Reading-Berks Association of REALTORS®

Tax Credit


Home Buyer Tax Credit





News:

- IRS Issues New Rules on Tax Credit: The IRS has spelled out guidelines for eligibility for the home credit when co-borrowers purchase a property. When a home-owning parent of an adult child co-signs for a mortgage and both names appear on the note, the IRS says that under some circumstances, the first-time home buyer can qualify for the whole amount. The IRS says the parent doesn't qualify for any portion of the credit, but if the child hasn't owned a home during the three years preceding the current purchase and can qualify based on income, he or she can be allocated the entire $8000 credit. When unmarried individuals co-purchase a home and only one of them is eligible for the credit, then the full $8000 can be allocated to the eligible buyer.
(Source: Washington Post Writers Group, Kenneth R. Harney - 12/04/2009)

- Tax Credit Advance Loan Program Available Now

- National Association of Home Builders Tax Credit Video:

                                         




Tools

How to Get the Tax Credit?
Need step by step details on how to obtain the new home buyer tax credit? Learn how to apply the credit to your tax return, materials needed to accompany your tax return, and other information.

     

IRS Form 5405
In order to obtain the Home Buyer Tax Credit, eligible home purchasers must use the Internal Revenue Service Form 5405. The link will take you directly to the IRS page.
*Updated 11/6/09 - More information will follow in the near future regarding how to file this form. President Obama signed this legislation into law today, so come back soon to learn more about this opportunity for home buyers.

   
 





Confused about the Home Buyer Tax Credit?

Do you qualify?? Find answers to ALL your questions below.

FEATURE

Jan 1 - Nov 30, 2009
Rules as enacted

Nov 7 - Apr 30, 2010
Rules as enacted

First Time Buyer -
Amount of Credit

$8000
($4000 married filing seperate)

$8000
($4000 married filing seperate)

First Time Buyer -
Definition of Eligibility

May not have had an interest in a principal residence for 3 years prior to purchase

Same

Current Homeowner -
Amount of Credit

No Provision

$6500
($3250 married filing seperate)

Effective Date -
Current Owner

No Provision

Date of Enactment

Current Homeowner -
Definition for Eligibility

No Provision

Must have used the home sold or being sold as a principal residence
consecutively for 5 of the
previous 8 years.

Termination of Credit

Purchases after
November 30, 2009.
(Becomes April 30, 2010 on
Date of Enactment)

Purchases after
April 30, 2010

Binding Contract Rule

None

So 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.

Income Limits
*Note: Increased income
limits are effective as of
date of enactment of bill

$75,000 - Single
$150,000 - Married
Additional $20,000 phase out

$125,000 - Single
$225,000 - Married
Additional $20,000 phase
out

Limitation on Cost of
Purchased Home

None

$800,000
Effective Date of Enactment

Purchase by a Dependent

No Provision

Ineligible
Effective Date of Enactment

Anti-fraud Rule

None

Purchaser must attach documentation of purchase to tax return


*Source: The National Association of REALTORS (R)




Frequently Asked Questions and Answers:

Question: Existing homeowner credit: Must the new house cost more than the old house?

Answer: No. Thus, for example, individuals who move from a high cost area to a lower cost area who meet all eligibility requirements will qualify for the $6500 credit.

 

Question: I am an existing homeowner. On October 25, 2009, I signed a contract to purchase a new home. I have lived in my current home for more than 5 consecutive years and am within the new income limits. I will go to settlement on November 20. If President Obama has signed the bill by the time I go to settlement, will I qualify for the new $6500 tax credit?

Answer: Yes. The existing homeowner credit goes into effect for purchases after the date of enactment (when the bill is signed). There is no reference to the date of contact for the new credit. The provision looks solely to the date of purchase, which is generally the date of settlement.

  

Question: I am a first time homebuyer but was not within the prior income limits at the time I entered into my contract to purchase on October 30, 2009. I will be covered, however, by the new income limits. If the new rules have been signed into law by the time I go to settlement, will I be eligible for a credit?

Answer: Yes.The new income limitations go into effect as soon as the President has signed the bill. The income limit and other eligibility rules will look to your status as of the date of purchase, which is the settlement date. So if the new rules have been signed when you go to settlement, you should be eligible for the credit (or a portion of the credit if you're within the phase-out range).

 

Question: I am an eligible existing homeowner. I have a fair amount of equity in my home. I have found a home with a non-negotiable price of $825,000. Will I be able to use any of the $6500 tax credit?

Answer: No. The $800,000 cap on the cost of the purchased home is firm at $800,000. Any amount above $800,000 makes the home ineligible for any portion of the credit. The $800,000 is an absolute ceiling.

  

Question: I owned my home for 10 years, but sold it two years ago and have been renting since. If I purchase a home, will I be eligible for the $6500 tax credit if I meet all the other eligibility tests?

Answer: Yes. Because you lived in the home for more than 5 consecutive yars of the previous 8, you will qualify for the $6500 credit. For example, say John and his wife bought a home in 2000 and lived there until 2008 when he got a divorce. Whether John has been renting or bought in the interim, he would indeed be eligible for the credit because he owned a home and occupied it as his principal residence for 5 consecutive years out of the last 8 years. The keyword here is "consecutive." As long as he lived in that house for 5 years straight what he did since 3 years doesn't impact eligibility.

  

Question: I am an eligible first time home buyer. I entered into a contract to purchase on November 1, 2009. Do I have to go to closing before December 1? How does the extension date affect me?

Answer: You do not have to close before December 1. Once the legislation has been signed, it will be as if the November 30 date had never existed. Therefore, so long as the contract settles before April 30 (or July 1, worst case), the purchaser will be eligible for the credit.


*Source: The National Association of REALTORS (R)


Other Questions?

Need a question answered? Send an email to Chuck Liedike, Government Affairs Director for the Reading-Berks Association of REALTORS(R) at ChuckL@realestateinberks.com.

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