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March 22, 2024
Question

Can i claim HELOC loan used for improving primary residence this year when i inadvertently said 'no' to it last year?

  • March 22, 2024
  • 3 replies
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I took out a HELOC loan late in 2022 and for the 2022 tax year, i inadvertently said No to the question on if the amount of debt was used to buy, build or substantially improve the home. This year (2023) I actually did use the amount for home improvement and want to change my response to 'Yes' for usage for home improvements. Would it be okay to have said No last year and change it to Yes this year? Shiould i amend my returns for last year? if not, will there be audit questions?

3 replies

DawnC
Employee
March 22, 2024

You can claim qualified mortgage interest this year, whether you claimed it last year or not.   As long as you can show that you used the proceeds to buy, build, or substantially improve the home, an IRS inquiry would not be an issue.   See below for more information on this requirement.  

 

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

 

Some other conditions that must be met (there are more here😞

 

  • The loan or line of credit is secured (put up as collateral to protect the lender) by your main home or a second home.
  • The loan or line of credit must be used to buy, build, or substantially improve your home.  
  • You can only deduct the portion of the loan or line of credit you used to buy, build, or substantially improve the home that is used to secure the loan or line of credit.   If you’ve ever used part of this loan to pay for things other than this home, you cannot deduct the interest from that amount of the loan, even if the transaction didn’t take place this year.

From Pub 936 -  A mortgage secured by a qualified home may be treated as home acquisition debt, even if you don't actually use the proceeds to buy, build, or substantially improve the home. This applies in the following situations.

 

  1. You buy your home within 90 days before or after the date you take out the mortgage. The home acquisition debt is limited to the home's cost, plus the cost of any substantial improvements within the limit described below in (2) or (3). 
  2. You build or substantially improve your home and take out the mortgage before the work is completed.  The home acquisition debt is limited to the amount of the expenses incurred within 24 months before the date of the mortgage.
  3. You build or substantially improve your home and take out the mortgage within 90 days after the work is completed.  The home acquisition debt is limited to the amount of the expenses incurred within the period beginning 24 months before the work is completed and ending on the date of the mortgage.   Examples
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Sri16Author
March 25, 2024

Thank you - my confusion was - in the Pub (and in comment abve) it states that improvements are only qualifying if made within 24 months BEFORE out the loan or 90 days after. However, i ended spending the proceeds more than 6 months after taking out the loan.. is that okay?

March 25, 2024

No. Since you took the loan out before completing the improvement, the qualified expenses are limited to a 24 month period before taking out the loan. You cannot deduct the interest related to this expense as a mortgage interest deduction.

Employee
March 22, 2024

The IRS will not object if you change how the HELOC was used.  However, as pointed out, if you take out a loan on your home, improvements are only qualifying if made within 24 months of taking out the loan.  Improvements after that do not qualify as acquisition costs for the interest deduction, even if you used the loan for actual improvements. 

Sri16Author
March 25, 2024

Thank you - my confusion was - in the Pub (and in comment abve) it states that improvements are only qualifying if made within 24 months BEFORE out the loan or 90 days after. However, i ended spending the proceeds more than 6 months after taking out the loan.. is that okay?

March 23, 2024

If you have used some draws on the HELOC for things other than the Home that secures the debt, you may have a mixed-use mortgage. Let the community know if you need help figuring that out.