP = $___ October HAP = $___ November HAP = $___ December HAP = $___ Sum Total of Annual HAPs (AHAP) = $______ Step # 3 Calculate the Family Share of Homeownership Expense Annual Homeownership Expenses $_______ - (minus) Annual HAPs (_______) = (equals) Family Share Homeownership Expense $ _______ pg. 7 Sample Housing Authority Step #4 Calculate the percent allowable for deduction Family Share Homeownership Expense $_______ ÷ (divided by) Annual Homeownership Expense $_______ = (equals) the percent allowable for deduction .___ .75 or 75% will be the percentage of Annual Mortgage Interest and Real Estate Taxes allowed for deduction. Step #5 Calculate the allowable itemized deduction for interest Annual Interest Paid on the Mortgage $______ X (Times) percent allowable for deduction .____ = (equals) allowable deduction for interest $______ Step #6 Calculate the allowable itemized deduction for property taxes Annual Property Taxes on the home $________ X (Times) percent allowable for deduction .____ = (equals) allowable deduction for property Tax $________ *MHE number is an estimate based on the previous year’s initial certification or recertification. The actual MHE number must be calculated by you or your tax professional. Monthly homeownership expenses (MHE) are not simply the monthly mortgage payments (PITI) Monthly homeownership expenses include the principal and interest on initial mortgage debt, any refinancing or such debt and mortgage insurance premium incurred to finance purchase of the home; real estate taxes and public assessments on the home; home insurance; PHA allowance for maintenance expenses; PHA allowance for cost of major repairs and replacements; PHA utility allowance for the pg. 8 Sample Housing Authority home; principal and interest on mortgage debt incurred to finance costs for major repairs, replacements, or improvements for the home (which may include debt incurred by the family needed to make the home accessible for a family member with disabilities if the PHA determines allowances of such cost is needed as a reasonable accommodation); and land lease payments (where a family does not own fee title to the real property on which the home is located in accordance with the requirements of §982.628(b)). See 24 CFR 928.635(c) pg. 9