Questions and answers on the confusing subject of the $8,000 first-time-home-buyers tax credit.
The American Recovery and Reinvestment Act of 2009 authorizes a tax credit of up to $8,000 for qualified first-time-home-buyers purchasing a principle residence on or after January 1, 2009 and before December 1, 2009.
I have received so many questions about the first-time-home-buyers credit as of late that I am compelled to compile all of the questions into one article so everyone can benefit from the answers to the many questions. If I have not answered you specific question in this article please feel free to submit your question to me at the e-mail address listed below.
Please keep in mind that I am not a tax or legal expert. I strongly encourage you to seek the advise of a qualified tax advisor or legal professional regarding how the first-time-home-buyer tax credit will effect your unique situation.
mike@mikethemoneyman.com
Who is eligible to claim the tax credit?
First time home buyers purchasing any kind of home - new or resale - are eligible for the tax credit. To qualify for the tax credit, a home purchase must occur on or after January 1, 2009 and before December 1, 2009, For the purposes of the tax credit, the purchase date is the date when the closing occurs and the property transfers to the new home owner. This date can generally be found at the top of the settlement statement that was provided to the new home owner by the escrow company handling the transaction.
What is the definition of a first-time-home-buyer?
By law a first time home buyer is defined as someone who has not owned a primary residence within the last three-year period. For married taxpayers, the law includes both the married couples. For example, if you have not owned a primary residence in the last three years but your spouse has owned a primary residence within the last three-year period neither of you will qualify for the tax credit. However joint, unmarried purchasers may allocate the tax credit to either of the buyer that may qualify for the tax credit. A very important distinction to keep in mind is that prior ownership of a vacation home or rental property does not disqualify buyers from the tax credit if they buy a primary residence within the tax credit period.
What is the definition of a primary or principle residence?
A primary or principle residence is one in which you intend to live in and not rent and where you spend at least 51 percent of your time.
How is the amount o the tax credit determined?
The tax credit is equal to 10% of the purchase price of the primary residence up to a maximum of $8,000.
Are there any income limitations for claiming the tax credit?
Yes, of course. There are always a few catches to these things. The income limit for single taxpayers is $75,000; the limit is $150,000 for married taxpayers filing jointly. The tax credit amount is reduced for buyers with a modified adjusted gross income (MAGI) of more than $75,000 of a single taxpayer and $150,000 for married taxpayers filing jointly. The phaseout range for the tax credit program is equal to $20,000. That is, the tax credit amount is reduced to zero for taxpayers with MAGI of more than $95,000 (single) of $170,000 (married) and is proportionally for taxpayers with MAGI between these amounts.
What is “modified adjusted gross income”?
Modified adjusted gross income or MAGI is defined by the IRS. To determine it, a tax payer must first determine “adjusted gross income” or AGI. Adjusted gross income is the total income minus certain deductions known as adjustments or above-the-line deductions but, before itemized deductions from Schedule A or personal exemptions are subtracted. On forms 1040 and 1040A adjusted gross income is the last number on page 1 and the first number on page 2 of the form. For form 1040EZ adjusted gross income appears on line 4. Please note that AGI includes all forms of income including wages, salaries, interest and divided income and capital gains.
To determine modified adjusted gross income or MAGI , add to adjusted gross income items like foreign incomes, foreign housing deduction student loan deductions, IRA contributions deductions and higher education deductions.
If my modified adjusted gross income is above the limit, will I qualify for any tax credit?
Possibility , it depends on your income. Partial credits of less than $8,000 are available for some taxpayers whose modified adjusted gross income exceeds the phaseout limits.
Can you give an example of how the partial tax credit might be determined?
Lets look a one example, assume that a married couple \has a modified adjusted gross income of $160,000. The applicable phaseout to qualify for the tax credit is $150,000, and the couple is $10,000 over this amount. Dividing $10,000 by $20,000 yields 0.5. When you subtract 0.5 from 1.0, the result is 0.5. To determine the amount of the partial first-time home buyer tax credit that is available to this couple, multiply $8,000 by 0.5, the result is $4,000.
How about another example? Assume that an individual home buyer has a modified adjusted gross income of $88,000. The buyer’s income exceeds the $75,000 limit by $13,000. Dividing $13,000 by the phaseout range of $20,000 yields 0.65. When you subtract 0.65 from 1.0, the results is 0.35. Multiplying $8,000 by 0.35 shows the buyer of this example is eligible for a partial tax credit of $2,800.
Please remember that these examples are intended to provide a general idea of how the tax credit might be applied for different situations. You should always seek the advise of a professionals for information relating to your specific circumstances.
How is this new $8,000 tax credit different from the tax credit Congress enacted on July of 2008?
The most significant difference is that the new $8,000 tax credit is not a tax free loan like the original first-time-home-buyer incentive and does not have to be repaid. This tax incentive is a true tax credit. However home buyers must use the residence as a principle residence for at least three years or face a recapture of the tax credit amount. Certain exceptions apply.
How can I claim the tax credit? Do I need to fill out an application or complete a form?
Participation in the tax credit is very easy. Home buyer ca claim the tax credit of their federal income tax return. Specifically, home buyers should complete IRS form number 5405 to determine their tax credit amount, then claim this amount on line 69 of their 1040 income tax return. No other applications or forms are required. However, you will want to be sure that you qualify for the credit under the income limits and first-time-home-buyer texts mentioned previously.
What type of homes can qualify for the tax credit?
Any homes that will be used as a principle residence will qualify for the credit. This includes single-family detached homes, Condominiums, Townhomes as well as manufactured homes and houseboats. The definition of a primary residence is identical to the one used to determine whether a buyer may qualify of the $250,000 to $500,000 capital gains tax exclusion for principle residences.
