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Personal Tax -> First-Time Homebuyer Credit

Time is running out to qualify for the refundable First-Time Homebuyer Credit.  To qualify for the credit, the completed purchase must occur before December 1, 2009.

To qualify for this credit:
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you must be a first-time homebuyer - that is, you, and your spouse if you are married, must not have jointly or separately owned another principal residence during the 3 years prior to the date of purchase.

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the home must be located in the United States

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the home must be used as they taxpayer's principal residence

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the purchase must close after April 8, 2008 and before December 1, 2009

The credit is claimed
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on IRS Form 5405 First-Time Homebuyers Credit (pdf)

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on either the 2008 or 2009 tax return, for a qualified 2009 purchase.  The credit for 2008 purchases are claimed on the 2008 tax return.  For those who have filed a 2008 tax return, IRS Form 1040X Amended U.S. Individual Income Tax Return (pdf) can be filed in order to get a refund in 2009.

 

Credit for homes purchased in 2009:

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is either 10% of the purchase price or $8,000, whichever is less, for single taxpayers or a married couple filing jointly.  The maximum is $4,000 for married filing separately.

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begins to phase out for taxpayers whose modified adjusted gross income (MAGI) is more than $75,000, or $150,000 for joint filers

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is reduced to zero for MAGI of $95,000 and more, or $170,000 and more for joint filers

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is fully refundable.  A homebuyer with no taxable income who qualifies for the credit may file for the sole purpose of claiming the credit, and receive a full refund.

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does not have to be repaid, as long as the home remains your main home for 36 months after the purchase date.

Credit for homes purchased in 2008:

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is either 10% of the purchase price or $7,500, whichever is less, for single taxpayers or a married couple filing jointly.  The maximum is $3,500 for married filing separately.

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begins to phase out for taxpayers whose MAGI is more than $75,000, or $150,000 for joint filers

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is reduced to zero for MAGI of $95,000 and more, or $170,000 and more for joint filers

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is fully refundable.  A homebuyer with no taxable income who qualifies for the credit may file for the sole purpose of claiming the credit, and receive a full refund.

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must be repaid over a period of 15 years

Repayment exceptions:

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If you die, remaining installments are not due.  If you filed jointly and you die, the surviving spouse must repay his half of the remaining repayment amounts.

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All remaining annual installments become due on the return for the year that you stop using the home as your main home.  This includes if the home becomes a vacation home, or its use is changed to business or rental property.  There are special rules for involuntary conversions.

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All remaining annual installments become due on the return for the year in which the home is sold.  If the home is sold to an unrelated taxpayer, the repayment is limited to the amount of gain on the sale.  If there is a loss, the installments may be reduced or even eliminated.

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If your home is transferred to your spouse, or as part of a divorce settlement, to your former spouse, that person must make the remaining installment payments.

IRS information:

bulletFirst-Time Homebuyer Credit:  Answers
bulletOptions to Maximize New Tax Credit

Tax Tip:  For 2009 home purchases, the credit can be claimed on either your 2008 or 2009 tax return.  Compare your 2008 and 2009 incomes (MAGI).  You may qualify for a higher credit on the 2009 return if your income is lower.

 

Revised: October 01, 2009

 

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