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First-Time Homebuyer Credit -Update

Reminder from the IRS.

First-time homebuyers should begin planning now to take advantage of a new tax credit. Available for a limited time, the credit:

Applies to home purchases after April 8, 2008, and before July 1, 2009.

Reduces a taxpayer’s tax bill or increases his or her refund, dollar for dollar.

Is fully refundable, meaning that the credit will be paid out to eligible taxpayers, even if they owe no tax or the credit is more than the tax that they owe.

The credit operates much like an interest-free loan because it must be repaid in equal installments over a 15-year period. Taxpayers will claim the credit on new IRS Form 5405, First-Time Homebuyer Credit.

Only the purchase of a main home located in the United States qualifies. Vacation homes and rental property are not eligible. 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. If you make an eligible purchase in 2009, you can choose to claim the credit on either your original or amended 2008 return, or on your 2009 return.

The credit is 10 percent of the purchase price of the home, with a maximum available credit of $7,500 for either a single taxpayer or a married couple filing jointly. The limit is $3,750 for a married person filing a separate return. In most cases, the maximum credit will be available for homes costing $75,000 or more. The credit normally must be repaid over a 15-year period starting the second year after the year the credit is claimed.

The credit is reduced or eliminated for higher-income taxpayers. The credit is phased out based on your modified adjusted gross income. In general, for a married couple filing a joint return the phase-out begins at $150,000 and is completely phased out at $170,000. For other taxpayers, the phase-out range is between $75,000 and $95,000.

Not everyone will qualify for the credit. There are other rules that may impact your eligibility and decision to claim the First-Time Homebuyer Credit. Get all the information at IRS.gov.

Notice 2009-12 explains how to allocate the first-time homebuyer credit under section 36 of the Code between unmarried co-purchasers of a principal residence.
Notice 2009-12 will appear in IRB2009-6, dated February 9, 2009.

Are You a First Time Home buyer?

By Stacie Clifford Kitts, CPA

If you are a first time homebuyer – that is- if you are a taxpayer who had no ownership interest in a principal residence in the United States for the three year period prior to the purchase of your principal residence and you purchased your residence after April 8, 2008 and before July 1, 2009, then you are entitled to a refundable tax credit equal to 10 percent of the purchase price of your residence not to exceed a total credit amount of $7,500. For married individuals filing separately, the total credit amount cannot exceed $3,750.

However, based on your income level there are limitations on the amount of the credit that can be taken. During the year of purchase, the credit begins to phase out for married couples filing jointly with modified adjusted gross income (AGI) of $150,000 and is completely phased out at $170,000. Simply put, if you are married filing jointly and your AGI is over $170,000 you will not receive a tax credit. If your income is over $150,000 but less than $170,000 the credit is reduced for every dollar of AGI over $150,000 based on a formula specified for the phase out. For single taxpayers the phase out is between $75,000 and $95,000.

If the house ceases to be the taxpayers principal residence for any reason including disposition of the residence, during the tax year that the credit is claimed, then the IRS will disallow the credit.
The credit is meant to be a loan and not a permanent reduction of income tax. Taxpayers must repay the loan over a 15 year period – interest free. However, if the house ceases to be the taxpayer’s principal residence, any unpaid balance must be recaptured (paid back) in the year the residence is sold or no longer is the taxpayer’s principal residence. The amount of the credit recapture (the amount that must be paid back) can not exceed the amount of the gain from the sale of the residence to an unrelated person.

The credit must be claimed on the taxpayers 2008 or 2009 tax return. Taxpayers should consider the impact of the credit and adjust wage withholding or estimated tax payments if appropriate.