With tax reform, as tax preparers we expected that home equity loan interest was no longer going to be deductible after Congress passed the Tax Cuts and Jobs Act of 2017 that became law on December 22, 2018.
However, the IRS has advised taxpayers and taxpayers that they will look at what the home equity loan is being used for.
Is it being used for home improvements, purchase a home, remodeling, adding an addition on to the home. If so, the IRS said the interest for the home equity loan and home equity line of credit will still be deductible on schedule A.
If the home equity loan is being used to pay personal expenses, go to college, purchase a vehicle, then the interest for the home equity loan and the home equity line of credit will be deductible.
Of course, the deductibility of the home equity loan and the home equity line of credit is still limited to amount of the mortgage / loan. For most loans that closed after December 14, 2018, the mortgage limitation was $750,000. For loans that closed before December 14, 2018, the mortgage limitation was $1.1 million ($1 million mortgage and $100,000 home equity loan or home equity line of credit).
The IRS also provided insight and advice on how the mortgage for mortgage and home equity loans were secured by property to determine interest deductibility.
IRS provided three examples on their website to determine whether the home equity loan (home equity line of credit) was deductible. (Source: https://www.irs.gov/newsroom/interest-on-home-equity-loans-often-still-deductible-under-new-law)
Example 1: In January 2018, a taxpayer takes out a $500,000 mortgage to purchase a main home with a fair market value of $800,000. In February 2018, the taxpayer takes out a $250,000 home equity loan to put an addition on the main home. Both loans are secured by the main home and the total does not exceed the cost of the home. Because the total amount of both loans does not exceed $750,000, all of the interest paid on the loans is deductible. However, if the taxpayer used the home equity loan proceeds for personal expenses, such as paying off student loans and credit cards, then the interest on the home equity loan would not be deductible.
Example 2: In January 2018, a taxpayer takes out a $500,000 mortgage to purchase a main home. The loan is secured by the main home. In February 2018, the taxpayer takes out a $250,000 loan to purchase a vacation home. The loan is secured by the vacation home. Because the total amount of both mortgages does not exceed $750,000, all of the interest paid on both mortgages is deductible. However, if the taxpayer took out a $250,000 home equity loan on the main home to purchase the vacation home, then the interest on the home equity loan would not be deductible.
Example 3: In January 2018, a taxpayer takes out a $500,000 mortgage to purchase a main home. The loan is secured by the main home. In February 2018, the taxpayer takes out a $500,000 loan to purchase a vacation home. The loan is secured by the vacation home. Because the total amount of both mortgages exceeds $750,000, not all of the interest paid on the mortgages is deductible. A percentage of the total interest paid is deductible (see Publication 936).