I have heard that the tax credit is refundable. What does that mean?
The tax credit is refundable which means that if the home buyer has no taxable income in a given year they will still receive a refund for the amount of the tax credit they are eligible for. This typically involved the government sending the home buyer a check for the portion of the tax credit they are eligible for.
For example, if a qualified home buyer expected a federal tax liability of $5,000 and had withholdings of $4,000 for the year in question, then without the tax credit the taxpayer would owe the IRS $1,000 in taxes for that year. If the home buyer is eligible for $8,000 of the tax credit they will receive from the IRS a refund of $7,000. ($8,000 worth of tax credit minus the $1,000 in taxes owed)
I bought a home in early 2009 and have filed to receive the $7,500 tax credit on my 2008 tax return. Can I still claim the $8,000 credit?
Homebuyers in this situation may file an amended 2008 tax return with a 1040X form. You should consult with a tax advisor to ensure you file the amendment properly and within enough time to make the December 1st deadline for the $8,000 tax credit.
Instead of buying a new home I have has a house built on a lot that I already own. Can I still qualify for the tax credit?
Yes, you can still qualify. For the purposes of the home buyer credit, a principle residence that is constructed by the home owner during the tax credit period is treated by the tax code as having been “purchased” on the date the owner first occupies the house. In this situation, the date of the first occupancy must be on or after January 1, 2009 and before December 1, 2009.
In contrast, for newly-constructed homes bought from a home builder, eligibility for the tax credit is determined by the settlement date found on the HUD statement.
Can I claim the tax credit if I finance the purchase of my home under a mortgage revenue bond or a MRB mortgage program?
Yes, The tax credit can be combined with the MRB home buyer program only of 2009. First-time home buyers who purchased a home in 2008 may not claim the tax credit if they are participating in a MRM Mortgage program.
I am not a U.S. citizen. Can I still claim the tax credit?
Maybe, Anyone who is not a nonresident alien (as defined by the IRS) who has not owned a principal residence in the previous three years and who meets the income limit test may claim the tax credit for a qualifying home purchase. You may find the definition of a “nonresident alien” in the IRS publication 519.
Is a tax credit the same as a tax deduction?
No, a tax credit is a dollar-for-dollar reduction in what a tax payer owes. That means that if a tax payer owes $8,000 in taxes during a given year and who qualifies for a $8,000 tax credit; they will owe nothing to the IRS.
A tax deduction on contrast is subtracted from the amount of taxable income the taxpayer makes. Using the same example, assume the tax payer is in the 15% tax bracket and owes $8,000 income taxes. If the taxpayer receives an $8,000 deduction, the taxpayer’s tax liability would be reduced by $1,200 (15% of $8,000) or lowered from $8,000 to $6,8000.
I bought a home in 2008. Do I qualify for the $8,000 tax credit?
No, but if you bought your first home between April 9, 2008 and January 1, 2009, you may qualify for a different tax credit.
Is there any way for a home buyer to access the money allocable to the credit sooner than waiting file their 2009 tax returns?
Yes and no, currently, there is now way to get the full $8,000 sum in your pocket today. Washington State legislators are working on a plan to allow buyers to “borrow” against a potential tax refund to be used for a down-payment for a first-time home buyer but as of yet that legislation has not been passed and it remains to be seen if legislators can get the measure past the make the December 1, 2009 deadline before the tax credit is no longer available for the IRS.
There is however a way for first-time buyers who believe they qualify for the tax credit to reduce their income tax withholdings to see some of the money now. Reducing the tax withholding (up to the amount of the tax credit) will able buyers to accumulate cash by raising his/her take home pay. This money can be then be applied to the down-payment. Buyers should adjust their withholding amount on their W-4 via their employer of through their quarterly estimated tax payment. IRS publication 919 contains rules and guidelines for income tax withholdings.
Prospective buyers should note that if income tax withholdings are reduced and a qualified home purchase does not occur within the tax credit period of at all then the taxpayer might be liable to repay the advances withholdings, possible penalties and interest to the IRS.
If I’m qualified for the tax credit and buy a home in 2009, can I apply the tax credit against my 2008 tax return?
Yes, The law allows taxpayers to choose or “elect” to treat qualified home purchases in 2009 as if the purchase occurred on December 31, 2008. This means that the 2008 income limit (MAGI) applies and the election accelerates when the credit can be claimed (tax filing for 2008 returns instead of for 2009 returns). A benefit of this election is that a home buyer in 2009 will know their 2008 MAGI with certainty, thereby helping the buyer know wether the income limit will reduce their credit amount. Taxpayers buying a home who wish to claim it on their 2008 tax returns, but who have already submitted their 2008 returns to the IRS, may file an amended 2008 return claiming the tax credit. Again please consult the services of a tax professional to determine how to amend your tax returns.
For a home purchase in 2009, can I choose whether to treat the purchase a occurring in 2008 or 2009 depending on which year my credit amount is largest?
Yes, If the applicable income phaseout would reduce your home buyer tax credit amount in 2009 and a larger credit would be available using the 2008 MAGI amounts, then you can choose the year that yields the largest credit amount.
About Mike the Money Man
Mike Carpenter, also known as Mike the Money Man, is one of Seattle’s leading mortgage-industry and subject-matter experts. Staying true to his motto, “taking the mystery out of mortgages,” he offers reliable and accurate information on today’s credit crisis and the prevailing economic climate. Recognized for his competence and real-world experience, Mike is available to answer questions and counsel people who are uncertain and baffled by the existing financial market conditions. He is committed to sharing his knowledge and unmatched expertise with clients, educators, and the media.
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