Posts Tagged ‘2009 Tax Law Changes’

IRS Provides Guidance & Procedures for New Homebuyer Credit

Friday, January 15th, 2010

The requirements to qualify for and receive the new homebuyer credit has been a “work-in-progress” provision of the Federal tax regulations for many months.  Initially promulgated via the  Housing and Economic Recovery Act of 2008 the law provided for a new refundable tax credit for individuals who were qualified first-time homebuyers of a principal residence in the United States. For 2008, the credit applied to the purchase of a principal residence which was purchased after April 8, 2008, and on or before December 31, 2008.  It provided qualified taxpayers with a one-time tax credit in the year of purchase.   However, the law required that the credit be repaid over a 15-year period.  It was in essence an interest free loan.

In 2009 the law was changed to provide for the tax credit with no re-payment requirement.  However, it was still limited to first time homebuyers.  It was due to expire on November 30, 2009.  Then on November 6th Congress and the President extended the provisions of the law  in to 2010 to include a home purchased after November 6th and on contract on or before April 30, 2010.  The actual closing must occur on or before June 30, 2010.  The credit is claimed using Form 5405 which is filed along with the individual tax return.  That form was recently revised by the Internal Revenue Service but the documentation requirements are significantly more stringent.  However, several written documents must be included with the tax return and the Form 5405. Taxpayers also can not file their tax returns electronically, and must paper file.  This requirement not only extends the time frame for the receipt of a tax refund, it also increases the risk that an administration processing error may occur or that tax returns may be questioned by the IRS.  Instructions for the completion of the Form 5405 and the associated required supporting documentation can be found on the IRS website (http://www.irs.gov)   Here is the information that was provided by the IRS today:

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First-Time Homebuyer Credit

Tuesday, November 24th, 2009

The name for this relatively new tax credit is somewhat misleading.   Although Congress started out in this direction (limiting the credit to those taxpayers who qualified as a “first time homebuyer”) on November 6, 2009 the Worker, Homeownership and Business Assistance Act of 2009 expanded the provisions of the law (Public Law 111-92) to include those  current homeowners who are qualified.  

2008 Federal tax returns required the completion of Form 5405 with the tax credit amount being posted on line #69 of the Form 1040.  If you download the form from the IRS website (http://www.irs.gov) you’ll also find the instructions for the completion of the form plus information regarding who is eligible for the credit and who is not.  Additionally, the 2008 version of the form can only be used for homes that were purchased before November 7, 2009 for which an election was made to claim the credit on the 2008 return.  A new version of the form will be released by the IRS in December 2009 for all qualified home purchases that were made after November 6, 2009 (whether the credit is claimed for 2008 or for 2009) and for all claims on 2009 tax returns for homes that were purchased at any time in 2009.  

First time homeowners can still qualify for a maximum tax credit of $8,000.00.  The maximum tax credit for a current homeowner is limited to a statutory maximum of $6,500.00.  The new law extends the deadline for qualifying home purchases from the original expiration date of November 30, 2009, to April 30, 2010.  Additionally, if a buyer enters into a binding contract by April 30, 2010, the buyer has until June 30, 2010, to settle on the purchase which is usually accomplished through the closing process with either a title company or an attorney.

Recent information from the Internal Revenue Service follows:

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