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The following questions and
answers provide basic information about the tax credit.
If you have more specific questions, we strongly
encourage you to consult a qualified tax advisor or legal
professional about your unique situation.
1. Who is eligible to claim the $6,500 tax credit?
2. What is the definition of a move-up or repeat home
buyer?
3. How is the amount of the tax credit determined?
4. Are there any income limits for claiming the tax
credit?
5. What is “modified adjusted gross income”?
6. If my modified adjusted gross income (MAGI) is above
the limit, do I qualify for any tax credit?
7. Can you give me an example of how the partial tax
credit is determined?
8. How is this home buyer tax credit different from the
tax credit that Congress enacted in July of 2008? How is
this different than the rules established in early 2009?
9. How do I claim the tax credit? Do I need to complete a
form or application? Are there documentation requirements?
10. What types of homes will qualify for the tax credit?
11. I read that the tax credit is "refundable."
What does that mean?
12. Instead of buying a new home from a home builder, I
hired a contractor to construct a home on a lot that I
already own. Do I still qualify for the tax credit?
13. Can I claim the tax credit if I finance the purchase
of my home under a mortgage revenue bond (MRB) program?
14. I am not a U.S. citizen. Can I claim the tax credit?
15. Is a tax credit the same as a tax deduction?
16. Is there a way for a home buyer to access the money
allocable to the credit sooner than waiting to file their
2009 or 2010 tax return?
17. HUD allows “monetization” of the tax credit.
What does that mean?
18. If I’m qualified for the tax credit and buy a
home in 2009 (or 2010), can I apply the tax credit
against my 2008 (or 2009) tax return?
19. For a home purchase in 2009 or 2010, can I choose
whether to treat the purchase as occurring in the prior
or present year, depending on in which year my credit
amount is the largest?
20. How can two unmarried buyers allocate the tax credit
if one qualifies for the $8,000 first-time home buyer tax
credit and the other qualifies for the $6,500 repeat home
buyer credit?
21. Does a married couple qualify for any home buyer tax
credit in the following situation? Spouse A has lived in
and owned the same principal residence for at least five
years. Spouse B has lived in and owned the same principal
residence for less than five years. Qualified move-up or repeat home
buyers purchasing any kind of home are eligible to claim
this credit.
Who is eligible to claim the $6,500 tax
credit?
2. What is the definition of a move-up or repeat home
buyer?
The law defines a tax credit qualified move-up home buyer
(“long-time resident”) as a person who has
owned and resided in the same home for at least five
consecutive years of the eight years prior to the
purchase date. For married taxpayers, the law tests the
homeownership history of both the home buyer and his/her
spouse. That is, both spouses must qualify as long-time
residents, with at least five years of principal
residency for each. Repeat home buyers do not have to
purchase a home that is more expensive than their
previous home to qualify for the tax credit.
3. How is the amount of the tax credit determined?
The tax credit is equal to 10 percent of the home’s
purchase price up to a maximum of $6,500. Purchases of
homes priced above $800,000 are not eligible for the tax
credit.
4. Are there any income limits for claiming the tax
credit?
Yes. The income limit for single taxpayers is $125,000;
the limit is $225,000 for married taxpayers filing a
joint return. The tax credit amount is reduced for buyers
with a modified adjusted gross income (MAGI) above those
limits. 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 $145,000
(single) or $245,000 (married) and is reduced
proportionally for taxpayers with MAGIs between these
amounts.
5. What is “modified adjusted gross income”?
Modified adjusted gross income or MAGI is defined by the
IRS. To find it, a taxpayer must first determine "adjusted
gross income" or AGI. AGI is total income for a year
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, AGI
is the last number on page 1 and the first number on page
2 of the form. For Form 1040-EZ, AGI appears on line 4 (as
of 2007). Note that AGI includes all forms of income
including wages, salaries, interest income, dividends and
capital gains.
To determine modified adjusted gross income (MAGI), add
to AGI certain amounts of foreign-earned income. See IRS
Form 5405 for more details.
