Congress recently approved a tax
credit for first-time homebuyers that can be
worth up to $7,500. The credit, however, acts
more like a no-interest loan because it must
be repaid to the government over 15 years.
The First-Time Homebuyer Credit can be claimed
on Form 5405, which is filed with your 2008
or 2009 federal tax return. For the who, what
and how, see the following questions and answers:
Q: What is the credit?
A: The First Time Homebuyer Credit is a new
tax credit included in the recently enacted
Housing and Economic Recovery Act of 2008. The
credit operates like an interest free loan because
it must be repaid over a 15-year period.
Q: How much is the credit?
A: The credit is 10 percent of the purchase
of the home, with a maximum available credit
of $7,500 for either a single taxpayer or a
married couple filing a joint return; $3,750
for married persons filing separate returns.
The full credit is available for homes costing
$75,000 or more.
Q. Which home purchases qualify for
the first-time homebuyer credit?
A. Only the purchase of a main home located
in the United States qualifies. You must buy
the home after April 8, 2008, and before July
1, 2009. For a home that you construct, the
purchase date is the first date you occupy the
home. Taxpayers who owned a main home at any
time during the three years prior to the date
of purchase are not eligible for the credit.
This means that first-time homebuyers and those
who have not owned a home in the three years
prior to a purchase can qualify for the credit.
If you make an eligible purchase in 2008, you
claim the first-time homebuyer credit on your
2008 tax return. For an eligible purchase in
2009, you can choose to claim the credit on
either your 2008 (or amended 2008 return) or
2009 return.
Q: When must I pay back the credit?
A: You must begin repaying the loan the second
year after claiming the credit. For example,
if you properly claim the maximum available
credit of $7,500 on your 2008 federal tax return,
you must begin repaying the credit by including
one-fifteenth of this amount, or $500, as an
additional tax on your 2010 federal tax return.
Normally, $500 will be due each year from 2010
to 2024.
Q. How is the credit repaid?
A. The first-time homebuyer credit is similar
to a 15-year interest-free loan. It is repaid
in 15 equal annual installments beginning with
the second tax year after the year the credit
is claimed. You may need to adjust your withholding
or make quarterly estimated tax payments to
ensure you are not under-withheld. Some exceptions
apply to the repayment rule:
If you die, any remaining annual installments
are not due. If you filed a joint return and
then you die, your surviving spouse would be
required to repay his or her half of the remaining
repayment amount.
If you stop using the home as your main home,
all remaining annual installments become due
on the return for the year that happens. This
includes situations where the main home becomes
a vacation home or is converted to business
or rental property. There are special rules
for involuntary conversions. Taxpayers are urged
to consult a professional to determine the tax
consequences of an involuntary conversion.
If you sell your home, all remaining annual
installments become due on the return for the
year of sale. The repayment is limited to the
amount of gain on the sale, if the home is sold
to an unrelated taxpayer. If there is no gain
or if there is a loss on the sale, the remaining
annual installments may be reduced or even eliminated.
Taxpayers are urged to consult a professional
to determine the tax consequences of a sale.
If you transfer your home to your spouse, or,
as part of a divorce settlement, to your former
spouse, that person is responsible for making
all subsequent installment payments.
Q: Can I apply for the credit if I
bought a vacation home or rental property?
A: No. Vacation homes and rental property do
not qualify for this credit.
Q: Who is considered to be a first-time
homebuyer?
A: Taxpayers who have not owned another home
at any time during the three years prior to
the date of purchase.
Q: When would I have had to buy a new
home?
A: Only purchases of a main home located in
the United States qualify, and the home must
have been purchased after April 8, 2008, and
before July 1, 2009. For a home you construct,
the purchase date is the date you first occupy
the home.
Q: How do I apply for the credit?
A: The credit is claimed on new IRS Form 5405
and filed with your 2008 federal tax return.
Q: How are repayments of the homebuyer
credit tracked?
A: A memo field will be present on taxpayer
record and repayment will be tracked over the
15 year repayment period.
Q: How will the IRS know if someone
sells their residence before the 15 years are
up?
A: Through both self reporting and third-party
information.
Q. Are there income limits?
A. Yes. The credit is reduced or eliminated
for higher-income taxpayers. The credit is phased
out based on your modified adjusted gross income
(MAGI). For a married couple filing a joint
return, the phase-out range is $150,000 to $170,000.
For other taxpayers, the phase-out range is
$75,000
to $95,000. This means the full credit is available
for married couples filing a joint return whose
MAGI is $150,000 or less and for other taxpayers
whose MAGI is $75,000 or less.
Q: I purchased a home that qualifies
for the First Time Homebuyer Credit. I will
be renting two of the bedrooms and reporting
the rental income on Schedule E. Will I still
qualify for the credit if I use the home as
my principal residence?
A: Yes, if you are a first-time homebuyer of
a principal residence in the United States,
you generally may claim the first-time homebuyer
credit, but certain limitations, including a
limitation based on modified adjusted gross
income, apply. See Form 5405, First-Time Homebuyer
Credit, for more details.
Q: If two unmarried people buy a house
together, how do they determine how much each
may take of the credit?
A: Two unmarried individuals buying a principal
residence may allocate the credit among the
individual owners in any reasonable manner.
The total amount allocated between the owners
may not exceed the smaller of $7500 or 10% of
the purchase price of the house. Q: Can a person
with an ITIN, who qualifies as a resident, take
this credit? A: Resident aliens with an ITIN
are
eligible to take the credit.
Q: I don’t owe taxes and did
not have taxes taken from my paycheck, do I
qualify for the credit?
A: Yes, the credit is fully refundable, and
you can claim the credit even if no taxes were
withheld from your paycheck.
Q. Who cannot take the credit?
A. If any of the following describe you, you
cannot take the credit, even if you buy a main
home:
Your income exceeds the phase-out range. This
means joint filers with MAGI of $170,000 and
above and other taxpayers with MAGI of $95,000
and above.
You buy your home from a close relative. This
includes your spouse, parent, grandparent, child
or grandchild.
You stop using your home as your main home.
You sell your home before the end of the year.
You are a nonresident alien.
You are, or were, eligible to claim the District
of Columbia first-time homebuyer credit for
any taxable year.
Your home financing comes from tax-exempt mortgage
revenue bonds.
You owned another main home at any time during
the three years prior to the date of purchase.
For example, if you bought a home on July 1,
2008, you cannot take the credit for that home
if you owned, or had an ownership interest in,
another main home at any time from July 2, 2005,
through July 1, 2008.
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