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HOMEBUYER TAX CREDIT
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FEDERAL
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CALIFORNIA
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| 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 |
Taxpayer must enter into a written binding contract by April 30, 2010, and close escrow by June 30, 2010. |
Taxpayer must enter into an enforceable contract by December 31, 2010, and close escrow between May 1, 2010 and July 31, 2011, inclusive. |
| 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, condominium, co-op, manufactured home, mobilehome, or house boat. A home constructed by the taxpayer is not eligible because the home has not been “purchased”. |
| Eligibility |
1. First-Time Homebuyer: Up to $8,000 if buyer (and buyer’s spouse if any) has not owned a principal residence for 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 (and buyer’s spouse/RDP if any, according to FTB) has not owned a principal residence for the three-year period before date of purchase; OR
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. |
Multiple Buyers
(not married to each other) |
Tax credit may be allocated between eligible taxpayers in any reasonable manner. See IRS Notice 2009-12 at www.irs.gov/pub/irs-drop/n-09-12.pdf. |
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 |
Submit application to the FTB to obtain Certificate of Allocation. The FTB may prescribe additional 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; credit is disallowed if taxpayer received 2009 new home tax credit; 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 17059.1 (as added by Assembly Bill 183). |
| Date of Enactment |
November 6, 2009 (as revised). |
March 25, 2010. |
| More Information |
IRS Web site at http://www.irs.gov/newsroom/article/0,,id=
204671,00.html. |
FTB Web site at http://www.ftb.ca.gov/
individuals/ New_Home_Credit.shtml. |