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Homebuyer Tax Credit Chart -Federal vs. State

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Here's a side by side look at the Federal tax credit expiring on April 30th-June 30th and the State of California credit starting May 1, 2010 and through December 31, 2010.

Published in: Real Estate
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Homebuyer Tax Credit Chart -Federal vs. State

  1. 1. Homebuyer Tax Credit Chart 2010 http://www.car.org/legal/legal-questions-answers/2010-qa/homebuyer-ta... Home Page > Legal > All Legal Q&As > 2010 Q&As > Homebuyer Tax Credit Chart 2010 Homebuyer Tax Credit Chart 2010 find the article at: "http://www.car.org/legal/legal-questions-answers/2010-qa/homebuyer-tax-credit-2010/" Member Legal Services Tel. (213) 739-8282 Fax (213) 480-7724 March 30, 2010 (revised) To help stimulate home sales, both the federal and state governments are offering tax credits for Californians purchasing their piece of the American dream. Federal law offers up to $8,000 for first-time homebuyers and $6,500 for long-time residents. California law offers up to $10,000 for first-time homebuyers or buyers of properties that have never been occupied. Here’s a handy summary of the two tax credit laws: HOMEBUYER FEDERAL CALIFORNIA TAX CREDIT Amount of Tax 5% of purchase price, not to exceed 10% of purchase price not to Credit $10,000 for first-time homebuyers or exceed $8,000 for First-Time buyers of properties that have never Homebuyers or $6,500 for been occupied. (See also Maximum Long-Term Residents. Credit for All Taxpayers.) Date of By June 30, 2010, but taxpayer From May 1, 2010 to July 31, 2011, Purchase must enter into a written binding but an enforceable contract must be contract by April 30, 2010. executed by December 31, 2010. Principal Yes. Property purchased must be Yes. Property purchased must be a Residence the taxpayer’s principal residence qualified principal residence and which is generally the home the eligible for the homeowner’s taxpayer lives in most of the time exemption from property taxes (Cal. (26 U.S.C. § 121). Tax & Rev. Code § 218). Type of Property House, condominium, townhome, manufactured home, apartment Single-family residence, whether cooperative, houseboat, detached or attached. housetrailer, or other type of 1 of 4 4/2/2010 9:45 AM
  2. 2. Homebuyer Tax Credit Chart 2010 http://www.car.org/legal/legal-questions-answers/2010-qa/homebuyer-ta... property located in the U.S. 1. First-Time Homebuyer: Up to 1. First-Time Homebuyer: Up to $8,000 if buyer (and buyer’s $10,000 if the buyer (or buyer’s spouse if any) has not owned a spouse if any) has not owned a principal residence during the principal residence during the three-year period before date of three-year period before date of Eligibility purchase; OR purchase; 2. Long-Time Resident: Up to OR $6,500 if buyer (and buyer’s 2. Never-Occupied Property: Up to spouse if any) has owned and $10,000 for a principal residence if the used existing home as a principal property has never been previously residence for 5 of the last 8 years. occupied as certified by the seller. Income Yes. Tax credit begins to phase Restriction out for modified adjusted gross income (MAGI) over $125,000 (or $225,000 for joint filers). No tax No credit at all for MAGI over $145,000 (or $245,000 for joint filers). Maximum $800,000. N/A Purchase Price Refundable Yes. Any amount of the tax credit not used to reduce the tax owed No may be added to the taxpayer’s tax refund check. Repayment No repayment required if the buyer No repayment required if the buyer owns and occupies the property owns and occupies the property for at for at least 36 months after least two years immediately following purchase. the purchase. Multiple Buyers Tax credit may be allocated Tax credit must be allocated between (not married to between eligible taxpayers in any eligible taxpayers based on their each other) reasonable manner. percentage of ownership. Maximum Credit $100 million for first-time homebuyers for All Taxpayers and $100 million for never-occupied N/A properties, both on a first-come-first- served basis. 2 of 4 4/2/2010 9:45 AM
  3. 3. Homebuyer Tax Credit Chart 2010 http://www.car.org/legal/legal-questions-answers/2010-qa/homebuyer-ta... Reservations of Yes. Buyer may reserve credit before Credit close of escrow for a property that has never been occupied by submitting a certification signed by N/A buyer and seller stating they have entered into an enforceable contract between May 1, 2010 and December 31, 2010, inclusive. When to Claim 1/3 of total tax credit may be claimed Full tax credit may be claimed on each year for 3 successive years (e.g. 2009 or 2010 tax returns. $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 Submit application to the FTB to Repayment of the Credit (IRS obtain Certificate of Allocation. The Form 5405) to be filed with tax FTB may prescribe additional rules returns and procedures to carry out this law. Other Cannot be an acquisition from related Restrictions persons as defined; buyer or spouse Cannot be an acquisition from must be 18 years old; buyer cannot related persons as defined; cannot be another taxpayer’s dependent; be an acquisition by gift or credit is allowed for only one qualified inheritance; and buyer cannot be a principal residence; and credit allowed non resident alien. cannot be a business credit under Cal. Tax & Rev. Code § 17039.2. Legal Authority Cal. Rev. & Tax Code section 26 U.S.C. section 36. 17059.1 (as added by Assembly Bill 183). Date of November 6, 2009 (as revised). March 25, 2010. Enactment More Information IRS Web site at http://www.irs.gov FTB Web site at /newsroom/article/0,,id= http://www.ftb.ca.gov/ 204671,00.html. individuals/ New_Home_Credit.shtml. This chart is just one of the many legal publications and services offered by C.A.R. to its members. 3 of 4 4/2/2010 9:45 AM
  4. 4. Homebuyer Tax Credit Chart 2010 http://www.car.org/legal/legal-questions-answers/2010-qa/homebuyer-ta... For a complete listing of C.A.R.'s legal products and services, please visit car.org. Readers who require specific advice should consult an attorney. C.A.R. members requiring legal assistance may contact C.A.R.'s Member Legal Hotline at (213) 739-8282, Monday through Friday, 9 a.m. to 6 p.m. and Saturday, 10 a.m. to 2 p.m. C.A.R. members who are broker-owners, office managers, or Designated REALTORS® may contact the Member Legal Hotline at (213) 739-8350 to receive expedited service. Members may also fax or e-mail inquiries to the Member Legal Hotline at (213) 480-7724 or legal_hotline@car.org. Written correspondence should be addressed to: CALIFORNIA ASSOCIATION OF REALTORS® Member Legal Services 525 S. Virgil Ave. Los Angeles, CA 90020 Copyright© 2010, CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) Permission is granted to C.A.R. members only to reprint and use this material for non-commercial purposes provided credit is given to the C.A.R. Legal Department. Other reproduction or use is strictly prohibited without the express written permission of the C.A.R. Legal Department. All rights reserved. The information contained herein is believed accurate as of March 30, 2010. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, readers with specific legal questions should seek the advice of an attorney. Revised by Howard Fallman, Esq. Terms and Conditions Privacy Policy Permission to Reprint Site Map Copyright © 2009 CALIFORNIA ASSOCIATION OF REALTORS® 4 of 4 4/2/2010 9:45 AM

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