More Q&A on the First Time Homebuyer's Tax Credit

I've had a lot of clients recently ask me some more specific questions about this $8,000 (or 10% of the purchase price) tax credit for first time homebuyers. Here is some more Q&A about the tax credit:


If I'm getting married and my spouse already owns a home, but we both need to be on the mortgage for a new house, would I still qualify for the tax credit?

• For a married couple, if one person owned a home within the last 3 years and the other did not, they don't qualify for the tax credit. However, if an unmarried couple jointly buys a home, and one person owned a home (within 3 years) and the other did not, they can "designate" the tax credit to that person who will be able to claim it on their individual tax return.

I need my parents to co-sign on the loan for the house with me. Can I still get this tax credit?

• Yes, this rule also applies for parents to co-sign on a mortgage. The parents own a home. The son or daughter is FTHB—the child can claim the tax credit.

It's past April 15th and I've already filed my taxes. Even if I did buy a home this year, would I have wait until 2010 to get the $8,000?

• No. You can file an amendment for your 2008 returns and still get the money this year. I've already have a couple of clients who were in this situation and it took them about 6-8 weeks to get the check in the mail.

And here is a list of situations where you would not qualify for the credit:

• The taxpayer’s income exceeds the phase-out range. This means joint filers with MAGI of $170,000 and above and other taxpayers with MAGI of $95,000 and above.
• The taxpayer buys his home from a close relative. This includes his spouse, parent, grandparent, child or grandchild.
• The taxpayer does not use the home as his principal residence.
• The taxpayer sells his home before the end of the year.
• The taxpayer is a nonresident alien.
• The taxpayer is, or was, eligible to claim the District of Columbia first-time homebuyer credit for any taxable year. (This does not apply for a home purchased in 2009.)
• The taxpayer’s home financing comes from tax-exempt mortgage revenue bonds. (This does not apply for a home purchased in 2009.)
• The taxpayer owned a principal residence at any time during the three years prior to the date of purchase of the new home. For example, if an individual bought a home on July 1, 2008, he cannot take the credit for that home if he owned, or had an ownership interest in, another principal residence at any time from July 2, 2005, through July 1, 2008.

If you aren't sure about how your credit is but maybe contemplated buying a home, feel free to contact me with any questions, big or small at rebecca.upton@century21.com