§143.Limitation on deduction for qualified residence interest
This section limits the deduction for qualified residence interest by revising the home mortgage interest rules under 26 U.S.C. § 163(h)(3). It replaces the current reference to interest on home equity indebtedness with a rule allowing a deduction only for interest on acquisition indebtedness secured by a qualified residence of the taxpayer.
This section lowers the maximum amount of acquisition indebtedness eligible for the deduction to $750,000 ($375,000 for a married individual filing separately) from $1,000,000 ($500,000 for a married individual filing separately), while preserving separate treatment for pre-December 15, 2017, indebtedness. As background, the qualified residence interest deduction allows taxpayers to deduct interest on certain home loans; thus, the amendment reduces the principal amount of newer home mortgage debt that can generate deductible interest.
This section also revises the grandfather rule for indebtedness incurred on or before December 15, 2017, by providing that such pre-December 15, 2017, indebtedness is not subject to the new $750,000 limit and may be treated as acquisition indebtedness up to $1,000,000 ($500,000 for a married individual filing separately), reduced by any outstanding pre-October 13, 1987, indebtedness. It defines pre-December 15, 2017, indebtedness as debt incurred on or before December 15, 2017, other than pre-October 13, 1987, indebtedness, and includes a binding written contract exception for taxpayers who contracted before December 15, 2017, to buy a principal residence before January 1, 2018, and purchased it before April 1, 2018. It also provides that refinancing debt is treated as incurred on the date of the original debt to the extent the refinancing does not exceed the refinanced amount, but only until the original term ends or, if the original debt was not amortized, until the first refinancing term ends or 30 years after that first refinancing, whichever is earlier.
This section makes conforming changes to the coordination rules for pre-October 13, 1987, indebtedness and to the exclusion from income for discharge of indebtedness under 26 U.S.C. § 108(h)(2), substituting the new $750,000 ($375,000) limit for the prior $1,000,000 ($500,000) limit. It also strikes a now-obsolete conforming provision in 26 U.S.C. § 163(h)(3)(F).
This section applies these amendments to taxable years beginning after the date of enactment.