A few days ago, I posted a blog about the tax credit that Congress enacted in July of 2008 and I gave it a resounding thumbs down and told people to wait and be patient. Well, I now feel that was decent advice because on Tuesday, Congress approved another tax credit (part of the American Recovery & Reinvestment Act of 2009) that looks much better. Here are the basics and my personal thoughts about what will happen and what you should do:
What is this new tax credit?
Anyone who purchases a primary residence (first time buyers and those who have not owned a home for the last 3 years… somehow also known as “first time home buyers”… but whatever) will be eligible for up to an $8000 tax credit or 10% of the of the purchase price (whichever is less). The home must be the buyer’s principal residence (not an investment or vacation home) and the property must be purchased on or after January 1, 2009 and before December 1, 2009. This tax credit can be applied to taxes that you owe (your “tax liability) and any money left over after your tax bills are paid will be “refunded” in a check to the taxpayer.
Read more about this new tax credit here.
Why is this one better than that other $7,500 tax credit I didn’t like?
This new tax credit that was approved 2 days ago is actually a tax credit. The other one was not actually a tax credit but an interest free loan that would have had to have been repaid by the Buyer. (I hate when the government uses confusing language like “tax credit” when they really mean “loan.” And we wonder who’s causing all the confusion…). This new tax credit is also better because it extends to any primary residence bought before December ‘09, while the old “tax credit” only applied to houses bought before July ‘09.
Are there any limitations that you need to know about?
Yes. Home buyers who use this tax credit must use/occupy the residence as their principal residence for at least three years or face recapture of the tax credit amount (read: they may come take back some or all of that “free” money). Certain exceptions can apply which is why you need a tax preparer/adviser to do this.
There are also income restrictions that can apply… again, check with your tax adviser to be sure. $75,000 and $150,000 are important income numbers to know , but only in terms of your modified adjusted gross income (MAGI). I have absolutely no understanding of how to interpret this accurately, so (again) I urge you to get professional tax advice.
You cannot double dip by trying to get this new tax credit as well as go after the first time home buyer tax credit offered to people who buy in Washington, DC. Presumably, this kind of double-dipping restriction will apply in other places too… which your tax preparer should discuss with you if applicable.
If you qualify for the tax credit and buy a home in 2009, can you apply the tax credit against your 2008 tax return?
Yes. The law allows taxpayers to choose (”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 whether the income limit will reduce their credit amount.
Taxpayers buying a home who wish to claim it on their 2008 tax return, but who have already submitted their 2008 return to the IRS, may file an amended 2008 return claiming the tax credit. You should consult with a tax professional to determine how to arrange this.
You bought a home in 2008. Do you qualify for this new tax credit?
No, but if you purchased your first home between April 9, 2008 and January 1, 2009, you may qualify for a different tax credit. Read about that tax credit for 2008 Buyers here.
What do you do now to get your money?
Participating in the tax credit program is easy (or so I’ve been told… of course it deals with government paperwork, so I somewhat doubt that claim…). Anyway, you claim the tax credit on your federal income tax return. Specifically, home buyers should complete IRS Form 5405 to determine their tax credit amount, and then claim this amount on Line 69 of their 1040 income tax return. No other applications or forms are required, and no pre-approval is necessary. However, you will want to be sure that you qualify for the credit under the income limits and first-time home buyer tests. TALK TO A QUALIFIED TAX PREPARER / ADVISER TO ANSWER YOUR QUESTIONS - DON’T GUESS OR LISTEN TO PEOPLE WHO DON’T DO THIS ALL THE TIME!
Kelsay’s opinion: This is now a much better incentive for home buyers. It seems to be what it says it is and there aren’t that many restrictions or confusing stipulations about how it works. If you can qualify for this money, I say go after it ASAP! (And call a qualified tax preparer / adviser to help you because the rest of us really aren’t qualified to be telling you what to do…)
And if you know anyone
who is even remotely considering buying,
tell them to call me so I can help them start looking ASAP.
This tax credit money will benefit them too!

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