Homebuyer Tax Credit Deadline Looming

There are some very important deadline dates that you should be aware of if you intend to take advantage of the Tax Credit.  The first is April 30th, 2010.  If you are purchasing a property and you intend to receive the tax credit, you must have the property under contract by April 30th, 2010.  The second date is June 30th, 2010.  You have to close on the above referenced property by June 30th, 2010 in order to receive the tax credit.

There is ZERO indication that the credit will be extended beyond those dates, so please do not tempt fate and prolong your home buying/selling process under the premise that the tax credit will be extended.  The strongest Congressonal and Administration proponents of this Law have clearly indicated that this is a one-time opportunity and there is no intention to extend it beyond this summer.

The website http://homebuyertaxcredit.com is an excellent resource for information regarding the Tax Credit.  Below you will find some questions and answers from their website which help to clarify who is eligible, how they are eligible and the process.  If you have any questions, please feel free to give me a call at 404-431-2117.

Q. What are the basic eligibility requirements for a first-time home buyer?

To qualify for the first-time home buyer tax credit, you cannot have owned a home as your principal residence in the three years prior to closing.

Q. How much is the first-time home buyer tax credit?

The first-time home buyer tax credit is 10% of your purchase price up to $8,000.

Q. I bought a home once before, but sold it years ago. Do I still qualify as a first-time home buyer?

For the first-time home buyer tax credit, you qualify as a first-time home buyer so long as you have not owned a primary residence in the past three years prior to closing on your new property. So if you owned a home in the past, but sold it more than three years ago, you would qualify as a first-time home buyer.

Q. Can I qualify as a first-time home buyer if I rent my primary residence, but own an investment property or vacation home?

Yes, you could still qualify as a first-time home buyer. Even if you own property, you are still eligible if you have not used that property as your primary residence within the prior three years.

Q. Can I get a credit if I currently own a home?

To qualify as a long-time homeowner, you must have owned a home that you lived in as your personal residence for five consecutive years out of the previous eight years prior to closing.

Q. Can I get the tax credit if I lived in one home for four years, sold it, and then immediately bought and lived in another home for the last two years?

You would not qualify. In order to be eligible for the long-time homeowner tax credit, you must live in the same home for five consecutive years out of the last eight.

Q. Can I get the long-time homeowner credit if I otherwise qualify, even if I don’t sell my previous home?

Yes, the law does not require that you sell the home that you lived in for five consecutive years out of the last eight years. You can keep title to it. However, you have to make the qualifying home your principal residence, so you can’t live in the prior home.

Q. Can I get the credit if I owned one home for ten years, and my current home for three?

No, to get the long-time homeowner home buyer tax credit, you must have lived in your current residence for at least five consecutive years out of the last eight.

Q. Can I sell my current home, and buy a less expensive home, and qualify for the “step-up” tax credit?

Yes. The term “step up” is misleading, because nothing in the law requires that you have to “step up” in value. You do not have to buy a more expensive home. We try to use the term “long-time homeowner tax credit” to make it clear how the credit works.

Q. How much can I make and still qualify for the tax credit?

The tax credit is only available at certain income levels: up to $125,000 for single filers and $225,000 for joint filers. The income limits are the same for both first-time home buyers and long-time homeowners. If you make within $20,000 of those limits, you can still qualify for a partial tax credit. But if you make over $145,000 for single filers or $245,000 for joint filers, you are not eligible.

Q. How do I figure out my “modified adjusted gross income” or “MAGI”?

You really should talk to your accountant about it, but generally speaking, your MAGI is what we all colloquially think of as our “income” – wages, salaries, interest income, dividends, and capital gains. Your MAGI also includes certain foreign income, but very few people have that. Note that your MAGI will be reduced by certain deductions such as alimony, but not the ‘below the line” itemized deductions that are on Schedule A of your tax return. Since your MAGI is very close to the “adjusted gross income,” or “AGI,” you can check your last tax return to see what you make: the AGI is the last number on Form 1040or 1040A.

Q. How is the partial credit figured?

The partial tax credit is available for taxpayers whose income is within $20,000 of the income limits: so up to $145,000 for single filers and $245,000 for joint filers. If your income is within that “phase out range,” you get a partial credit based on how much of your income is within that range. For example, if your MAGI is $130,000 as a single filer, that means you’re $5,000 into that $20,000 range. That’s 25% of the range, leaving 75% still in the range. So you would get 75% of the tax credit you’re entitled to: $6,000 if you’re a first-time home buyer (75% of $8,000) or $4,875 if you’re a long-time homeowner (75% of $6,500).

Q. When do I have to be in contract?

In order to claim either first-time home buyer tax credit, or the long-time homeowner tax credit, you have to be in contract by April 30, 2010. This is a hard deadline, with no extensions.

Q. When do I have to be in closed?

In order to claim either first-time home buyer tax credit, or the long-time homeowner tax credit, you have to be closed by June 30, 2010. This is a hard deadline, with no extensions.

Q. What if my closing is delayed because of problems with appraisals, attorney delays, etc.?

It doesn’t matter. The IRS has been very exacting with the deadlines. If you don’t close by midnight June 30, 2010, you will not be able to claim the tax credit.

Q. What if I was already in contract at the time the law was passed in November?

It doesn’t matter when you went into contract, so long as you are in contract by April 30, 2010. So long as you otherwise qualify, and close by June 30, 2010, you will get the tax credit. Obviously, a number of people who got into contract without realizing they were going to be eligible for the tax credit are going to get a windfall.

Q. What if I was not eligible for a tax credit on the law prior to November 2009, and closed before the new law? Can I get a tax credit?

No, the law only applies to closings after November 6, 2009, and before June 30, 2010. If you closed on November 6, 2009 or earlier, and did not qualify for the tax credit at the time of your closing, you cannot get the new tax credit.

Q. If I am buying with someone else, and we both qualify, do we get two tax credits?

No, the tax credit is allocated according to the purchase, not the number of purchasers. So if two people who both qualify purchase a house together, they would split the applicable tax credit.

Q. What if I qualify for the credit, but my spouse does not?

In order to claim either the first-time home buyer tax credit, or the step-up home buyer tax credit, both spouses must be eligible. So if you are eligible, but your spouse is not eligible for whatever reason, neither of you can claim the tax credit.

Q. What if my income is within the limitations, but my spouse’s income is above the limitations?

In that case, unfortunately, neither of you qualify for the tax credit. Both of you must qualify.

Q. What if I previously owned a home in the past three years, but my spouse never owned a home?

In that case, unfortunately, neither of you qualify for either tax credit. You are ineligible for the first-time home buyer tax credit because you owned a home in the past three years, and she is ineligible for the long-time homeowner tax credit because she never owned a home before.

Q. What if my wife and I just got married after living in separate homes, and both qualify for the long-time homeowner tax credit for our prior homes.

Unfortunately, you don’t qualify. In order for a married couple to qualify for the “step-up” home buyer tax credit, both spouses must qualify by owning the SAME principal residence. You each owned separate principal residences, so even though you both might qualify separately, you don’t qualify together.

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Elliott Robinson, JD – Associate Broker
Keller Williams Realty Metro Atlanta
315 West Ponce de Leon Ave., Ste. 100
Decatur, GA 30030
(404) 431-2117
Web: www.elliottyouragent.com
Blog – www.elliottonrealestate.com
Twitter – http://twitter.com/elliottrob