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Updated over 6 years ago on .

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3
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Howard L.
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3
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delayed financing mortgage deduction under tax cuts and jobs act

Howard L.
Posted

According to my accountant, there is no longer an ability to deduct mortgage interest for a delayed financing mortgage (a mortgage for a primary or secondary home that is taken out within 90 days after the home is purchased) under the new tax laws.

I pointed him to IRS publication 936 to argue the contrary.  He responded that the IRS has not updated that publication under the new tax laws (which is true) and that in his view a delayed finance mortgage no longer falls under the definition of "acquisition debt".  

I think he is wrong.  A mortgage taken out within 90 days of a purchases is within the scope of acquisition debt, and thus the change in tax law does not eliminate the delayed finance mortgage interest deduction.  Even interest from a refinance falls within the scope of allowable deductions if the proceeds are used to improve the home.

Anyone care to throw in their two cents?  I am planning to buy a house with cash and want to have the option to subsequently take out a mortgage and get the deduction.   But if that is disallowed, i may need to get the mortgage at closing.

Thanks,

Howard