Tax Credit

 

A recent U.S. Tax Court ruling clarified the IRS position that the $1.1 million limit for mortgage interest deduction applies per residence and not per taxpayer as some high-priced homeowners were hoping.

A married homeowner filing jointly can have fullly deductible interest on a mortgage of up to $1,000,000 of acquisition debt and up to an additional $100,000 of home equity debt. If the married couple files separately, each party is limited to deducting the interest on half of those maximum amounts.

The court case came about when two unmarried individuals who owned a home together as joint tenants felt that they were entitled to deduct the interest on $1.1 million of debt each. IRS did not agree with their understanding and neither did the Tax Court. The Court ruled that the limits apply per residence, not per taxpayer even if a home is co-owned by unmarried taxpayers.

The result for the taxpayers in this case was that their deduction was cut in half resulting in much more income tax due. While this situation only affects a few taxpayers, homeowners in this position should have a discussion with their tax professional.

First Time Homebuyer Tax Credit Passes House

Congress passed an expanded version of the first-time homebuyer tax credit today. The bill is expected to be signed by Obama as early as tomorrow. The tax credit remains capped at $8,000, but the income limits for the first-time buyers has been raised, which will serve to allow even greater numbers of buyers to participate.

 

In the bill, income limits for buyers claiming the tax credit will be raised from $75,000 to $125,000 for individuals and from $125,000 to $225,000 for couples. The maximum ceiling for a home purchase under this program is $800,000. (Not bad for a first time purchase.)

 

There is an additional provision in the bill that allows for a tax credit of up to $6,500 to existing homeowners should they sell an existing primary residence and purchase another. Under that provision, they must have lived in the home for at least five of the past eight years.

Interestingly, the Senate approved the bill last week by a vote of 98-0. It passed in the House 403-12.

First Time Homebuyer Tax Credit Extended

According to news reports this morning, the current $8,000 first time home buyer tax credit will be extended for contracts that are consummated by April 30, 2010 and close by June 30, 2010.   Senate negotiators have reached an agreement  that would allow the first-time home buyer tax credit to not only be extended, but expanded as well.
 
The changes are as follows:
 
The current $8,000 first time home buyer tax credit extended for contracts that are fully executed by April 30, 2010 and must close by June 30, 2010.
 
There will be a new $6,500 tax credit that will be available to some existing homeowners who had to move out of their primary residence because they couldn’t sell.  It appears that this may be applied to those who lived in their home for a “consecutive” 5 years out of the past 8 years.  More details to come.
 
The income limits to qualify for this credit are supposed to be raised by roughly 65 percent on average. To qualify, individual first time homebuyers may now earn up to $125,000 and married first time homebuyer couples may now earn up to $225,000. The current tax credit limits are $75,000 for individuals and $150,000 for married couples.

Q: When does the $8,000 new buyer tax credit expire?

The new buyer tax credit applies if you are a first time buyer and close on a primary residence between January 1st and December 1st 2009.  However, a bill has just been introduced that would not only raise the tax credit to $15,000, but would also make the credit available on any primary residence purchase, even if not the case of a first time buyer. The bill would also eliminate the current income ceilings of $75,000 for individuals and $150,000 for couples.

First-time homebuyers: How to get the $8,000 tax credit

This has been a hot topic, so we thought that this article may help answer a lot of common questions:

First-time homebuyers: How to get the $8,000 tax credit

WASHINGTON – Feb. 17, 2009 – How does a first-time homebuyer take advantage of the $8,000 tax credit that President Obama is expected to sign into law tomorrow? It comes with a few rules. According to the most recent analysis, the following rules will apply – though things could change as tax professionals weigh the details:

• The deduction is worth 10 percent of a home’s value up to $8,000, which means all homes worth more than $80,000 could qualify for the maximum amount.

• There is an income limit to qualify. A married couples’ modified adjusted gross income (MAGI) should be under $150,000 and single filers’ MAGI should be less than $75,000.

• Partial tax credits may be available for married couples with MAGI incomes over $150,000 but under $170,000, and single filers with incomes over $75,000 but under $95,000.

• If married couples file separately, they can both claim 5 percent of the home purchase ($4,000 each for a home over $80,000) on their tax returns.

• It’s a tax credit, not a deduction. That means the entire amount goes back to the first-time homebuyer unlike deductions, such as mortgage interest, that are subtracted from gross income before tax is calculated. If qualified for $8,000, the buyer gets $8,000, even if they would not owe that much in taxes otherwise.

• The tax credit applies to homes purchased between Jan. 1, 2009, and Dec. 31, 2009.

• The tax credit does not have to be paid back, providing the homebuyer keeps the property for at least 36 months and resides in the home.

• To qualify as a first-time homebuyer, the purchaser cannot have owned a home within the previous three-year period. However, ownership of a vacation home or rental home does not disqualify the buyer.

• If purchasing a new home, the effective date to receive the credit is the first day the homeowner actually lives in the house. If construction began in 2008, that buyer could still qualify. And if construction begins in 2009 but the owner does not take possession until 2010, the buyer would not qualify.

• The tax credit can be claimed on 2008 income tax forms even though the purchase took place in 2009. A buyer could close on a home the same day that President Obama signs it into law, fill out their income tax forms the next day, and receive the tax credit fairly quickly.

The tax credit is not a downpayment, but it could be used toward a downpayment if first-time homebuyers plan ahead. U.S. taxpayers have money withheld from every paycheck for income taxes. If they owe more tax than the amount deducted, they pay the IRS; if they owe less, they get a tax refund.

By anticipating at least an $8,000 refund in early 2010 when they file 2009 taxes, these buyers could cut down on their tax withholding this year and save the money toward a downpayment. There is one caveat, however: Should they not buy a home in the qualifying period, they would still owe the IRS the money, and reducing their withholding amount could result in a high bill at tax time.

 

© 2009 FLORIDA ASSOCIATION OF REALTORS®

How does the new tax credit work for first time buyers? Can we use the money for our closing cost?

 There is a formula for determining how much “tax credit” you may actually receive based on your income. The maximum credit is $7,500. It is only a credit on your tax return, so there is no actual cash that can be applied toward your purchase.

 

Worse, you have to pay it back over 15 years (interest free) or when the property is sold. To qualify, neither you nor your spouse may have owned a home in the past three years.