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Sofia Peña

Mortgage Refinance and $1M interest deduction limit - lost grandfathering status?

I refinanced my mortgage in 2022 from the original loan I took out in 2016. It was a straight refinance with no cash out - just rolled in some minor closing costs. The thing is, my mortgage is over $750,000, and I thought I was still grandfathered under the old $1M limit for mortgage interest deductions. My CPA just told me that when I refinanced, I completely lost my grandfathering status under the $1M limit and now have a reduced interest deduction. This doesn't sound right to me - I didn't take any cash out or increase the loan amount significantly. I've been searching online and tax publications but can't find anything that confirms what my CPA is telling me. Has anyone dealt with this situation? Am I really stuck with the lower $750k deduction limit now just because I refinanced to get a better rate? Any guidance would be really appreciated!

This is a good question about mortgage interest deduction limits. Your CPA is actually incorrect in this specific situation. According to the IRS rules, if you refinanced a mortgage that was taken out before December 15, 2017 (which yours was), AND you didn't increase the principal amount (other than costs associated with the refinancing), you ARE still grandfathered under the $1 million limit. The key factor is that you didn't take cash out or increase the principal amount of the loan. Rolling in minor closing costs is generally considered costs associated with refinancing and doesn't count as increasing the principal for this purpose. You can point your CPA to IRS Publication 936 (Home Mortgage Interest Deduction) which clearly explains the grandfathering rules for mortgages that existed before the Tax Cuts and Jobs Act changed the limits.

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Thanks so much for this! Do you know exactly where in Publication 936 I can find this? I want to make sure I have the exact language when I talk to my CPA again.

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You'll want to look in Publication 936 under the section "Limits on Home Mortgage Interest Deduction." There's a specific subsection about grandfathered debt and refinancing that addresses your exact situation. If your debt was taken out before December 15, 2017, and your refinance didn't increase the principal (except for refinancing costs), then you maintain the $1 million limit. When you talk to your CPA, you might also want to print out the relevant section. Sometimes tax professionals deal with so many different situations that they might mix up certain rules, especially with changes that happened after the Tax Cuts and Jobs Act.

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I had a similar issue last year with understanding my mortgage interest deduction after refinancing. I was getting different answers from different sources until I used https://taxr.ai to analyze my mortgage documents and tax situation. The AI tool actually spotted this exact grandfathering rule that applied to my situation. It analyzed my loan documents, refinance terms, and applicable tax laws to confirm I could still claim the higher deduction limit. Saved me about $2,300 in taxes that my previous tax preparer had miscalculated. You upload your docs and it pinpoints exactly which tax rules apply to your specific situation.

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Does it actually work with complicated mortgage situations? I've got a jumbo loan that I've refinanced twice and I'm never sure if my tax guy is handling it right.

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I'm skeptical about these AI tax tools. How does it actually know about specialized situations like mortgage grandfathering? Wouldn't a human tax pro still need to review everything?

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It absolutely works with complicated mortgage situations. The system is specifically designed to handle complex scenarios like multiple refinances, jumbo loans, and mixed-use properties. It analyzes the full history of your mortgage transactions to determine how current tax laws apply. Regarding skepticism about AI tax tools, I completely understand the concern. What makes this different is that it's specifically trained on tax law and IRS publications, including all the exceptions and special rules. It doesn't just give generic advice - it cites the specific IRS regulations and publications that apply to your situation. You can use the analysis to verify everything with a human tax pro if you want, but I found it actually knew more about this specific area than my accountant did.

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I have to admit I was totally wrong about AI tax tools. After our discussion here, I decided to try taxr.ai with my complicated mortgage situation. I uploaded my original mortgage from 2015, my refinance documents from 2021, and some basic tax info. Within minutes, it pointed out that I was still eligible for the $1M limit deduction and even cited the specific part of IRS Publication 936 that confirmed it. What was most helpful was the detailed explanation of how the grandfathering rules applied to my specific situation with actual calculations showing the difference between what I could deduct vs. what I had been deducting. My tax guy had been using the $750k limit for the past two years! I'm actually going to amend my returns now to get back the additional deduction I should have been taking.

