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Extended HomeBuyer Tax CreditExpanded Tax Credit is Good News... |
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$6,500 Credit for Repeat Buyers : Homeowners considering a new home purchase may now be eligible for their own tax credit. Taxpayers who have lived in the same residence for five consecutive years out of the past eight can now qualify for a tax credit of as much as 10% of the purchase price of a new principal residence (up to a maximum $6,500). The new residence need not be a single-family home, and there is no requirement that the new residence must cost more than the previous residence. Note: the credit for repeat buyers does not apply to homes purchased prior to November 6th of this year.
More Accommodating Income Requirements: The tax credit was designed to phase out based on income levels, meaning the amount of the tax credit decreases as the filer's income approaches the maximum limit. Under the previous format, income restrictions called for the tax credit to begin to phasing out for individuals making $75,000 annually, (modified adjusted gross income*), with no credit available to individuals making $95,000 or more. For married couples filing jointly, this "phasing out" range was $150,000 - $170,000 under the previous law. The income limits set within the new law are far more liberal. For single filers, the credits now begin phasing out at $125,000 up to $145,000 of modified adjusted gross income. For married couples filing jointly, the range begins at $225,000 and ends at $245,000.
The existing phase-out ranges of $75,000 to $95,000 or $150,000 to $170,000 for joint filers still apply to purchases on or before Nov. 6, 2009.
(*For most people, modified adjusted gross income will be the same as adjusted gross income.)
Anti-Abuse Measures : The new law contains anti-abuse measures designed to address and prevent fraudulent applications for the home-buyer tax credit. Persons who are under the age of 18 or who are claimed as dependants by other taxpayers will not be qualified for the tax credit program. Taxpayers taking the credit will also have to furnish proof of purchase. After filling out IRS Form 5405 to determine their tax credit amount, buyers must attach a copy of their HUD-1 settlement form (i.e. closing statement) as proof of the completed home purchase.
Additional Limitations on Buyer-Seller Relationship: Under the previous law, buyers were not eligible for the tax credit when purchasing a home from a lineal ancestor or descendent. The new law applying to purchases made after Nov. 6 also prohibits buyers from taking the credit if the home is purchased from a spouse or the spouse's lineal relatives.
What Aspects of the Original Credit Remain?
Up to $8,000 Credit for New Buyers: First-time home buyers remain eligible for a credit of as much as 10% of the purchase price of a new principal residence, up to a maximum $8,000. "First-time" is still defined as buyers who haven't owned a principal residence for a three year period prior to the home purchase (including both partners of a married couple).
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Three Year ?Principle Residence? Window: Neither the New Home Buyer Credit nor the Repeat Home Buyer Credit needs to be repaid provided that the buyer(s) reside in the home for a period of three years following the purchase If within 36 months of the date of purchase the property is no longer used as the taxpayer's principal residence, the taxpayer is required to repay the credit. Repayment of the full amount of the credit is must be included with the income tax return for the year in which the home ceased to be the taxpayer's principal residence. The full amount of the credit is reflected as additional tax on that year's tax return.
Tax Credit <> Not Deduction: The credits offer a refundable dollar-for-dollar reduction in what the taxpayer owes. For example, a taxpayer who owes $10,000 and qualifies for the full $8,000 tax credit would only owe the IRS $2,000. This offers a greater savings than a tax deduction.
The term ?refundable? means that either of the home buyer credits can be claimed even if the taxpayer has little to no federal income tax liability to offset. If the qualifying credit exceeds the taxpayer?s liability, the government would refund the excess portion of the tax credit. For example, if you qualify for an $8,000 credit but only owe $5,000 in tax, you could receive a $3,000 check from the Internal Revenue Service.
Tax Return Filing Options: 2009 home buyers may claim the credit on either their 2008 or 2009 returns, while 2010 buyers can claim the credit on either their 2009 or 2010 returns.
(source RE/MAX December Newsletter)
Updated February 22, 2010
IRS Clarifies What's Needed to Claim Tax Credit
The Internal Revenue Service has clarified which documentation taxpayers need to submit to claim the first-time and move-up homebuyer tax credit.
While the IRS is still requiring the filing of Form 5405, it is not demanding that all parties? signatures be on the HUD-1 settlement document in areas where requiring both the buyer and the seller to sign the document isn?t common.
The IRS clarification says: "In areas where signatures are not required on the settlement document, the IRS has clarified that it will accept a settlement statement if it is completed and valid according to local law. ? The IRS encourages those buyers to sign the settlement statement prior to attaching it to the tax return.?
For repeat buyers, the IRS is seeking documentation that home buyers have lived in the previous property for a consecutive five of the past eight years. Proof can include property tax records, home owner insurance records, or mortgage interest statements.
Source: Washington Post (02/20/2010) for entire article.
The following information provided by National Association of Realtors(R) NAR website. Information subject to change without notice to The Tim Sova Team, RE/MAX of Michigan, RE/MAX Platinum, and/or persons contributing information to website. All information must be independently verified prior to use. Please check back for additional updates.
Frequently Asked Questions (source NAR) Extended Homebuyer Tax Credit Basics (source NAR)
Congress has extended and expanded the homebuyer tax credit. The modifications in the column labeled:
?December 1 ? April 30, 2010? became effective November 6, 2009. All changes made to the current credit become effective on that date, as well.
FEATURE | Jan 1 ? November 30, 2009 Rules as enacted February 2009 | December 1 ? April 30, 2010 Rules as enacted November 2009 |
First-time Buyer ? Amount of Credit | $8000 ($4000 married filing separate) | $8000 ($4000 married filing separate) |
First-time Buyer ? Definition for 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 separate) |
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 | $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 |
Antifraud Rule | None | Purchaser must attach documentation of purchase to tax return |
| RE/MAX of Michigan | Tim Sova, RE/MAX Platinum | 6870 Grand River Ave, Brighton, MI 48114 | (810) 227-4600 | Contact by E-mail |













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