Also known as:mortgage point · points · discount points · loan points
Written by attorneys · grounded in primary & secondary sources — see below
A loan processing fee paid by a mortgagor-borrower. The Internal Revenue Service treats points and processing fees paid by the borrower as deductible interest rather than nondeductible service fees.
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Cases
Model Codes
Restatements
How it applies
Common Examples
3
Borrower Deducts Points on Return
Melanie Morris pays three points when closing a home loan. On her federal income tax return she deducts the points as interest in the year paid. The deduction is allowed because the fee was paid by the borrower rather than a third party.
Seller-Paid Fees Denied as Interest
Meredith Maxwell buys a home. The seller pays points to the lender to secure favorable financing. The IRS classifies those payments as nondeductible service fees. Only fees paid directly by the borrower qualify for interest treatment.
Processing Fee Labeled as Points
Maria Morales pays a processing fee at closing that the lender calls points. Because the fee is paid by the borrower, the IRS allows the interest deduction regardless of the label used in the loan documents.
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Practice Questions5
Hornbooks
Common questions
Frequently Asked
3
Are mortgage points paid by the borrower deductible as interest?+
Yes. The IRS treats points and processing fees paid by the mortgagor-borrower as deductible interest.
Do seller-paid points qualify for the interest deduction?+
No. Fees paid by a seller to assist in securing the loan are treated as nondeductible service fees rather than interest.
Does the label on the fee affect deductibility?+
No. The IRS allows the deduction for points and processing fees paid by the borrower regardless of how the lender labels the charge.
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