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Understanding Reverse Mortgages: A Tax and Financial Perspective

Reverse mortgages are a unique financial tool, predominantly available to homeowners aged 62 or above, allowing them to convert a portion of their home equity into cash. Unlike traditional mortgages where payments are made to the lender, in reverse mortgages, the lender disburses funds to the homeowner. This payment can be structured as a lump sum, regular monthly amounts, or as a line of credit.

For a reverse mortgage to be effectively implemented, it must be secured by a first trust deed, necessitating the payoff of any existing loans through separate means or using the reverse mortgage funds. The borrowing limit is influenced by the borrower's age—the older the borrower, the higher the borrowing potential and the lower the interest rate. These terms are complex, heavily influenced by existing debts owed by the borrower.

Upon repayment of a reverse mortgage, accrued interest, alongside the principal, is due. In some instances, a portion of this interest might qualify as deductible. Below, we explore the tax implications and financial nuances associated with reverse mortgages.

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Proceeds and Their Tax Implications

  • Non-Taxable Income: The IRS considers the funds from a reverse mortgage, regardless of how they are received, as loan proceeds rather than taxable income.

  • Effect on Social Benefits: Since these funds do not count as income, they do not impact eligibility for Social Security or Medicare benefits.

Limits on Interest Deduction

  • When Interest Is Deductible: Unlike conventional mortgages, interest on a reverse mortgage is only deductible when the loan is paid off, typically upon the sale of the home or the borrower’s passing.

  • Form 1098 Reporting: The lender will issue a Form 1098 to report interest in the repayment year.

  • Purpose Defines Deductibility: The deduction is usually permissible only if loan proceeds finance "buying, building, or significantly improving" the home, according to IRC Section 163(h)(3). Those using the funds for other purposes may not deduct the interest.

  • Computation of Deductible Interest: If a reverse mortgage replaces an acquisition loan, a prorated portion of the accrued interest may qualify as deductible when the loan is repaid.

  • Claiming Interest by Party:

    • Borrower: If the borrower pays the loan while residing in the dwelling, they can deduct the interest.
    • Estate: Upon the borrower’s passing and subsequent estate payment, the estate can deduct interest on its tax return.
    • Heirs: When heirs settle the mortgage, they can deduct interest on their personal tax returns.

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Eligibility and Fund Management Limitations

  • Debt Limits: For loans issued post-December 15, 2017, the home mortgage interest deduction cap is $750,000, while the cap for earlier loans is $1 million.

  • Documenting Use of Funds: For deduction eligibility, meticulous records such as receipts and invoices evidencing the use of proceeds towards home improvements are necessary.

Impacts on Benefits Dependent on Financial Status

  • Medicaid and SSI Consideration: Reverse mortgage returns count as assets, potentially impacting means-tested benefits eligibility. To maintain eligibility, funds should be utilized within the month of receipt.

Ongoing Obligations for Borrowers

  • Financial Responsibilities: Borrowers remain accountable for property taxes, insurance, and maintenance costs. Non-compliance may lead to foreclosure risks.

  • Financial Assessment Requirement: Prior to loan approval, lenders assess the potential borrower's ability to manage these costs. Those with a history of late payments might have their funds partially set aside in a Life Expectancy Set-Aside (LESA) account.

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Considerations for Heirs

  • Non-Recourse Feature: For FHA-insured Home Equity Conversion Mortgages (HECMs), heirs are not liable beyond the home’s value, even if the loan exceeds it. Insurance covers the difference if the debt surpasses market value.

  • 95% Purchase Option: Heirs can retain the home for 95% of its appraised value or the outstanding loan balance, minimizing exposure to excessive costs.

  • Capital Gains Tax: With a stepped-up basis, tax on capital gains from a sale is significantly minimized, even shortly after inheritance.

Downsides of Reverse Mortgages

Despite their flexibility, reverse mortgages bear potential disadvantages. The incremental increase in the loan balance reduces equity for both borrowers and heirs. Neglecting obligations like property maintenance, taxes, and insurance can result in foreclosure. Reverse mortgages entail higher fees and closing costs compared to conventional loans, making them a less favorable option for those planning short-term relocation. Thus, assessing both benefits and drawbacks is essential.

Please consult our office for further inquiries or financial guidance.

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