The Housing and Economic Recovery Act of 2008 signed by the President at the end of July gives first-time homebuyers a temporary refundable credit equal to 10 percent of the purchase price of a home, up to $7,500 ($3,750 for married individuals filing separately). The credit begins to phase out for taxpayers with adjusted gross income in excess of $75,000 ($150,000 in the case of a joint return). The credit is effective for homes purchased on or after April 9, 2008 and before July 1, 2009. Unlike other credits, however, the first-time homebuyer credit must be repaid in equal installments over 15 years, essentially making it an interest-free loan from the government for most qualifying homeowners.
The new credit phases out for married couples filing jointly with modified AGI between $150,000 and $170,000 and for single taxpayers with modified AGI between $75,000 and $95,000.
A person is considered a “first-time homebuyer” if he or she (or spouse) had no ownership interest in a principal residence during the three-year period before the new home is purchased.
Unlike any other individual federal tax credit, taxpayers must repay the first-time homebuyer credit. They will have 15 years to repay the credit, interest free. Repayments start two years after the year in which the residence is purchased. Payments must be made in equal installments over those 15 years.
If a taxpayer sells or no longer uses the home as his or her principal residence before repaying the credit, the unpaid balance becomes due in the year in which the residence is sold or no longer used as the taxpayer’s principal residence. However, the amount of recaptured credit may not exceed the amount of gain from the sale of the residence to an unrelated person.
“Purchase” as used in the new law occurs when title closes. In addition, homebuyers claiming the credit may not acquire the property from certain related persons and they must satisfy certain basis rules.
For more information about the First-Time Homebuyer Tax Credit and what steps you should implement to take advantage of the credit, contact Brent McClure at (515) 223-0159 or email at bmcclure@kiesling.com.