6. If my modified adjusted gross income (MAGI) is above
the limit, do I qualify for any tax credit?
Possibly. It depends on your income. Partial credits of
less than $6,500 are available for some taxpayers whose
MAGI exceeds the phaseout limits.
7. Can you give me an example of how the partial tax
credit is determined?
Just as an example, assume that a married couple has a
modified adjusted gross income of $235,000. The
applicable phaseout to qualify for the tax credit is $225,000,
and the couple is $10,000 over this amount. Dividing $10,000
by the phaseout range of $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 $6,500
by 0.5. The result is $3,250.
Here’s another example: assume that an individual
home buyer has a modified adjusted gross income of $138,000.
The buyer’s income exceeds $125,000 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 result is 0.35.
Multiplying $6,500 by 0.35 shows that the buyer is
eligible for a partial tax credit of $2,275.
Please remember that these examples are intended to
provide a general idea of how the tax credit might be
applied in different circumstances. You should always
consult your tax advisor for information relating to your
specific circumstances.
8. How is this home buyer tax credit different from the
tax credit that Congress enacted in July of 2008? How is
this different than the rules established in early 2009?
The previous tax credits applied only to first-time home
buyers and were for different amounts of money.
9. How do I claim the tax credit? Do I need to complete a
form or application? Are there documentation requirements?
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 67 of the 1040 income tax form
for 2009 returns (line 69 of the 1040 income tax form for
2008 returns).
No other applications 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 repeat
home buyer tests. Note that you cannot claim the credit
on Form 5405 for an intended purchase for some future
date; it must be a completed purchase. Home buyers must
attach a copy of their HUD-1 settlement form (closing
statement) to Form 5405 as proof of the completed home
purchase.
10. What types of homes will qualify for the tax credit?
Any home that will be used as a principal residence will
qualify for the credit, provided the home is purchased
for a price less than or equal to $800,000. This includes
single-family detached homes, attached homes like
townhouses and condominiums, manufactured homes (also
known as mobile homes) and houseboats. The definition of
principal residence is identical to the one used to
determine whether you may qualify for the $250,000 / $500,000
capital gain tax exclusion for principal residences.
It is important to note that you cannot purchase a home
from, among other family members, your ancestors (parents,
grandparents, etc.), your lineal descendants (children,
grandchildren, etc.) or your spouse or your spouse’s
family members. Please consult with your tax advisor for
more information. Also see IRS Form 5405.
11. I read that the tax credit is “refundable.”
What does that mean?
The fact that the credit is refundable means that the
home buyer credit can be claimed even if the taxpayer has
little or no federal income tax liability to offset.
Typically this involves the government sending the
taxpayer a check for a portion or even all of the amount
of the refundable tax credit.
For example, if a qualified home buyer expected,
notwithstanding the tax credit, federal income tax
liability of $5,000 and had tax withholding of $4,000 for
the year, then without the tax credit the taxpayer would
owe the IRS $1,000 on April 15th. Suppose now that the
taxpayer qualified for the $6,500 home buyer tax credit.
As a result, the taxpayer would receive a check for $5,500
($6,500 minus the $1,000 owed).
12. Instead of buying a new home from a home builder, I
hired a contractor to construct a home on a lot that I
already own. Do I still qualify for the tax credit?
Yes. For the purposes of the home buyer tax credit, a
principal residence that is constructed by the home owner
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 first
occupancy must be after November 6, 2009 and on or before
April 30, 2010 (or by June 30, 2010, provided a binding
sales contract was in force by April 30, 2010).
In contrast, for newly-constructed homes bought from a
home builder, eligibility for the tax credit is
determined by the settlement date. Be sure to check with
a tax advisor in cases where a HUD-1 form is not used at
settlement to be sure you have sufficient documentation
to attach to IRS Form 5405.
13. Can I claim the tax credit if I finance the purchase
of my home under a mortgage revenue bond (MRB) program?
Yes. The tax credit can be combined with an MRB home
buyer program.
