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

By
Mortgage and Lending with NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 NMLS 274839

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

 

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Gwenn Tanvas is a Certified Mortgage Planning Specialists who truly enjoys 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.WisconsinVetLoans.com she can also be reached for comment or to answer questions via email at gwenntanvas@gmail.com

 

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Comments (13)

Janice Roosevelt
Keller Williams Brandywine Valley - West Chester, PA
OICP ABR, ePRO,Ecobroker

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

Feb 25, 2009 01:04 AM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

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.

Feb 25, 2009 01:29 AM
Toula Rosebrock
Diane Turton, Realtors, Forked River, NJ - Lacey Township, NJ
Broker/Sales Associate, Realtor, Lacey Township,

ToulaRosebrock.comHi Gwenn:

Very helpful...

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

 

Feb 25, 2009 11:28 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

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

 

Feb 26, 2009 01:55 AM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

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.

Feb 26, 2009 06:41 AM
Maya Thomas, Broker
Tampa, FL
Please see my client recommendations.

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!

Mar 04, 2009 03:57 PM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

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.

Mar 04, 2009 10:28 PM
Bob Willis
Berkshire Hathaway HomeServices California Properties - Orange, CA
Orange County & L.A. County Real Estate Agent

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.

Jun 19, 2009 09:36 AM
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

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!!!

Jun 20, 2009 01:48 AM
Anonymous
Brad

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.

Jul 15, 2009 03:39 PM
#10
Anonymous
Terri Lewis

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!

Aug 15, 2009 04:34 PM
#11
Anonymous
Donna

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

Oct 25, 2009 06:04 AM
#12
Gwenn Tanvas
NEXA Mortgage LLC an Equal Housing Lender NMLS # 1660690 - Appleton, WI
The Mortgage Gal, 920.267.7891~ SMART - INNOVATIVE

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.

Oct 25, 2009 06:42 AM