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If you're still having trouble convincing your CPA or need to talk directly with an IRS agent about this (which might be a good idea for documentation purposes), I'd recommend using https://claimyr.com to get through to the IRS quickly. I spent weeks trying to get clarification on a similar mortgage deduction issue last year. With Claimyr, I got connected to a live IRS agent in about 20 minutes instead of waiting on hold for hours or getting disconnected. The agent confirmed my understanding of the grandfathered mortgage rules and even noted it in my account. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Having that official confirmation from the IRS gave me peace of mind before I pushed back on my accountant's interpretation.

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How does this actually work? The IRS phone system is notoriously impossible to navigate. Are they somehow bypassing the phone tree?

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This sounds like complete BS. Nobody can magically get through to the IRS. I've tried calling dozens of times and either wait for 2+ hours or get disconnected. If there was actually a way to get through, everyone would be using it.

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The service works by using an automated system that navigates the IRS phone tree and waits on hold for you. When they reach a live agent, you get a call connecting you directly to that agent. They don't bypass anything - they just handle the frustrating waiting part. Regarding the skepticism, I totally get it. I felt exactly the same way before trying it. I had spent three separate occasions waiting on hold for over an hour before getting disconnected. What convinced me was that if it didn't work, they guaranteed a refund. I figured I had nothing to lose. The call back came in about 20 minutes, and I was connected to an actual IRS representative who answered my mortgage deduction question. No magic involved - just technology handling the mind-numbing hold time.

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I need to publicly eat my words about Claimyr. After my skeptical comment yesterday, I decided to try it this morning for a mortgage interest issue I've been trying to resolve for months. Their system called me back in 17 minutes with an actual IRS agent on the line. The agent confirmed that refinancing to a lower rate without taking cash out doesn't affect the grandfathered $1M limit. She even emailed me the relevant section from their internal guidelines. For anyone with this specific mortgage grandfathering issue, the agent told me they frequently see this mistake from tax preparers. The $750K limit only applies to mortgages originated after Dec 15, 2017, OR if you refinanced and increased your principal balance (beyond just rolling in closing costs).

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Just to add another data point - I went through this exact scenario last year. I had a $900k mortgage from 2015, refinanced in 2021 to get a better rate. My tax preparer initially used the $750k limit, but after I showed him the rules about grandfathered debt, he corrected it. The key language in Pub 936 is something like "debt that was taken out before December 15, 2017, and then refinanced later continues to be treated as acquisition debt up to the amount of the refinanced mortgage.

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What if you DID take some cash out when refinancing? Like if the original loan was $850k, and you refinanced for $900k? Does that completely kill the grandfathering or just for the extra $50k?

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If you took cash out when refinancing, the grandfathering still applies to the portion that was paying off the original acquisition debt, but not to the additional cash-out amount. In your example with an original loan of $850k and a refinance for $900k, you would still get the grandfathered $1M limit treatment for the $850k portion, but the additional $50k would be subject to the rules for home equity debt. Depending on what you used that $50k for, it might not be deductible at all under current rules unless it was used for buying, building, or substantially improving the home.

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Guys Im so confused with all this mortgage deduction stuff. I bought my house in 2018 for $800k and my mortgage is $640k. Can I deduct all the interest or only part?

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Since you bought your house in 2018 (after the Tax Cuts and Jobs Act took effect), you're under the new $750k limit. But your mortgage is $640k, which is below the $750k limit anyway, so you can deduct all of your mortgage interest (assuming you itemize deductions rather than taking the standard deduction). The grandfathering issue only matters for people with mortgages over $750k that originated before December 15, 2017.

