What’s the Difference Between the Old and New First Time Homebuyer’s Tax Credit?

Unless you’ve been living in a cave for the last 30 days, you probably have heard about the Economic Stimulus Bill that was passed and signed into law last month by President Obama. If you have been cave dwelling, click here.  We here at The Peters Company were most concerned with the First Time Homebuyer’s Tax Credit.  We had a mediocre tax credit previously in place, which basically gave the first time homebuyer an interest free loan of $7,500 that they paid back over a 15 year period.  That has been blown up, replaced, and upgraded.  Although it wasn’t as good as we were hoping for, the new plan makes significant progress over the previous credit/loan program.  We thought it might be beneficial to outline the differences for you.  If someone you know is on the fence about buying their first home, now is the time to share this with them.  We are entering the busier Spring real estate season, and there will be some great homes hitting the market over the coming months.  This credit lasts until December 1, 2009.  The high inventories and low rates are now only helped by an $8,000 tax credit, which by the way you don’t have to repay.  Check it out, and let us know if we can help in any way.

FIRST-TIME HOMEBUYER TAX CREDIT
As Modified in the American Recovery and Reinvestment Act
Major Modifications Italicized
February 2009

FEATURE

CREDIT AS  CREATED JULY 2008

APPLIES TO ALL QUALIFIED PURCHASES ON OR AFTER

APRIL 9, 2008

REVISED CREDIT -

EFFECTIVE FOR PURCHASES ON OR AFTER JANUARY 1,- 2009- AND BEFORE

DECEMBER 1, 2009

Amount of
Credit

Lesser of 10 percent of cost of home or
$7500

Maximum credit amount
increased to $8000

Eligible Property

Any single family residence (including
condos, co-ops, townhouses) that will
be used as a principal residence.

No change.
All principal residences eligible.

Refundable

Yes. Reduces (or can eliminate)
income tax liability for the year of
purchase. Any unused amount of tax
credit refunded to purchaser.

No change.
Purchasers will continue to
receive refund for unused amount
when tax return is filed.

Income Limit

Yes. Full amount of credit available for
individuals with adjusted gross income
of no more than $75,000 ($150,000 on
a joint return). Phases out above
those caps ($95,000 and $170,000).

 

                     No change.

Same income limits continue to
apply.

First-time
Homebuyer
Only

Yes. Purchaser (and purchaser’s
spouse) may not have owned a
principal residence in 3 years previous
to purchase.

No change
Still available for first-time
purchasers only. Three-year rule
continues to apply.

Revenue Bond
Financing

No credit allowed if home financed
with state/local bond funding.

Purchasers who utilize revenue bond financing can use credit.

Repayment

Yes. Portion (6.67% of credit or $500)
to be repaid each year for 15 years,
starting with 2010 tax filing.

No repayment for purchases on
or after January 1, 2009 and
before December
1, 2009

Recapture

if home sold before 15-year repayment
period ends, then outstanding balance
of repayment amount recaptured on sale.

If home is sold within three years
of purchase, entire amount of
credit is recaptured on sale.
Applies only to homes purchased
in 2009.

Termination

July 1, 2009
(But note program changes for 2009)

          December 1, 2009

Effective Date

Purchases on or after April 9, 2008 and
before January 1, 2009. Repayment to
begin for 2010 tax year.

All revisions are effective as of
January 1, 2009

 

Chart courtesy of Leigh Clack at Neel & Robinson, Attorneys at Law, LLC.  Contact Leigh at lenox@neelandrobinson.com.  She is an excellent closing attorney.

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