14. I am not a U.S. citizen. Can I claim the tax credit?
Perhaps. Anyone who is not a nonresident alien (as
defined by the IRS) and who has owned and resided in a
principal residence in the United States for at least
five consecutive years of the eight years prior to the
purchase date can claim the tax credit if they meet the
income limits. For married taxpayers, the law tests the
homeownership history of both the home buyer and his/her
spouse. The IRS provides a definition of
“nonresident alien” in IRS Publication 519.
15. Is a tax credit the same as a tax deduction?
No. A tax credit is a dollar-for-dollar reduction in what
the taxpayer owes. That means that a taxpayer who owes $6,500
in income taxes and who receives an $6,500 tax credit
would owe nothing to the IRS.
A tax deduction is subtracted from the amount of income
that is taxed. Using the same example, assume the
taxpayer is in the 15 percent tax bracket and owes $6,500
in income taxes. If the taxpayer receives a $6,500
deduction, the taxpayer’s tax liability would be
reduced by $975 (15 percent of $6,500), or lowered from $6,500
to $5,525.
16. Is there a way for a home buyer to access the money
allocable to the credit sooner than waiting to file their
2009 or 2010 tax return?
Yes. Prospective home buyers who believe they qualify for
the tax credit are permitted to reduce their income tax
withholding. Reducing tax withholding (up to the amount
of the credit) will enable the buyer to accumulate cash
by raising his/her take home pay. This money can then be
applied to the downpayment.
Buyers should adjust the withholding amount on their W-4
via their employer or through their quarterly estimated
tax payment. IRS Publication 919 contains rules and
guidelines for income tax withholding. Prospective home
buyers should note that if income tax withholding is
reduced and the tax credit qualified purchase does not
occur, then the individual would be liable for repayment
to the IRS of income tax and possible interest charges
and penalties.
In addition, rule changes made as part of the economic
stimulus legislation allow home buyers to claim the tax
credit and participate in a program financed by tax-exempt
bonds. As a result, some state housing finance agencies
have introduced programs that provide short-term second
mortgage loans that may be used to fund a downpayment.
Prospective home buyers should check with their state
housing finance agency to see if such a program is
available in their community. To date, 18 state agencies
have announced tax credit assistance programs, and more
are expected to follow suit. The National Council of
State Housing Agencies (NCSHA) has compiled a list of
such programs, which can be found here.
17. HUD allows “monetization” of the tax credit.
What does that mean?
It means that HUD will allow buyers using FHA-insured
mortgages to apply their anticipated tax credit toward
their home purchase immediately rather than waiting until
they file their 2009 or 2010 income taxes to receive a
refund. These funds may be used for certain downpayment
and closing cost expenses.
Under the guidelines announced by HUD, non-profits and
FHA-approved lenders are allowed to give home buyers
short-term loans. The guidelines also allow government
agencies, such as state housing finance agencies, to
facilitate home sales by providing longer term loans
secured by second mortgages.
Housing finance agencies and other government entities
may also issue tax credit loans, which home buyers may
use to satisfy the FHA 3.5 percent downpayment
requirement.
In addition, approved FHA lenders can purchase a home
buyer’s anticipated tax credit to pay closing costs
and downpayment costs above the 3.5 percent downpayment
that is required for FHA-insured homes.
More information about the guidelines is available on the
NAHB web site. Read the HUD mortgagee letter (pdf) and an
explanation of the FHA Mortgagee Letter on Tax Credit
Monetization (pdf). An FAQ about monetization (pdf) is
available at the NAHB web site.
18. If I’m qualified for the tax credit and buy a
home in 2009 (or 2010), can I apply the tax credit
against my 2008 (or 2009) tax return?
Yes. The law allows taxpayers to choose (“elect”)
to treat qualified home purchases in 2009 (or 2010) as if
the purchase occurred on December 31, 2008 (or if in 2010,
December 31, 2009). This means that the previous
year’s income limit (MAGI) applies and the election
accelerates when the credit can be claimed. A benefit of
this election is that a home buyer in 2009 or 2010 will
know their prior year 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
prior year tax return, but who have already submitted
their tax return to the IRS, may file an amended return
claiming the tax credit using Form 1040X. You should
consult with a tax professional to determine how to
arrange this.
