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IRS Sets New Rules for Tax Credit

December 13th, 2009

Daily Real Estate News | December 7, 2009 |

IRS Sets New Rules for Tax Credit
The IRS has spelled out guidelines for eligibility for the home buyer credit when co-borrowers purchase a property.

When a home-owning parent of an adult child co-signs for a mortgage and both names appear on the note, the IRS says that under some circumstances, the first-time home buyer can qualify for the whole amount.

The IRS says the parent doesn’t qualify for any portion of the credit, but if the child hasn’t owned a home during the three years preceding the current purchase and can qualify based on income, he or she can be allocated the entire $8,000 credit.

When unmarried individuals co-purchase a home and only one of them is eligible for the credit, then the full $8,000 can be allocated to the eligible buyer.

Source: Washington Post Writers Group, Kenneth R. Harney (12/04/2009)

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First Time Homebuyer Tax Credit Extended

December 8th, 2009

First Time Homebuyer Tax Credit Extended Into 2010!
Plus…A New Tax Credit for Certain Existing Home Owners!

It’s official. President Obama has signed a bill that extends the tax credit for first-time homebuyers (FTHBs) into the first half of 2010. This program had been scheduled to expire on November 30, 2009.

In addition to extending the tax credit of up to $8,000 through June 30, 2010, the extension measure also opens up opportunities for others who are not buying a home for the first time.

So Who Gets What?
The program that has existed for FTHBs remains intact with the one exception that more people are now eligible based on an increase in the amount of income someone may now earn.

Additionally, the program now gives those who already own a residence some additional reasons to move to a new home. This incentive comes in the form of a tax credit of up to $6,500 for qualified purchasers who have owned and occupied a primary residence for a period of five consecutive years during the last eight years.

Deadlines
In order to qualify for the credit, all contracts need to be in effect no later than April 30, 2010 and close no later than June 30, 2010.

Higher Income Caps in Effect
The amount of income someone can earn and qualify for the full amount of the credit has been increased.

Single tax filers who earn up to $125,000 are eligible for the total credit amount. Those who earn more than this cap can receive a partial credit. However, single filers who earn $145,000 and above are ineligible.

Joint filers who earn up to $225,000 are eligible for the total credit amount. Those who earn more than this cap can receive a partial credit. However, joint filers who earn $245,000 and above are ineligible.

Maximum Purchase Price
Qualifying buyers may purchase a property with a maximum sales price of $800,000.

First-Time Homebuyer Tax Credit – Frequently Asked Questions
Here are answers to some commonly asked questions about the tax credit.

What is a tax credit?
A tax credit is a direct reduction in tax liability owed by an individual to the Internal Revenue Service (IRS). In the event no taxes are owed, the IRS will issue a check for the amount of the tax credit an individual is owed. Unlike the tax credit that existed in 2008, this credit does not require repayment unless the home, at any time in the first 36 months of ownership, is no longer an individual’s primary residence.

What is the tax credit for first-time homebuyers (FTHBs)?
An eligible homebuyer may request from the IRS a tax credit of up to $8,000 or 10% of the purchase price for a home. If the amount of the home purchased is $75,000, the maximum amount the credit can be is $7,500. If the amount of the home purchased is $100,000, the amount of the credit may not exceed $8,000.

Who is eligible for the FTHB tax credit?
Anyone who has not owned a primary residence in the previous 36 months, prior to closing and the transfer of title, is eligible. This applies both to single taxpayers and married couples. In the case where there is a married couple, if either spouse has owned a primary residence in the last 36 months, neither would qualify. In the case where an individual has owned property that has not been a primary residence, such as a second home or investment property, that individual would be eligible.

As mentioned above, the tax credit has been expanded so that existing homeowners who have owned and occupied a primary residence for a period of five consecutive years during the last eight years are now eligible for a tax credit of up to $6,500.

How do I claim the credit?
For those taking advantage of the tax credit in 2009, you may choose to either apply for the credit with your 2009 tax return or you may apply for the credit sooner by filing an amended 2008 tax return with Form 5405 (http://www.irs.gov/pub/irs-pdf/f5405.pdf).

Can you claim the tax credit in advance of purchasing a property?
No. The IRS has recently begun prosecuting people who have claimed credits where a purchase had not taken place.

Can a taxpayer claim a credit if the property is purchased from a seller with seller financing and the seller retains title to the property?
Yes. In situations where the buyer purchases the property, even though the seller retains legal title, the taxpayer may file for the credit. Examples of this would include a land contract, contract for deed, etc. According to the IRS, factors that would demonstrate the ownership of the property would include: 1. the right of possession, 2. the right to obtain legal title upon full payment of the purchase price, 3. the right to construct improvements, 4. the obligation to pay property taxes, 5. the risk of loss, 6. the responsibility to insure the property and 7. the duty to maintain the property.

Are there other restrictions to taking the credit?
Yes. According to the IRS, if any of the following describe your situation, a credit would not be due.

  • You buy your home from a close relative. This includes your spouse, parent, grandparent, child or grandchild.
  • You do not use the home as your principal residence.
  • You sell your home before the end of the year.
  • You are a nonresident alien.
  • You are, or were, eligible to claim the District of Columbia first-time homebuyer credit for any taxable year. (This does not apply for a home purchased in 2009.)
  • Your home financing comes from tax-exempt mortgage revenue bonds. (This does not apply for a home purchased in 2009.)
  • You owned a principal residence at any time during the three years prior to the date of purchase of your new home. For example, if you bought a home on July 1, 2009, you cannot take the credit for that home if you owned, or had an ownership interest in, another principal residence at any time from July 2, 2006, through July 1, 2009.

