As part of its plan to stimulate the U.S. housing market and address the economic challenges facing our nation, Congress has passed new legislation that:
- Extends the First-Time Home Buyer Tax Credit of up to $8,000 to first-time home buyers until April 30, 2010. This means that you must have a fully executed contract signed by all parties in effect no later than April 30, 2010.
- Expands the credit to grant up to $6,500 credit to current home owners purchasing a new or existing home between November 7, 2009 and April 30, 2010.
- Armed services members, as well as intelligence service and foreign service personnel, who are on active duty and out of the U.S. for 90 days during any part of 2009, get an additional year to buy their homes, to May 1, 20ll.
Who Qualifies for the Extended Credit?
- First-time home buyers who purchase homes between November 7, 2009 and April 30, 2010.
- Current home owners purchasing a home between November 7, 2009 and April 30, 2010, who have used the home being sold or vacated as a principal residence for five consecutive years within the last eight.
To qualify as a "first-time home buyer" the purchaser or his/her spouse may not have owned a residence during the three years prior to the purchase.
If you or your client purchased a home between January 1, 2009 and November 6, 2009, please see: 2009 First-Time Home Buyer Tax Credit.
Which Properties Are Eligible?
The Extended Home Buyer Tax Credit may be applied to primary residences, including: single-family homes, condos, townhomes, and co-ops. Vacation homes and second homes do not apply for the credit.
- The home you purchase with the tax credit must become your main residence. There is no requirement to sell your previous home. You can rent it out, use it as a second home, or list it for sale at any time.
How Much Is Available?
The maximum allowable credit for first-time home buyers is $8,000. The credit is equal to 10% of purchase price of the home, up to $8,000. So, if you purchase a home for $55,000, then you will receive a credit of $5,500.
The maximum allowable credit for current homeowners is $6,500.
Taxpayers are required to submit copies of their settlement statement (HUD-1 forms), along with their request for the credit using IRS Form 5405, (http://www.irs.gov/pub/irs-pdf/f5405.pdf).. Individuals who are under 18 or who are counted as dependents on another taxpayers filings are prohibited from claiming the credit. If a married couple is claiming the credit, at least one of them must be 18 at closing.
How is a Buyer's Credit Amount Determined?
Each home buyer's tax credit is determined by two additional factors:
1. The price of the home.
2. The buyer's income.
Price
Under the Extended Home Buyer Tax Credit, credit may only be awarded on homes purchased for $800,000 or less.
Buyer Income
Under the Extended Home Buyer Tax Credit, which is effective on November 7, 2009, single buyers with incomes up to $125,000 and married couples with incomes up to $225,000-may receive the maximum tax credit.
These income limits have changed from the 2009 First-Time Home Buyer Tax Credit limits. If you or your client purchased a home between January 1, 2009 and November 6, 2009, please see 2009 First-Time Home Buyer Tax Credit.
If the Buyer(s)' Income Exceeds These Limits, Can He/She Still Get a Credit? Please read this since many realtors are not reporting the income requirements.....
Yes, some buyers may still be eligible for the credit.
The credit decreases for buyers who earn between $125,000 and $145,000 for single buyers and between $225,000 and $245,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying income-over $145,000 for singles and over $245,000 for couples are not eligible for the credit.
Can a Buyer Still Qualify If He/She Closes After April 30, 2010?
Under the Extended Home Buyer Tax Credit, as long as a written binding contract to purchase is in effect on April 30, 2010, the purchaser will have until July 1, 2010 to close. (Again, read this carefully. Many blogs have June 30, 2010 as the final closing date.)
Will the Tax Credit Need to Be Repaid?
No. The buyer does not need to repay the tax credit, if he/she occupies the home for three years or more. However, if the property is sold during this three-year period, the full amount credit will be recouped on the sale.
If you have specific questions or need additional information, please contact a tax professional or the Internal Revenue Service at 800-829-1040.
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