The American Recovery and Reinvestment Act of 2009 includes the First-Time Home Buyer Tax Credit. The amount of the credit is up to $8000 for those that qualify.
The credit is limited to the lesser of 10% of the purchase price of the home or $8000. Closing costs such as legal and recording fees may be included in the cost of the home.
Income Limitations
The Tax Credit is limited to those within a specified income amount.
If your modified adjusted gross income is less than $75,000 (individual) or $150,000 (married filing jointly) then you will receive the full credit.
From $75,000 to $95,000 (individual) or $150,000 to $170,000 (married filing jointly the credit phases out. If your income is above $90,000(individual) or $170,000 (married filing jointly) you will not receive the first time home buyer's credit.
Other Limitations
- The home must be in the United States
- You cannot acquire your home by gift or inheritance
- You cannot acquire your home from a related person
- Nonresident aliens do not qualify
- You cannot acquire the home from a corporation in which you own 50% or more of the stock
- You cannot acquire the home from a partnership in which you have 50% or more interest
Repayment Issues
If you decide to sell the home, you convert it to business or rental property, or the home is destroyed, condemned, or disposed of under threat of condemnation. or for any other reason the home ceases to be your main home within 36 months you are required to repay the credit.
A few exceptions apply to repayment. If you sell your home to someone that is not related to you during those first three years the amount of repayment is limited to the gain on the sale.
If your home is destroyed, condemned, or disposed of under threat of condemnation you will not be responsible to repay the credit if you purchase a new main home within 2 years of one of those occurrences.
If you die you do not have to pay back the credit. Your spouse will, however, be responsible for 1/2 of the repayment.
This tax credit is refundable which means that even if you have a zero tax liability you will still receive the credit in the form of a refund check.
To receive this credit you must file a Form 5405 with your federal tax return.