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Now that the cat is out of the bag, more questions are popping up since my post titled 21 Top Questions Answered on the First Time Home Buyers $8,000 Tax Credit. 

Over the past several days, the question that keeps popping up is "What TYPE of property is covered under the New First Time Home Buyer Tax Credit?" It appears that the confusion lies in the wording "Main Home" or "Single Family Home". So off I went and here is what I found:

The important point is that the home must be a person's main home." Detailed information on the definition of "a main home" can be found within the contents of the IRS Form 5405 which reads:

Main home. Your main home is the one you live in most of the time. It can be a house, houseboat, house trailer, cooperative apartment, condominium, or other type of residence.

Instructions within the form specifically say that the credit is available for any first time home buyer purchasing their "main home".Furthermore, there really is no specific clause that spells out the answer.  Many tax laws are open to interpretation and from what tax professionals have indicated, a small multi-family residence would qualify. The professionals continue to say this would include single family detached homes, attached homes like townhouses and condominiums, manufactured homes and houseboats. 

I understand that if the new home buyer has a plan to live in a portion of the home and rent a portion out, this would reduce the tax credit basis in the portion of the home that the new buyer is occupying as their "Main Home".

Here is an example:Duplex Purchase - Price = $250,000 and buyer lives in half. $125,000 would count toward the tax credit. The credit is 10% of the 1/2 that they are living in as their "Main Home". So 10% of $125,000 would be $12,500. The Tax Credit is capped at $8,000, so the new buyer would be eligible for the maximum $8,000 credit. 

Now if the same buyer decided to buy a four-plex at a price of $350,000 and live in one unit, their "Main Home" would equate to 1/4 of the purchase price, or $87,500.  Now take 10% of the $87,500 which is $8,750, therefore they would be eligible for the maximum $8,000 credit provided the income limitation did not apply.

In order for the buyer to reap the maximum benefit of the tax credit, they would need to find a duplex with a price of $160,000 or more to qualify for the maximum credit.

From what I understand, there are many great multi-family opportunities through out Wisconsin. Once again, I hope this information have been helpful. If I run across more stuff that will help answer questions, I will most certainly share it.....

As always, please, please be sure to consult with your personal tax professional as each and every transaction is unique to your particular situation.

Gwenn Tanvas is a Certified Mortgage Planning Specialists who specializes in Government Programs such as FHA, State and Federal VA and USDA Rural Housing Loans. Visit her website for more information, on-line calculators and a secure on-line application. She is able to assist with transaction throughout the state of Wisconsin. Her offices are located in Appleton, Oshkosh and Green Bay and offers the convenience of one-stop shopping. http://www.WisconsinLoanTips.com or http://www.MortgageProsOfWisconsin.com she can also be reached for comment or to answer questions via email at gwennt@centurytel.net

 

Gwenn Tanvas is a Certified Mortgage Planning Specialists who specializes in working with First-Time Home Buyers and Government Programs such as FHA, Federal VA and USDA Rural Housing Loans. Visit her website for more information, on-line calculators and a secure on-line application. She is able to assist with transaction throughout the state of Wisconsin. http://www.WisconsinLoanTips.com or http://www.MortgageProsOfWisconsin.com she can also be reached for comment or to answer questions via email at gwennt@centurytel.net

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This post has been included in Wisconsin Real Estate News Outagamie County, WI Real Estate News
Post is included in group: 1st Time Buyers
Post is included in group: All About Mortgages/Mortgage Networking
Post is included in group: Midwest Rainers
Post is included in group: The Lounge at Active Rain
Post is included in group: True Mortgage Professionals

13 Comments on Burning Question Answered! Is a Duplex or Multi-Family Dwelling Eligible for the New $8,000 First Time Home Buyer Tax Credit?

FEB
25
2009
450,896 Points 2 Featured Posts

Thanks so much, very helpful. The buyer is looking for ways to offset the down money or does she still need the 3.5%?

9:04am • #1
Outside Blog

Janice: She will need the FHA minimum downpayment from her own funds, or government bond if available in your state. I see that you are asking many questions from serveral individuals. I would suggest that you build a relationship with one of the experts here who can provide you with a valuable service to your client (I am not licensed in PA). I would love to help, but I cannot. Your client should be working with a FHA mortgage professional who can pre-approve them and get them to the settlement table. I would suggest Jeff Belonger. He is an expert and can provide services in your area.

