In our view, if you determine under Regulation C that you should report the total loan costs for a particular loan, then you should enter “Not Applicable” or “NA” for the total points and fees.

The FFIEC Guide to HMDA Reporting indicates that when the ability-to-repay requirements apply and closing disclosures were provided — in other words, when the total loan costs are required to be reported — the bank should report “Not Applicable” for the total points and fees.

For resources related to our guidance, please see:

• Regulation C, 12 CFR 1003.4(a)(17) (“The data collected shall include the following items: . . . (17) For covered loans subject to Regulation Z, 12 CFR 1026.43(c), the following information: (i) If a disclosure is provided for the covered loan pursuant to Regulation Z, 12 CFR 1026.19(f), the amount of total loan costs, as disclosed pursuant to Regulation Z, 12 CFR 1026.38(f)(4); or (ii) If the covered loan is not subject to the disclosure requirements in Regulation Z, 12 CFR 1026.19(f), and is not a purchased covered loan, the total points and fees charged in connection with the covered loan, expressed in dollars and calculated pursuant to Regulation Z, 12 CFR 1026.32(b)(1).

• A Guide to HMDA Reporting, Getting It Right! (pg 24) (“(27) Total Loan Costs or Total Points and Fees . . .  Reporting ‘Not Applicable’ TOTAL POINTS AND FEES . . . Covered loans subject to Regulation Z, § 1026.43(c) for which a disclosure is provided pursuant to Regulation Z, § 1026.19(f), § 1003.4(a)(17)(ii)”)