2009 / 2010 Extended Home Buyer Tax Credit
As part of its plan to stimulate the U.S. housing market and address the economic challenges facing our nation, Congress has passed new legislation that: - Extends the First-Time Home Buyer Tax Credit of up to $8,000 to first-time home buyers until April 30, 2010
- Expands the credit grant up to $6,500 credit to current home owners purchasing a new or existing home between November 7, 2009 and April 30, 2010.
National Association of Realtors Tax Credit Comparison Chart | FEATURE | Jan 1- November 30, 2009
Rules as enacted
February 2009 | November 7 – 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 | November 7, 2009 | 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 | Limited on Cost of
Purchased Home | None | $800,000
November 7, 2009 | | Purchase by a Dependent | No Provision | Ineligible
November 7, 2009 | | Anti-Fraud Rule | None | Purchaser must attach documentation of purchase to
Tax return | Who Qualifies for the Extended Credit? - First-time home buyers who purchase homes between November 7, 2009 and April 30, 2010.
- Current home owners purchasing a home between November 7, 2009 and April 30, 2010, who have used the home being sold or vacated as a principal residence for five consecutive years within the last eight years.
To qualify as a “first-time home buyer” the purchaser or his/her spouse may not have owned a residence during the three years prior to the purchase. Which Properties Are Eligible?
The Extended Home Buyer Tax Credit may be applied to primary residences, including: single-family homes, condos, townhomes, and co-ops. How Much Is Available?
The maximum allowable credit for first-time home buyers is $8,000.
The maximum allowable credit for current homeowners is $6,500.
How is a Buyer's Credit Amount Determined?
Each home buyer’s tax credit is determined by two additional factors: - The price of the home.
- The buyer's income.
Price
Under the Extended Home Buyer Tax Credit, credit may only be awarded on homes purchased for $800,000 or less. Buyer Income
Under the Extended Home Buyer Tax Credit, which is effective on November 7, 2009, single buyers with incomes up to $125,000 and married couples with incomes up to $225,000—may receive the maximum tax credit. If the Buyer(s)’ Income Exceeds These Limits, Can He/She Still Get a Credit?
Yes, some buyers may still be eligible for the credit. The credit decreases for buyers who earn between $125,000 and $145,000 for single buyers and between $225,000 and $245,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying income—over $145,000 for singles and over $245,000 for couples are not eligible for the credit. Can a Buyer Still Qualify If He/She Closes After April 30, 2010? Under the Extended Home Buyer Tax Credit, as 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. Will the Tax Credit Need to Be Repaid? No. The buyer does not need to repay the tax credit, if he/she occupies the home for three years or more. However, if the property is sold during this three-year period, the full amount credit will be recouped on the sale. How to Get the Extended Home Buyer Tax Credit You’ve decided to purchase a home and take advantage of the Extended Home Buyer Tax Credit. Here's what you have to do to get your benefit: - Close on your home purchase between November 7, 2009 and April 30, 2010, or have a binding written contract by April 30, 2010 and close by July 1, 2010.
- Decide whether to:
- Apply the credit to your 2009 tax return, filed on or before April 15, 2010.
- File an amended 2009 return; or,
- Apply the credit on your 2010 return, filed on or before April 15, 2011.
- Attach documentation of purchase to your return.
Documentation of Purchase
Details concerning the precise documents required to confirm your purchase have not yet been released. When this information becomes available, we will include instructions and links to the appropriate forms.
When to Apply the Credit
Buyers purchasing homes on or before December 31, 2009 may claim the credit on their 2009 tax returns.
Buyers purchasing in 2010 will have the option to: - Claim the credit on their 2009 return, even if the purchase is completed after December 31, 2009.
- File and amended return for 2009 if their purchase is completed after April 15, 2010; or,
- Claim the credit on their 2010 tax returns.
Applying the Credit to Your 2009 Taxes You will need to do three things to claim the credit on your 2009 tax return: - Fill out Form 5405 to determine the amount of your available credit;
- Apply the credit when you file your 2009 tax return or file an amended return;
- Attach documentation of purchase to your return or amended return.
NAR FAQs 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 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 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 first time 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. | If you have specific questions or need additional information, please contact a tax professional or the Internal Revenue Service at 800-829-1040. |