Can you buy a home from a step-relative and be eligible for the credit?
Yes. Provided the person you are buying a home from is not a direct blood relative, the purchase would be allowed.

Can parent(s) who will not live in the property cosign for a mortgage for their child and the child that is a qualifying FTHB still be eligible for the credit?
Yes.

Can a separated spouse who has not owned a home for four years qualify for the FTHB tax credit if the spouse has owned a property anytime in the last three years?
No. However, the spouse may be eligible for the repeat buyer credit. The best path to take in any situation regarding income taxes is to speak with a professional tax preparer or CPA.

If you have any questions that fall outside the situations here, give me a call and if you do not have an accountant to speak with, I can refer you to one.

Your Real Estate Expert,

Grant M. Hickman GRI, ABR, e-Pro

#1 SCHNEIDER Home Buying & Selling Team

Direct: (314) 265-1531

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Tax Credit is Extended

November 9th, 2009

Good news all around today–the $8,000 tax credit for first time homebuyers has been extended to June 30, 2010. This action will encourage a robust housing market in the first quarter of 2010 and affect home prices.

The legislation also includes a $6,500 tax credit for people who currently own a home and want to buy up. Qualifications are owning and occupying a home for at least five of the past eight years. Buyers must have a signed contract in hand by April 30 and close by June 30.
And, the income limit has been increased too. The ceiling for single buyer income is now $125,000 and for married couples $225,000. Increasing the income limit will stimulate more purchases of pricier properties.

Merle Schneider, co-owner/broker and vice president of operations for SCHNEIDER Real Estate, is very optimistic about the future of the St. Charles housing market. “These new tax credits will encourage potential buyers who weren’t quite ready to purchase take another look around at properties in St. Charles.

“The first tax credit, which helped more than 400,000 homebuyers, is a success and now gives confidence to more homebuyers. This comes at a great time, ready for the spring 2010 buying and selling season.”

More positive indicators were released this week. Grant Hickman, a real estate expert with SCHNEIDER, notes that existing homes sales are up 9.4% in September, and pending home sales are also up, 6.1% in September. “These findings by the National Association of Realtors are exciting,” he says.

“We are making progress toward recovery. With the tax credit extension, inclusion of current homeowners, and the income increase, more buyers will see what a bargain St. Charles County is. We have a great atmosphere, excellent services and a wide range of housing stock. This week’s government actions will serve our area very well.”

Written by Myra Vandersall

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First-time homebuyers are looking at the real possibility of a tax credit extension into 2010

October 30th, 2009

Lawmakers are also considering tax credits for repeat buyers to enhance local economies

With the first-time homebuyer $8,000 tax credit set to expire at the end of November, both the Senate and House of Representatives are busy working through agreements to extend this popular program, and keep in place the loan limit for U.S.-backed mortgages at $729,750 for two years, thereby holding down interest rates.

More than 1.4 million first-time buyers have benefited from the $8,000 tax credit and that incentive helped to increase home sales in St. Charles County by 10.6% this September, compared to a year ago. St. Louis County saw an increase of 5.8% during the same period. The median home price has declined during the same time frame, by 3.4% in St. Charles County and 0.7% in St. Louis County.

To keep the up tick in housing sales going, legislators are trying to extend the tax credit incentive through June of 2010 for homebuyers who have a contract on a house by the end of April. Also proposed is up to $6,500 in tax credits for repeat buyers who have owned their home for at least five years, and an income increase to $125,000 a year for individuals and $225,000 for couples.

The Senate is expected to look at the extended tax credits next week (it’s been bundled with legislation to extend unemployment insurance) and then the House will have it’s chance to pass the legislation.

Without a doubt, the tax credits, decreased interest rates, various home ownership program assistance have helped countless qualified buyers purchase a home, and have provided more jobs for Americans in desperate need of jobs.

No doubt, this has been a rough patch for our citizens, our economy and our state of being. With extended housing incentives, we’ll be that much further to recovery and a positive outlook.

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Have Patience and Bet On the Turtle for a Robust Housing Market

May 26th, 2009

New home builders are feeling a bit peppy these days as builder confidence rose two points in May for the second straight month, according to a report by The National Association of Home Builders (NAHB)/Wells Fargo Housing Market Index. This is the first back-to-back increase in builder confidence since February 2008.
The index gauges builder confidence in the market for newly built, single family homes.
CEO Jerry Howard says that the two consecutive months of gains in the index “are encouraging. We hope we are approaching the bottom and market stability is just around the corner.”

But wait. There’s the good news/cautious news scenario. The good news is the worst of the housing market problems may be over, but right now the housing market is improving at turtle speed. So, if you’re a bettor, place your money on the turtle and not the hare.

Sure, we want the economy to turn around, offer housing for qualified homebuyers and emerge from the three-year housing slump in good shape. Past experience has proven that sky rocketing growth with little control has not been favorable for our economy and the housing market.

Slowly but surely the housing market and the economy edge upward, and that’s the sensible way to recovery. We’ll see the beginning of a bounce back in early fall of 2009, but don’t expect to see the housing market equilibrium to stabilize until 2012.

Key to the housing industry is the first time homebuyer, who can take advantage of the $8,000 tax credit. This group of homebuyers is contributing stability and growth to the housing industry. Lending is another issue, but builders and Realtors hope that historic low mortgage rates, qualified buyers and lower purchase prices will encourage lenders to jump into the housing market and make lending available to worthy buyers.

Slow but sure wins the race and that’s the way to go now. There are new and existing real estate opportunities out there for you. The Grant Hickman Team understands the St. Charles market and will help you make the right choice.

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