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Cupertino Home Buyer Questions Answered About the NEW Tax Credits
FAQ's Answered About the NEW Home Buyer Tax Credits
By Michelle C. Carr-Crowe
U.S. Congress passed an extension and expansion of the federal home buyer tax credit that runs from December 1, 2009 until April 30 of 2010. First-time home buyers may receive up to a $8,000 tax credit. Under the expanded credit, repeat buyers who qualify may receive up to a $6,500 tax credit. Below is a quick outline of the updated rules.
Definition of First-time Home Buyers:
• To qualify as a "first-time home buyer" the purchaser or his/her spouse may not have owned a residence during the three years prior to the purchase.
• Available for purchase of home between November 7, 2009 and April 30, 2010.
• The maximum allowable credit is $8,000.
So a married couple first-time homebuyer making $180,000 per year could easily qualify for and purchase the lovely 3 bedroom home at 2180 Cheryl Way in exclusive Willow Glen at the asking price of $560,000; and if it became a bidding war, could still buy it at $615,000. At $560,000, the tax credit would be $5,600; at $615, it would be $6,150.
Definition of Current Home Owners:
• Current home owners purchasing a home between November 7, 2009 and April 30, 2010, who have used the home being sold or vacated as a principal residence for five (5) consecutive years within the last eight (8) years.
• In order for married purchasers to qualify, both individuals must have lived in the same residence for five consecutive years out of the last eight. If one spouse has lived in the house for five years and the other moved in later, after they were married, then they are both excluded from the buyer tax credit.
• The maximum allowable credit for current homeowners is $6,500.
A senior couple who've raised their children and no longer need the Cupertino Schools or their large 2-story home could sell it for $1,000,000 and keep up to $500,000 tax free in capital gains, as well as transfer their low tax basis for that same home at 2180 Cheryl Way. At the $560,000 price they would qualify for the $5,600 tax credit; if at $615,000, it would be $6,150.
This is the only time in recent history the government has extended a tax benefit to entice existing homeowners to make a move.
As the current capital gains tax benefit sunsets (expires) December 31, 2010, this is a smart move for seniors to consider: taking advantage of every possible government tax benefit currently available.
Financial Qualifications:
• Credit may be applied to primary residences, including: single-family homes, condos, townhomes, and co-ops.
• Credit may only be awarded on homes purchased for $800,000 or less.
• Credit, which became effective on November 7, 2009, single buyers with incomes up to $125,000 and married couples with incomes up to $225,000 - may receive the maximum tax credit.
• The credit decreases for buyers who earn between $125,000 and $145,000 for single buyers and between $225,000 and $245,000 for home buyers filing jointly. The amount of the tax credit decreases as his/her income approaches the maximum limit. Home buyers earning more than the maximum qualifying income - over $145,000 for singles and over $245,000 for couples are not eligible for the credit.
• Under the Extended Home Buyer Tax Credit, as long as a written binding contract to purchase is in effect on April 30, 2010, the purchaser will have until July 1, 2010 to close.
• According to the IRS, in situations in which two unmarried buyers purchase a residence together where one qualifies for the $6,500 repeat buyer credit and the other qualifies for the $8,000 credit, a repeat buyer cannot receive a tax credit higher than $6,500 and the total amount claimed by both buyers cannot exceed $8,000. For example, the repeat home buyer could claim $6,500 and the first-time home buyer could claim $1,500. Alternatively, both buyers could claim a $4,000 tax credit.
If you or your client purchased a home between January 1, 2009 and November 6, 2009, you will fall under a different set of rules that can be found at the following site: 2009 First-Time Home Buyer Tax Credit.
Recently, California also took a step closer to considering a similar tax credit. During his State of the State address, Governor Arnold Schwarzenegger announced his 2010 proposals for California, which included a recommendation to set aside $200 million for a new round of $10,000 state tax credits for first-time home buyers. The proposal expands upon the initial $10,000 state tax credit by including both new and existing homes. Last year's tax credit applied only to new homes.