19. For a home purchase in 2009 or 2010, can I choose
whether to treat the purchase as occurring in the prior
or present year, depending on in which year my credit
amount is the largest?
Yes. If the applicable income phaseout would reduce your
home buyer tax credit amount in the present year and a
larger credit would be available using the prior year
MAGI amounts, then you can choose the year that yields
the largest credit amount.
20. How can two unmarried buyers allocate the tax credit
if one qualifies for the $8,000 first-time home buyer tax
credit and the other qualifies for the $6,500 repeat home
buyer credit?
The buyers can allocate the tax credit in any reasonable
manner, provided neither claims a tax credit higher than
the one they qualify for and the home purchase does not
yield a total of more than $8,000 in tax credits. For
example, the repeat home buyer could claim $6,500 and the
first-time home buyer could claim $1,500. Alternatively,
both buyers could claim a $4,000 tax credit.
21. Does a married couple qualify for any home buyer tax
credit in the following situation? Spouse A has lived in
and owned the same principal residence for at least five
years. Spouse B has lived in and owned the same principal
residence for less than five years.
In this situation, the couple does not qualify for any
home buyer tax credit. Because the couple is married, the
law tests the ownership history of both spouses. Spouse A
clearly does not qualify for the $8,000 first-time home
buyer tax credit, so neither does Spouse B.
Spouse A does appear to qualify for the $6,500 repeat
buyer credit, but because Spouse B has not owned and
lived in the same principal residence for at least five
years, neither of them can claim the repeat home buyer
tax credit.
What a difference a year will make
Higher rates are likely for some filers in 2011, and 2010
could bring tax overhaul
By Andrea Coombes, MarketWatch - SAN FRANCISCO (MarketWatch)
–
Some Americans likely will find their tax bills rising in
about a year.
The George W. Bush-era tax cuts expire at the end of 2010
and the current outlook is that high-income Americans
will take the brunt of the pain as income-tax and capital-gains
rates revert to higher levels. But experts also say it's
highly likely Congress will act to protect middle- and
lower-income taxpayers.
Deaf ear on jobs pleasPresident Barack Obama visited a
Home Depot to push a new program aimed at job creation.
But WSJ's Jonathan Weisman wonders if Congress is
listening.
"There are no facts about the future but if there
were one it would be that the Bush tax cuts for the
people below married couples above $250,000 are not going
to get extended," said Clint Stretch, Washington-based
managing principal of tax policy at Deloitte Tax, a
consulting firm.
Others agreed -- with caveats. "The general sense
has been that we are not going to have higher rates for
anyone who doesn't make $250,000 or more," said
Grace Allison, tax strategist with Northern Trust in
Chicago.
"The problem that Congress is going to be up against
is that extending the Bush tax cuts for lower- and middle-income
taxpayers costs a little over $1 trillion over 10 years,"
Allison said. "So, basically, it's going to be a
very interesting year."
That might be an understatement. In early 2010, President
Obama's tax panel, headed by former Federal Reserve
Chairman Paul Volcker, is expected to publish its ideas
on possible reform strategies.
"That could form the basis for a major tax-reform
proposal," said Mark Luscombe, a principal analyst
with CCH Inc., a Riverwoods, Ill., tax publisher and unit
of Wolters Kluwer. "Of course, we had a tax-reform
panel during the Bush administration. It issued its
report and it was ignored, so that's always a possibility."
More tax hikes -- and tax cuts
But wait, there's more -- at least for some taxpayers.
Proposals to pay for health-care reform, should they come
to pass, could bring even higher tax rates for high-income
filers. In the House bill, for instance, there's 5.4%
surtax on modified adjusted gross income in excess of $500,000
for single filers or $1 million for couples.
