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New Tax Credits for Buyers
Article

New Tax Credits For Buyers

UPDATE AS OF NOVERMBER 6, 2009

Federal tax credit extended, expanded


The federal tax credit for home buyers was signed into law by President Obama Friday, Nov. 6.  The tax credit, which was set to expire Nov. 30, has been extended through April 30, 2010 with a 60-day extension if a binding contract is in place prior to deadline.  It also was expanded to include existing homeowners who have lived in their primary residences for five consecutive years out of the last eight years.

First-time home buyers still may be eligible for a tax credit of up to $8,000, while existing homeowners may receive a credit of up to $6,500.  The bill also increases the qualifying income limits from $75,000 for single tax filers and $150,000 for joint filers, to $125,000 and $225,000, respectively. The purchase price of the home is capped at $800,000 in both instances.

Under additional provisions in the bill, taxpayers can claim the credit on purchases completed in 2010 on their 2009 income tax returns. The bill maintains the provision that home buyers do not have to repay the credit provided the home remains their primary residence for 36 months after purchase, and waives this requirement for active duty military personnel who move due to a military order.

 

 

Here are some of the most frequently asked questions on the changes to the Homebuyer Tax Credit

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 contract for the new credit. The

provision looks solely to the date of purchase, which is generally the date of settlement.

Question: I am a firsttime

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 phaseout

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 nonnegotiable

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 year 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 years 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 firsttime

homebuyer. 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 Nov 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.

 



 

ORIGINAL ARTICLE

If those considering a home purchase for the first time needed another reason to feel confident now is a great time to buy, they have one. In addition to the already historically-low interest rates, affordable prices and large supply of homes that currently exists, first time buyers can now receive up to an $8,000 tax credit from the federal government for buying a house.

Through the American Recovery and Reinvestment Act that recently became law, Congress improved upon an existing incentive for first-time buyers. The new tax credit, which applies to purchases of a principal residence made on or after Jan.1, 2009 and before Dec. 1, 2009, was increased to $8,000. In addition, the new credit no longer requires repayment making it a true credit as opposed to an interest free loan.

Homebuyers who never owned a home or haven't owned a home in more than three years, may be eligible to claim all or part of the tax credit based on their income level. Congress will also allow individuals to claim the credit on their 2008 tax return to help put money back in to the economy and provide a more immediately stimulus effect. Individuals who buy a home after April 15 can file an amended tax return to receive the credit in 2009. As with any tax law, individuals should check with a tax advisor to discuss any specifics regarding the use of this provision.

Click here to download your tax form for the First-Time Home Buyer Credit!

In addition, California has allocated 100,000,000 for tax credits for New Home Purchases.  This tax credit is available for qualified buyers who purchased a qualified residence that has never been occupied on or after March 1, 2009.  The buyer must reside in the new home for a minimum of two years immediately following the purchase date. 

Click here to find out if you qualify and how to apply for the New Home Credit!


Please contact me today with any questions on either federal or state tax credits for buyers!

 

 

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