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How Well Do You Know the Homebuyer Tax Credit?
Is the homebuyer tax credit a loan? Is it a credit? Is it a one-time check for a couple grand? Does it ever have to be repaid? These are all good questions, and questions we’re not sure everyone knows the answers to. As tax time is upon us, it’s more important than ever to understand such things.
In late January, we wrote a post on the homebuyer tax credit because many consumers were complaining about just how long it was taking to receive their check. The reason for the delay? Due to rampant fraud surrounding the program, the IRS decided to change the documentation it required in order for homebuyers to receive their “credit.”
A short paragraph in the latest Kiplinger Tax Letter points to the fact that the IRS still doesn’t have the fraud problem under control. Furthermore, this item also provides some very definitive answers to the questions: “Is the homebuyer tax credit a loan? Is it a credit? Is it a one-time check for a couple grand? Does it ever have to be repaid?”
According to the tax letter: “The IRS has a new way to police the recapture of the home buyer credit: It will check public databases of real estate sales. If a person buys a home between Jan. 1, 2009 and April 30, 2010 and sells within three years, the tax credit is [repaid to the IRS]. The $7,500 credit for purchases between April 9 and Dec. 31, 2008 is recouped over 15 years, but the remaining balance is due if the home is sold early.”
By this reckoning, if you bought a home in 2008, you got more of a loan than a credit. Ironically, the IRS agrees (emphasis added):
For 2008, the credit applies to a principal residence purchased by the taxpayer after April 8, 2008, and on or before December 31, 2008. Homebuyers who qualify are allowed a one-time credit against their income tax for the year of purchase. Unlike some past credits, this one must be repaid over a 15-year period. As a result, the new tax credit works like an interest free loan. You take the full credit on your 2008 return, and then repay the credit amount in equal payments over 15 years, with no interest charges.
If you bought a home between January 1, 2009 and April 30, 2010, you don’t have to repay it, provided that you hold your home longer than three years, otherwise your credit must be repaid in full:
The obligation to repay the credit arises only if the home ceases to be your principal residence within 36 months from the date of purchase. The full amount of the credit received becomes due on the return for the year the home ceased being your principal residence.
Here are two scenarios of what will happen if you sell your home (purchased in 2009 – 2010) within three years of receiving the tax credit:
Example 1: Taxpayer, a first-time homebuyer, purchases a home for $100,000 in 2009 and claims an $8,000 first-time homebuyer credit. In 2011, the taxpayer sells his home for $120,000. He has no adjustment to basis. The taxpayer must pay an additional tax of $8,000 for 2011.
Example 2: Assume taxpayer in example 1 sold his home to an unrelated person for $98,000 in 2011. He has no adjustments to basis. To determine the amount of gain for recapture purposes, the taxpayer’s $100,000 basis is reduced to $92,000 by the $8,000 credit. His gain for this purpose is $6,000 ($98,000 amount realized minus $92,000 basis). Taxpayer must pay an additional tax of $6,000 for 2011.
While we aren’t tax experts, if you have any questions regarding the tax credit, you can submit them in the comment section of this post, or click the “contact us” link in the top-right portion of the page, and we’ll do our very best to answer them.
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Mortgage Paid? How Do I Know?
It would be nice to report that every mortgage payment is promptly received and correctly processed. However, it follows that in a country with some 45 million first mortgages that there are millions of opportunities to screw up and that sometimes loan payments made in good faith are not properly handled.
What can you do?
- If you pay by check, pay 10 days early.
- If the lender has a website, check the account balance each month about 10 days after the payment is due to assure your account has been credited. If not, contact the lender immediately.
- If you pay electronically with an automated payment check your account to assure that the payment was made. Protect yourself and always have an overdraft line-of-credit. This costs about $25 a year plus interest for any advances, but it’s a lot cheaper than late fees and negative credit items.
- If you paid electronically but not automatically, think of switching to an automated payment system. Be cautious however and ask what happens if you change accounts or prefer in the future not to pay electronically.
- If you want to be sure that a mortgage payment is credited to your account, send the check by certified mail with a return receipt requested.
Mortgage Paid
Late payments set off three problems.
First, you may be hit with a late fee.
Second, predatory lenders who engage in “loan-to-own” financing will be elated if you’re late. They will hit you with a late fee, perhaps raise your interest rate and possibly foreclose — even if you’re late by five minutes.
Third, your credit report can be dinged. However, credit reports only include payments which are at least 30 days late — thus the reason to check lender sites and your bank account 10 days after a payment is due.
If you’ve made your payment in a timely manner and for some reason it has not been quickly credited to your account, call the lender and complain. I’ve had lenders waive late fees by calling and pointing to my past payment history.