And, keep in mind: Some of Bush's tax cuts aren't done
phasing in yet. While higher-income filers for years have
been subject to a reduction (usually about 3%) in the
value of their itemized deductions and personal
exemptions, that hit has gotten progressively smaller in
recent years, thanks to Bush's 2001 tax law. In 2010,
higher-income individuals can take full advantage of
itemized deductions and exemptions without facing that
reduction. After 2010, that tax hit is back in full swing.
Meanwhile, a number of other tax perks are likely to be
extended for 2010, including the deduction for state and
local sales tax, the additional standard deduction for
real property taxes, the deduction for tuition and
educational expenses, and a deduction for teachers'
classroom expenses. The House passed the Tax Extenders
Act of 2009 on Dec. 9. Until the Senate acts, there's no
guarantee what the final law will look like, but experts
said those provisions will likely pass.
And the estate tax? $200,000 a year are going to get
extended, and the Bush tax cuts for singles above $200,000
and
It's likely lawmakers will enact
legislation to make sure the tax doesn't disappear in
2010 as current law has it doing, experts said. The House
passed a bill Dec. 3 that makes permanent the 2009
provisions: a top marginal rate of 45% on estates larger
than $3.5 million or $7 million for married couples. Now
it's up to the Senate to act. (Current law has the estate-tax
rate reverting to a 55% levy on estates worth more than $1
million after 2010.)
Some are predicting Congress will enact a one-year
extension of the 2009 law and then revisit the issue in
2010, CCH's Luscombe said.
Capital-gains rates set to rise
Lawmakers are likely to address the demise of the Bush-era
income-tax cuts relatively early in the year, some say.
"Next year is an election year and I think it is not
in their interests to have been unable to resolve tax
cuts for the middle class going into the election,"
Stretch said. "The incumbents want to be able to go
around the country talking about how they voted for a
bill extending the tax cuts for middle-class taxpayers."
Right now, the marginal tax rates are 10%, 15%, 25%, 28%,
33% and 35%.
Obama and some Democrats propose to keep the lowest four
rates, but let the highest two revert back to their pre-2001
levels of 36% and 39.6%.
If lawmakers do nothing, the tax rates would revert to
their earlier levels of 15%, 28%, 31%, 36% and 39.6%.
The Bush legislation also brought a 15% tax rate on long-term
capital gains and qualified dividends. And the rate drops
to 0% for filers in the lowest two tax brackets.
Those rates, too, are set to expire at the end of 2010.
Under current law, capital-gains rates would go back to
20% (10% for some lower-income filers) and qualified
dividends would be taxed as ordinary income up to the top
rate of 39.6%.
Obama proposes to levy capital-gains and dividend tax
rates of 20% for taxpayers in the two highest income-tax
brackets, and let the 15% and 0% rates continue for those
in lower brackets.
Still, don't let tax law guide your investment decisions.
"There's going to be a lot of excited talk about tax
rates going up. People ought to engage their common sense
before they go out and do a lot of stuff," Deloitte's
Stretch said, adding that a 15% versus 20% rate on $10,000
is $500 of tax savings and "not a big deal."
However, if you're in a higher-income bracket, you'll
probably want to avoid delaying income past 2010 if you
don't need to. "You'd be deferring it into a higher
tax rate if you're in those upper tax brackets,"
said Greg Rosica, Tampa, Fla.-based tax partner at Ernst
& Young and co-author of the "The Ernst &
Young Tax Guide."
"Conversely, deductions that you might be able to
take in 2010 or 2011 might be much more valuable to you
in 2011 because they'll offset a higher tax rate in 2011."
Alternative minimum tax
In previous years, lawmakers included a "patch"
for the alternative minimum tax in their end-of-year
extenders bill, but no such fix is in the current House
version, likely because of the cost.
Because the AMT is not indexed to inflation, it needs an
annual tweak to ensure millions more taxpayers don't fall
prey to this parallel tax system.
Fixing the AMT "is very, very, very expensive and
that is going to be one of the other issues that will
come to the fore in 2010," Allison said. "What
to do with the alternative minimum tax?"
