We’ve been getting calls recently from people who bought San Diego real estate in 2009. With all of the advertising of tax credits available to home buyers, many people think that they automatically qualified for the credits. Some people are learning the hard way that they don’t qualify, or that they qualify for less than the full $8,000 credit. Your San Diego real estate professionals are here to help.
Below is a handy summary of Homebuyer Tax Credits as of 3/30/2010. First-time home buyers and long-time home buyers can both qualify to receive tax credits for homes purchased in 2009, but there are income limitations, restrictions, and other deadlines. The following chart was developed by the California Association of Realtors Legal Department. It is a helpful resource. But, as always, you should always consult a qualified attorney or tax professional for advice about how the laws apply to your particular situation.
|HOMEBUYER TAX CREDIT||FEDERAL||CALIFORNIA|
|Amount of Tax Credit||10% of purchase price not to exceed $8,000 for First-Time Homebuyers or $6,500 for Long-Term Residents.||5% of purchase price, not to exceed $10,000 for first-time homebuyers or buyers of properties that have never been occupied. (See also Maximum Credit for All Taxpayers.)|
|Date of Purchase||By June 30, 2010, but taxpayer must enter into a written binding contract by April 30, 2010.||From May 1, 2010 to July 31, 2011, but an enforceable contract must be executed by December 31, 2010.|
|Principal Residence||Yes. Property purchased must be the taxpayer’s principal residence which is generally the home the taxpayer lives in most of the time (26 U.S.C. § 121).||Yes. Property purchased must be a qualified principal residence and eligible for the homeowner’s exemption from property taxes (Cal. Tax & Rev. Code § 218).|
|Type of Property||House, condominium, townhome, manufactured home, apartment cooperative, houseboat, housetrailer, or other type of property located in the U.S.||Single-family residence, whether detached or attached.|
|Eligibility||1. First-Time Homebuyer: Up to $8,000 if buyer (and buyer’s spouse if any) has not owned a principal residence during the three-year period before date of purchase; OR
2. Long-Time Resident: Up to $6,500 if buyer (and buyer’s spouse if any) has owned and used existing home as a principal residence for 5 of the last 8 years.
|1. First-Time Homebuyer: Up to $10,000 if the buyer (or buyer’s spouse if any) has not owned a principal residence during the three-year period before date of purchase;
2. Never-Occupied Property: Up to $10,000 for a principal residence if the property has never been previously occupied as certified by the seller.
|Income Restriction||Yes. Tax credit begins to phase out for modified adjusted gross income (MAGI) over $125,000 (or $225,000 for joint filers). No tax credit at all for MAGI over $145,000 (or $245,000 for joint filers).||No|
|Maximum Purchase Price||$800,000.||N/A|
|Refundable||Yes. Any amount of the tax credit not used to reduce the tax owed may be added to the taxpayer’s tax refund check.||No|
|Repayment||No repayment required if the buyer owns and occupies the property for at least 36 months after purchase.||No repayment required if the buyer owns and occupies the property for at least two years immediately following the purchase.|
(not married to each other)
|Tax credit may be allocated between eligible taxpayers in any reasonable manner.||Tax credit must be allocated between eligible taxpayers based on their percentage of ownership.|
|Maximum Credit for All Taxpayers||N/A||$100 million for first-time homebuyers and $100 million for never-occupied properties, both on a first-come-first-served basis.|
|Reservations of Credit||N/A||Yes. Buyer may reserve credit before close of escrow for a property that has never been occupied by submitting a certification signed by buyer and seller stating they have entered into an enforceable contract between May 1, 2010 and December 31, 2010, inclusive.|
|When to Claim||Full tax credit may be claimed on 2009 or 2010 tax returns.||1/3 of total tax credit may be claimed each year for 3 successive years (e.g. $3,333 for 2010, $3,333 for 2011, and $3,333 for 2012).|
|Tax Agency||Internal Revenue Service (IRS).||Franchise Tax Board (FTB).|
|How to File||First-Time Homebuyer Credit and Repayment of the Credit (IRS Form 5405) to be filed with tax returns||To Be Announced. The FTB may prescribe rules and procedures to carry out this law.|
|Other Restrictions||Cannot be an acquisition from related persons as defined; cannot be an acquisition by gift or inheritance; and buyer cannot be a non resident alien.||Cannot be an acquisition from related persons as defined; buyer or spouse must be 18 years old; buyer cannot be another taxpayer’s dependent; credit is allowed for only one qualified principal residence; and credit allowed cannot be a business credit under Cal. Tax & Rev. Code § 17039.2.|
|Legal Authority||26 U.S.C. section 36.||Cal. Rev. & Tax Code section 17059 (as amended by Senate Bill 15).|
|Date of Enactment||November 6, 2009 (as revised).||March 25, 2010.|
|More Information||IRS Web site at https://www.irs.gov/newsroom/article/0,,id=
|FTB Web site at https://www.ftb.ca.gov/
individuals/ New_Home_Credit.shtmlwhich includes a tally of the $100 million original funding that is still available.