The New First-Time Home Buyer Credit
The stimulus package offers people who buy a home in 2009 a fat tax break.
By Kevin McCormally, Editorial Director, Kiplinger.com
March 2009
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The new stimulus package signed into law by President Obama makes a huge change in the tax credit designed to encourage Americans to buy a first home.
Last year, Congress passed a law giving people who bought their first homes after April 8, 2008, and before the end of the 2008 a $7,500 credit on their 2008 tax return. Better than a tax deduction (which reduces the amount of income you have to pay tax on), a credit actually reduces your tax bill dollar for dollar. So, if you would otherwise owe $2,500 when you file your 2008 tax return, a $7,500 first-time home buyer credit would wipe out the bill and prompt the IRS to write you a $5,000 refund check.
That's pretty sweet.
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But there's a big catch to the 2008 credit. It has to be paid back to the government over 15 years, starting with 2010 tax returns. You'll get your $7,500 now, but you have to add $500 to what you pay in income taxes each year between 2010 and 2025.
The 2009 law offers a better deal for those who buy their first homes between January 1 and November 30, 2009. Buyers get a slightly higher credit -- $8,000 rather than $7,500 -- and they never have to pay it back. (There is an exception to the no-pay-back rule: You do have to repay the $8,000 if you sell the house within three years of the time you buy it.)
And, get this: You don't really have to be a first-time home buyer to qualify. In the law, a first-timer is defined as anyone who hasn't owned a home for at least three years.
There is an income limit on this break. The right to use the credit is gradually phased out as adjusted gross income (AGI) rises from $75,000 to $95,000 on a single return or $150,000 to $170,000 on a joint return. AGI is basically taxable income before subtracting your personal and dependent exemptions and your standard or itemized deductions. If you report $160,000 of AGI on a 2009 tax return, you'd be half way through the phase-out zone, so you'd qualify for just $4,000 of credit (half of the $8,000 amount).
How to get your money
Qualifying taxpayers claim the credit (10% of the house price up to a maximum of $7,500 for 2008 buys or $8,000 for 2009 purchases) on Form 5405. This should put money in your pocket within weeks of the time you file your tax return. If you owe more tax with your return than your credit amount, it will instantly reduce your tax bill dollar for dollar. If you owe less than your first-time home buyer credit, you'll get the balance as a tax refund. Filing your return electronically and having the refund direct deposited to your bank account is the fastest way to get your money.
What if you bought in 2009 and filed your return before the credit was bumped from $7,500 to $8,000? Don't worry, you can get the extra $500 by filing an amended return. Wait until you get your refund from the first return, then file a form 1040X to claim the final $500.
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Reader Comments (20)
Posted by: Dale at 03/10/2009 12:20:54 AM
I think it sucks that they dont role this back to a year ago when they first put it into place. Our sone son closed on his first home 12/20/08. BS he's missed out by 11 days. WHATS THE DIFFERENCE? BUT we still give money to AIG... Its not the extra $500, its the paying back of the funds!!! Pissed Off Dad
Posted by: T. at 03/11/2009 04:57:20 PM
My son and daughter-in-law closed on their first home on Dec. 31,2008 at about 6:00 P.M. they missed out by only a few hours. Mad mama
Posted by: Jim Bonello at 03/15/2009 08:37:34 PM
I'm looking into this to see if some clients I had filed can do an ammendment to this. They just filed their 2008 return this year as the bill was signed. The clients should be 'kicked up' to the $8,000 no pay back credit.
Posted by: Tom at 03/16/2009 12:45:16 PM
You shouldn't be pissed off. At least your kids are getting the $8,000 credit. $7500, tax free, paid back over 15 years is better then nothing. And yes, you can amend your 2008 return to get the credit.
Posted by: Jim at 03/21/2009 01:18:53 PM
Does the tax credit apply to mobile homes too?
Posted by: SRL at 04/05/2009 12:37:21 PM
i owned a single wide mobile. But I 'm building a new home this year. Can I still get the tax credit?
Posted by: tina at 04/05/2009 11:59:10 PM
I wish I would have known. I closed on my first home March 29, 2008.
Posted by: Renee at 04/22/2009 07:19:15 PM
Would I qualify for the tax credit if the home my husband and I owned was lost in a forclosure/bankrupcy in May 2006? We are currently looking for a home now and would probably be looking to purchase in June or July or this year.
Posted by: kevin mccormally at 04/22/2009 09:45:51 PM
This is Kevin McCormally of Kiplinger, responding to Renee: Yes, if you lost your home in May, 2006, (sorry about that) and owned no home prior to buying in June or July (or anytime before December 1) 2009, then you can qualify for the credit, assuming your income isn't too high. You are considered a first time home buyer as long as you and your husband didn't own a principal residence at any time during the three years prior to buying a home this year.
Posted by: manuel mantilla at 04/29/2009 02:31:14 PM
I just read this article but sounds like is too late for me because I filed my taxes before April 15 of course. I am looking (for) some places to buy as (I am a) first time home buyer, so (is there)...any way to get the credit even if I filed my 2008 taxes? How can I get that?. Thanks.
Posted by: Alla Blokh at 06/01/2009 12:24:33 PM
Quote your article: There is an exception to the no-pay-back rule: You do have to repay the $8,000 if you sell the house within three years of the time you buy it.) Is it right? Or you should stay more than 3 years in the house before you sell it in order to not repay that money?
