It's Official!

Congress Has Passed New Legislation Extending Tax Credit 

As part of its plan to stimulate the U.S. housing market and address the economic challenges facing our nation, Congress has passed new legislation that: 

·         Extends the First-Time Home Buyer Tax Credit of up to $8,000 to first-time

        home buyers until April 30, 2010.

·        Expands the credit to grant up to $6,500 credit to current home owners purchasing

        a new or existing home between November 7, 2009 and April 30, 2010.

 

:Here is a summary of the new tax credit rules.

 

 

EXTENSION OF FIRST-TIME BUYER CREDIT

 

Jan. 1 – Nov. 30, 2009
Rules as enacted Feb. 2009

Nov. 7 – Apr. 30, 2010
Rules as enacted Nov. 2009

First-time Buyer
Amount of Credit

$8000
($4000 married filing separate)

$8000
($4000 married filing separate)

First-time Buyer
Definition for Eligibility

May not have had an interest in a principal residence for 3 years prior to purchase

Same


EXPANSION TO CURRENT HOMEOWNERS

 

Jan. 1 – Nov. 30, 2009
Rules as enacted Feb. 2009

Nov. 7 – Apr. 30, 2010
Rules as enacted Nov. 2009

Current Homeowner Amount of Credit

No Provision

$6500
($3250 married filing separate)

Effective Date
Current Owner

No Provision

November 7, 2009

Current Homeowner
Definition for Eligibility

No Provision

Must have used home as a principal residence consecutively for 5 of the previous 8 years

 

Termination of Credit

Purchases after Nov. 30, 2009.
(Becomes April 30, 2010 on Date of Enactment.)

Purchases after April 30, 2010

Income Limits

$75,000 – single
$150,000 – married
Additional $20,000 phase-out

$125,000 – single
$225,000 – married
Additional $20,000 phase-out


NEW RULES


The revised tax credit has several rules that were not outlined in the previous legislation:

 

  • Binding Contract Rule. So 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.
  • Limitation on Cost of Purchased Home. Effective November 7, 2009, there is an $800,000 limit on the home cost.
  • Purchase by a Dependent. As of November 7, 2009, this is explicitly ineligible for the credit.
  • Anti-Fraud Rule. Purchasers must now attach documentation of the purchase to their tax returns.

Remember: If the property is sold within three years from the date of purchase, the buyer must pay back the full amount of the credit. This is not a new rule, just a reminder.

Source: NAR Issue Brief – Homebuyer Tax Credit


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