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First Time
Homebuyer Tax Credit Extended Into 2010!
Plus…A New Tax Credit for Certain Existing Home Owners!
It’s official.
President Obama has signed a bill that extends the tax credit for
first-time homebuyers (FTHBs) into the first half of 2010. This program
had been scheduled to expire on November 30, 2009.
In addition to
extending the tax credit of up to $8,000 through June 30, 2010, the
extension measure also opens up opportunities for others who are not
buying a home for the first time.
So Who Gets
What?
The program that has existed for FTHBs remains intact with the one
exception that more people are now eligible based on an increase in the
amount of income someone may now earn.
Additionally, the
program now gives those who already own a residence some additional
reasons to move to a new home. This incentive comes in the form of a tax
credit of up to $6,500 for qualified purchasers who have owned and
occupied a primary residence for a period of five consecutive years
during the last eight years.
Deadlines
In order to qualify for the credit, all contracts need to be in effect
no later than April 30, 2010 and close no later than June 30, 2010.
Higher Income
Caps in Effect
The amount of income someone can earn and qualify for the full amount of
the credit has been increased.
Single tax filers
who earn up to $125,000 are eligible for the total credit amount. Those
who earn more than this cap can receive a partial credit. However,
single filers who earn $145,000 and above are ineligible.
Joint filers who
earn up to $225,000 are eligible for the total credit amount. Those who
earn more than this cap can receive a partial credit. However, joint
filers who earn $245,000 and above are ineligible.
Maximum
Purchase Price
Qualifying buyers may purchase a property with a maximum sales price of
$800,000.
First-Time Homebuyer Tax Credit – Frequently Asked Questions
Here are answers to some commonly asked questions about the tax
credit.
What is a tax
credit?
A tax credit is a direct reduction in tax liability owed by an
individual to the Internal Revenue Service (IRS). In the event no taxes
are owed, the IRS will issue a check for the amount of the tax credit an
individual is owed. Unlike the tax credit that existed in 2008, this
credit does not require repayment unless the home, at any time in the
first 36 months of ownership, is no longer an individual’s primary
residence.
What is the tax
credit for first-time homebuyers (FTHBs)?
An eligible homebuyer may request from the IRS a tax credit of up to
$8,000 or 10% of the purchase price for a home. If the amount of the
home purchased is $75,000, the maximum amount the credit can be is
$7,500. If the amount of the home purchased is $100,000, the amount of
the credit may not exceed $8,000.
Who is eligible
for the FTHB tax credit?
Anyone who has not owned a primary residence in the previous 36 months,
prior to closing and the transfer of title, is eligible. This applies
both to single taxpayers and married couples. In the case where there is
a married couple, if either spouse has owned a primary residence in the
last 36 months, neither would qualify. In the case where an individual
has owned property that has not been a primary residence, such as a
second home or investment property, that individual would be eligible.
As mentioned
above, the tax credit has been expanded so that existing homeowners who
have owned and occupied a primary residence for a period of five
consecutive years during the last eight years are now eligible for a tax
credit of up to $6,500.
How do I claim
the credit?
For those taking advantage of the tax credit in 2009, you may choose to
either apply for the credit with your 2009 tax return or you may apply
for the credit sooner by filing an amended 2008 tax return with Form
5405 (http://www.irs.gov/pub/irs-pdf/f5405.pdf).
Can you claim
the tax credit in advance of purchasing a property?
No. The IRS has recently begun prosecuting people who have claimed
credits where a purchase had not taken place.
Can a taxpayer
claim a credit if the property is purchased from a seller with seller
financing and the seller retains title to the property?
Yes. In situations where the buyer purchases the property, even though
the seller retains legal title, the taxpayer may file for the credit.
Examples of this would include a land contract, contract for deed, etc.
According to the IRS, factors that would demonstrate the ownership of
the property would include: 1. the right of possession, 2. the right to
obtain legal title upon full payment of the purchase price, 3. the right
to construct improvements, 4. the obligation to pay property taxes, 5.
the risk of loss, 6. the responsibility to insure the property and 7.
the duty to maintain the property.
Are there other
restrictions to taking the credit?
Yes. According to the IRS, if any of the following describe your
situation, a credit would not be due.
- You buy your
home from a close relative. This includes your spouse, parent,
grandparent, child or grandchild.
- You do not
use the home as your principal residence.
- You sell your
home before the end of the year.
- You are a
nonresident alien.
- You are, or
were, eligible to claim the District of Columbia first-time
homebuyer credit for any taxable year. (This does not apply for a
home purchased in 2009.)
- Your home
financing comes from tax-exempt mortgage revenue bonds. (This does
not apply for a home purchased in 2009.)
- You owned a
principal residence at any time during the three years prior to the
date of purchase of your new home. For example, if you bought a home
on July 1, 2009, you cannot take the credit for that home if you
owned, or had an ownership interest in, another principal residence
at any time from July 2, 2006, through July 1, 2009.
Can you buy a
home from a step-relative and be eligible for the credit?
Yes. Provided the person you are buying a home from is not a direct
blood relative, the purchase would be allowed.
Can parent(s)
who will not live in the property cosign for a mortgage for their child
and the child that is a qualifying FTHB still be eligible for the
credit?
Yes.
Can a separated
spouse who has not owned a home for four years qualify for the FTHB tax
credit if the spouse has owned a property anytime in the last three
years?
No. However, the spouse may be eligible for the repeat buyer credit. The
best path to take in any situation regarding income taxes is to speak
with a professional tax preparer or CPA.
If you have any
questions that fall outside the situations here, give me a call and if
you do not have an accountant to speak with, I can refer you to one.
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