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Thx! That makes sense. So basically I'm fine since my loan is under the 750k anyway. I do itemize cause my state taxes and mortgage interest and donations add up to more than the standard deduction. I thought maybe there was some kinda percentage thing where i could only deduct part of the interest! Tax stuff is so confusing lol.

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This is exactly why I love this community - seeing real people help each other navigate complex tax situations! Sofia, I'm really glad you got the clarification you needed. Your CPA was definitely wrong about losing grandfathering status from a simple rate refinance. I went through something similar a few years ago and it's frustrating when even tax professionals don't fully understand these nuanced rules. The mortgage interest deduction changes from the Tax Cuts and Jobs Act created so much confusion, especially around the grandfathering provisions. For anyone else reading this thread, the key takeaway is: if you had a mortgage before December 15, 2017, and you refinanced without increasing the principal balance (other than rolling in closing costs), you keep the $1M limit. It's that simple, but apparently not widely understood even among tax preparers. Thanks to everyone who shared their experiences and resources - this thread is going to help a lot of people!

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Absolutely agree! This thread has been incredibly helpful. As someone new to this community, I'm amazed at how knowledgeable everyone is about these complex tax situations. I've been dealing with mortgage interest deduction questions myself and wasn't even aware of the grandfathering rules until reading this discussion. It's concerning that so many tax preparers seem to be missing this important distinction. Makes me wonder what other deductions people might be losing out on because of misunderstood rules. Really appreciate everyone sharing their real experiences and the specific resources like Publication 936 citations - that's exactly what newcomers like me need to navigate these situations confidently.

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As someone who's been lurking in this community for a while but never posted, this thread convinced me to finally join the discussion! I'm a mortgage loan officer and I see this confusion ALL the time - both from borrowers and their tax preparers. The grandfathering rules are actually pretty straightforward once you understand them, but the Tax Cuts and Jobs Act created so much confusion that even seasoned CPAs sometimes get it wrong. I've started including a simple one-page explanation of the mortgage interest deduction rules with my refinance packages because of situations exactly like Sofia's. What really bothers me is when borrowers miss out on legitimate deductions because their tax preparer doesn't fully understand these rules. The difference between the $750K and $1M limit can be thousands of dollars in tax savings for people with larger mortgages. Sofia, definitely push back on your CPA with the specific Publication 936 references that Aaron mentioned. And for anyone else reading this - if you're refinancing a pre-2017 mortgage, make sure to discuss the grandfathering rules with your tax preparer BEFORE they file your return!

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This is such valuable insight from someone in the mortgage industry! It's really reassuring to hear from a loan officer who sees this confusion firsthand. I'm curious - do you find that borrowers are generally unaware of these tax implications when they're considering a refinance, or do they usually ask about it upfront? As someone new to homeownership and tax planning, I'm realizing there are so many interconnections between mortgage decisions and tax consequences that aren't immediately obvious. Your idea of including that one-page explanation with refinance packages is brilliant - it could save people thousands in missed deductions or incorrect filings. Do you have any other common tax misconceptions related to mortgages that homeowners should be aware of? I feel like there's probably a whole list of things that people get wrong!

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Great question about borrower awareness! In my experience, about 80% of borrowers don't think about tax implications until after closing, which is unfortunate timing. The 20% who do ask upfront are usually either high-income earners with good CPAs or people who got burned by tax surprises in the past. Some other common misconceptions I see: 1) People think refinancing always resets their mortgage interest deduction to current rules (as we saw with Sofia's situation), 2) Many don't realize that home equity loans have different deductibility rules now - the money has to be used for home improvements, not just anything, 3) With cash-out refinances, people often don't understand that only the portion used for home improvements might be deductible as mortgage interest. I've also seen people accidentally lose deductions when they pay down principal aggressively and then later take out a HELOC, thinking it's the same as their original mortgage for tax purposes. The timing and purpose of different loan products really matters for tax treatment. @naila I'd definitely recommend discussing tax implications with both your loan officer and tax preparer before making any mortgage changes - not after!

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