Posted by: Charles at 06/10/2009 10:37:56 AM
If you owned a home for five years and purchased a new home in 2009 and sold your previous home in 2009, are (you) entitled to the tax credit?
Posted by: L at 06/24/2009 06:21:56 PM
Are there any limitations on what I can spend my $8,000 FTHB credit on? I was planning on spending part of it on appliances, and putting the rest in a savings account. Or, does it have to be paid directly to my lender?
Posted by: BARBARA at 07/27/2009 06:43:07 PM
TO ALLA BLOKH, THE PAY BACK RULE APPLIES ONLY ON THE 2008 TAX RETURN IF YOU TOOK THE CREDIT... THEN THE PAY BACK RULE APPLIES WITH A 15 YR PAYBACK OF $500.00 EACH YEAR ON THE TAX RETURN. IF YOU BUY IN 2009 AND TAKE THE CREDIT ON YOUR 2009 THERE IS NO PAY BACK RULE, THE MONEY IS YOURS TO KEEP. UNLESS YOU SELL THE HOUSE UNDER THREE YEARS AND THEN YOU WILL OWE BACK SOME OF THE MONEY. BUT IF YOU THINK YOU MAY GET TRANSFER WHERE YOU CAN NOT LIVE IN THE HOUSE THINK ABOUT RENTING IT OUT UNTIL THE THREE YEARS IS FINISHED AND THEN SELL THE HOUSE. THIS IS JUST SOME FRIENDLY HELP. TO CHARLES, NO, YOU WOULD NOT BE ENTITLED, BECAUSE THE RULE IS, YOU MUST NOT OWN A HOME FOR THREE YEARS PRIOR. SO SORRY YOUR OUT OF LUCK. AGAIN SOME FRIENDLY ADVICE. AND TO L...THE MONEY IS YOURS. BUT REMEMBER TO KEEP THE HOUSE OVER THREE YEARS FOR THE TAX CREDIT ON 2009 BUT IF YOU TOOK THE TAX CREDIT ON 2008, SAVE SOME YOU WILL OWE BACK 500.00 PER YEAR FOR 15 YEARS, THE CREDIT ON THE 2008 IS A LOAN FROM THE GOV'T BUT THE CREDIT ON THE 2009 IS YOURS TO KEEP....I HOPE THIS HELPS ALL OF YOU OUT....HOPEFULLY YOU TAX ADVISOR WILL KNOW THIS INFORMATION, OR AT LEAST THEY SHOULD.
Posted by: BARBARA at 07/27/2009 07:13:32 PM
OH ONE MORE THING FOR ALL OF YOU, BUSH SAID YOU HAVE TO PAY IT BACK IF YOU TAKE IT ON YOUR 2008 PLUS $500.00,FOR THE NEXT 15 YRS, INDIAN GIVER, LOL BUT OUR NEW PRESIDENT SAID NO WAY FOR 2009, HE COULD NOT CHANGE WHAT BUSH ALREADY DID BUT HE COULD CHANGE IT FOR 2009. SEE THE DIFFERENCE IN A PRESIDENT THAT WAS BORN WITH A SILVER SPOON IN HIS MOUTH AND ONE THAT WAS RAISED POOR(?)...I DO KNOW A GOOD PRESIDENT WHEN I SEE ONE, IF YOUR GOING TO GIVE THE AMERICANS SOMETHING THEN GIVE IT TO US, DONT TURN AROUND THE NEXT YEAR AND EXPECT US TO BE ABLE TO PAY YOU BACK, THIS IS NOTHING SHORT OF LEGALIZED LOAN SHARKING IN MY OPINION...
Posted by: chenry at 08/20/2009 11:11:33 AM
I swore I read that the tax credit was extended to Jan. 2011. Was I dreaming?
Posted by: Richard Pollas at 11/04/2009 01:04:53 PM
On June of 09 I purchased my new Home (first new home) in Florida , although I'm renting in New York. The IRS has been giving me the run around and asked me if I have a Florida Driver's license, but I still live in New York city and work for the city of New York who required that you reside in NY to hold a city job. But my Firstn home is purchased in Florida where I will be retiring in the next 3 years. Is there an issue for the IRS to give me problems. I bought my first home in Orlando/ Florida, although I rent my apartment in NY, shouldn't I qualify for the first time home buyer credit? Please advise! Thank you!
Posted by: George at 11/18/2009 06:08:39 PM
If you're claimed as a dependent on 2008 and you buy a house in 2009, can you amend 2008 even if you were claimed as a dependent?
Posted by: srw at 01/05/2010 12:53:19 PM
i am joining the millitary in march and we will have to sell our house to relocate to the base we will be stationed at and we took a 8000.00 first time home buyer credit on will we have to pay it back . we have lived in the house a year. thanks
Posted by: Confused at 03/31/2010 02:56:01 PM
What is the definition of a year? Is it considered how you filed your taxes that year or 365 days? (What) if someone has a rental property that they haven't lived in since June of 2006 and has been living with family since that date? That same person purchased a house to live in in April 2009.. does that person qualify for as a first time home buyer? The house was claimed as a rental property on the 06/07 and 08 taxes so if the IRS is going by tax years then that person should qualify. If they are going by a traditional year then they wouldn't qualify. First this person was told he qualifies for the full credit, then after an investigation they said he qualified for $6000 of the credit and recently it changed to $0.00. After talking to the IRS rep they still aren't sure and are comparing notes... is their anything in writing that would help this individual out?