Roth IRA conversion
A useful perk for high-income savers: Starting Jan. 1,
there's no income limit on who can convert from a
traditional to a Roth IRA. While there are good reasons
to consider a Roth -- tax-free growth and beneficial
inheritance rules among them -- proceed with caution.
For instance, if you don't have cash on hand to pay the
income-tax bill that comes due when you pull out your IRA
money, be careful. "Say you've got some other assets,
but to convert to cash you have to pay capital gains,
then [a conversion] becomes a less attractive option for
you," said John H. Gin of Gin and Associates, an
Ameriprise Private Wealth Advisory practice in Metairie,
La.
Also, people in high-income-tax states should keep in
mind that some state exemptions get phased out at higher
income levels, Gin said. "A lot of these Roth
conversion calculators don't take that into account."
If you do convert to a Roth in 2010, you can choose to
pay half the taxes in 2011 and half in 2012 -- but opting
to do it in 2010 may make more sense for higher-income
taxpayers because of the likelihood of tax-rate increases
in 2011.
Still, some advisers say Roth IRAs make sense for plenty
of people. "That's an account that continues to grow
tax-free and everything comes out of it, including the
earnings, tax-free down the road," Rosica said.
Also, Roth IRAs "can be left to family members with
much more favorable tax consequences as to when they have
to start withdrawing than the traditional IRA," he
said. "It's hard to give any kinds of rules of thumb
on this one but particularly if it's a wealthier family
that doesn't anticipate needing to draw from their IRA to
fund retirement and intends to leave it to family members,
this is probably a very attractive exercise for them to
look at."
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Amherst - Annandale - Appomattox - Ashburn - Ashland -
Bassett - Bedford - Berryville - Big Stone Gap -
Blacksburg - Blackstone - Bluefield - Boones Mill -
Bridgewater - Bristol - Broadway - Brookneal - Buena
Vista - Bumpass - Burke - Cape Charles - Castlewood -
Catlett - Cave Spring - Centreville - Chantilly - Charles
City - Charlottesville - Chase City - Chatham - Chester -
Chesterfield - Chilhowie - Chincoteague - Christiansburg
- Clifton Forge - Clintwood - Coebur - Collinsville -
Colonial Heights - Crewe - Culpeper - Dale City -
Danville - Disputanta - Dublin - Dumfries - Earlysville -
Edinburg - Elkton - Emporia - Evington - Exmore -
Farmville - Ferrum - Forest - Fort Lee - Franklin - Fries
- Front Royal - Galax - Gate City - Glade Spring - Glen
Allen - Goochland - Gretna - Grundy - Halifax Hardy -
Harrisonburg - Hayes - Herndon - Highland Springs -
Hillsville - Hopewell - Hurley - Hurt - Jarratt -
Jefferson - Jonesville - Kenbridge - King George - Lake
Ridge - Lancaster - Lebanon - Leesburg - Lexington -
Locust Grove - Louisa, Virginia - Luray Lynchburg -
Madison Heights - Manakin Sabot - Marion - Marshall -
Martinsville - Mclean - Meadowview - Mechanicsville -
Middleburg - Middletown - Midlothian - Mineral - Moneta -
Monroe - Montpelier - Montross - Mount Vernon - Narrows -
Nokesville - Norton - Oakton - Pearisburg - Pennington
Gap - Petersburg - Poquoson - Powhatan - Prince George -
Pulaski, Virginia - Quantico - Quinton - Radford - Reston
- Richlands - Ridgeway - Rocky Mount - Rural Retreat -
Rustburg - Ruther Glen - Salem - Saltville - Sandston -
Scottsville - Shenandoah - Smithfield - South Boston -
South Hill - Spotsylvania - Stafford - Stanley - Staunton
- Stephens City - Sterling - Strasburg - Stuart - Stuarts
Draft - Suffolk - Tappahannock - Tazewell - The Plains -
Troutville - Tuckahoe - Vansant - Verona - Victoria -
Warrenton - Waverly - Waynesboro - West Point, Virginia -
West Springfield - Williamsburg - Winchester -Windsor -
Wise - Woodford - Woodstock - Wytheville - Yorktown
Virginia
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