I am glad that you found this information helpful. Questions are great, but I think you need to get your client in front of an expert to assist them and you. Make it a great day.

9:29am • #2
FEB
26
2009
538,546 Points 6 Featured Posts

ToulaRosebrock.comHi Gwenn:

Very helpful...

There is so much information out there right now on this subject.

 

7:28am • #3
721,633 Points 47 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Very useful information.  Thanks for a well researched post.  I for one appreciate the time you must have put into this.

 

9:55am • #4
Outside Blog

Hi Toula: Yes, and it is a HOT topic. I would imagine after 3/4/09, another wave of information will be coming.

Hey Tammy:I believe that the more good information we all have, the better we can service our clientele. The better we service, the more we, the more we do ...... you get it! LOL Thanks for the kind comment.

2:41pm • #5
MAR
04
2009
150,066 Points 1 Featured Post

Hi Gwenn,
Are you sure they only get the percentage?  When I read it I thought the buyer would get the entire credit.  I better check in with my accountant!

11:57pm • #6
MAR
05
2009
Outside Blog

Hi Maya: I think the answer lies in the definition of a "Main Home". I could not find a strong definition of this and from what I understand, as with many tax laws, there are gray areas and are open to interpretation. Best advice is to check with your accountant or tax professional regarding any specifics and how best to handle the filing of the return.

6:28am • #7
JUN
19
2009
268,633 Points 3 Featured Posts Attended Rain Camp Called Shot Master

I just had a phone call from a woman with this very question, so I searched Active Rain and found your post.  Then I double checked with my expert tax consultant, who said exactly the same thing.  I was able to call the woman back and provide her with an answer that she could not find anywhere else.

4:36pm • #8
JUN
20
2009
Outside Blog

Hi Bob - This is just another testament as to the power in numbers and Active rain. I am glad you found the information useful, and . . . I really hope that service you just provided will result in a positive outcome for you. Make it a great day!!!

8:48am • #9
JUL
15
2009

Good article Gwenn.  You get the amount of your residence as explained in Gwenn's article.  You must also occupy the residence by November 30, 2009.  That means if both tenants (i.e. duplex) have a contract through 2009 (say until March 2010) then you would not occupy the residence thereby voiding the credit.  In my home state of Texas you cannot force tenants out to move in.  So verifying the details of the tenants' contract to ensure proper timing is important as well.  This is often overlooked in the blogs.  And yes a duplex does count as a principal residence as defined by the IRS (if you occupy it obviously) Hope this helps.  -Verified with the IRS on July 15, 2009.

Brad
10:39pm • #10
AUG
15
2009

Hi Gwenn, Wow awesome info, thank you! Just to verify.. if the duplex is valued at $120,000 we would divide that in half because the buyer would only live in 1/2 of the property?  So the the credit, 10% of  the value would be $6K?  Thanks,

Brad- good point!

Terri Lewis
11:34pm • #11
OCT
25
2009

What happens if the owner side of the duplex is superior to the one that will be rented out?  2 BR w/inground pool; rental unit is l BR; no pool.  How is it fair to divide it into two pieces?

 

Thanks

Donna
1:04pm • #12
Outside Blog

Hi Donna - From what I understand, the property is a two family residence and the owner is occupying 1/2 of the dwelling regardless of size and amenity differences. It is about % of occupancy. A duplex provides for two separate occupancies, just as a four-plex provides 4 separate occupancies.  All always, it is best to consult a tax authority . . . that I am not. Thanks for visiting and make it a great day.

1:42pm • #13

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Gwenn Tanvas-Mortgage Pros of Wisconsin - FHA Loans - VA Loans - USDA Rural -

Appleton, WI

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Peoples Home Equity, Inc. NMLS-274839

Address: Wisconsin Mortgage Lending, 368 S Koeller Street, Oshkosh, WI, 54902

Office Phone: (920) 385-1220 x 104

Cell Phone: (920) 858-1203

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MY MISSION: 1 - Looking to network with Wisconsin Real Estate Agents... share really great tips and help friends BOOST their business! Help me contribute to the industry in a whole NEW way!!
2- Provide valuable information to Wisconsinites that help them make great decisions, save time, money and truly have a great experience when it comes to buying and financing real estate in this great state!
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