$8,000 Tax Credit!!! What it really means

Here are some Frequently asked questions about the new $8,000.00 Tax Credit for First time homebuyers. This was taken from the Federal Tax Credit site if you would like to read more.


Frequently Asked Questions About the Home Buyer Tax Credit
The American Recovery and Reinvestment Act of 2009 authorizes a tax credit of up to $8,000 for qualified first-time home buyers purchasing a principal residence on or after January 1, 2009 and before December 1, 2009.The following questions and answers provide basic information about the tax credit. If you have more specific questions, we strongly encourage you to consult a qualified tax advisor or legal professional about your unique situation.
Who is eligible to claim the tax credit?
What is the definition of a first-time home buyer?
How is the amount of the tax credit determined?
Are there any income limits for claiming the tax credit?
What is "modified adjusted gross income"?
If my modified adjusted gross income (MAGI) is above the limit, do I qualify for any tax credit?
Can you give me an example of how the partial tax credit is determined?
How is this home buyer tax credit different from the tax credit that Congress enacted in July of 2008?
How do I claim the tax credit? Do I need to complete a form or application?
What types of homes will qualify for the tax credit?
I read that the tax credit is "refundable." What does that mean?
I purchased a home in early 2009 and have already filed to receive the $7,500 tax credit on my 2008 tax returns. How can I claim the new $8,000 tax credit instead?
Instead of buying a new home from a home builder, I hired a contractor to construct a home on a lot that I already own. Do I still qualify for the tax credit?
Can I claim the tax credit if I finance the purchase of my home under a mortgage revenue bond (MRB) program?
I live in the District of Columbia. Can I claim both the Washington, D.C. first-time home buyer credit and this new credit?
I am not a U.S. citizen. Can I claim the tax credit?
Is a tax credit the same as a tax deduction?
I bought a home in 2008. Do I qualify for this credit?
Is there any way for a home buyer to access the money allocable to the credit sooner than waiting to file their 2009 tax return?
If I’m qualified for the tax credit and buy a home in 2009, can I apply the tax credit against my 2008 tax return?
For a home purchase in 2009, can I choose whether to treat the purchase as occurring in 2008 or 2009, depending on in which year my credit amount is the largest?
Who is eligible to claim the tax credit?First-time home buyers purchasing any kind of home—new or resale—are eligible for the tax credit. To qualify for the tax credit, a home purchase must occur on or after January 1, 2009 and before December 1, 2009. For the purposes of the tax credit, the purchase date is the date when closing occurs and the title to the property transfers to the home owner.
What is the definition of a first-time home buyer?The law defines "first-time home buyer" as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse.For example, if you have not owned a home in the past three years but your spouse has owned a principal residence, neither you nor your spouse qualifies for the first-time home buyer tax credit. However, unmarried joint purchasers may allocate the credit amount to any buyer who qualifies as a first-time buyer, such as may occur if a parent jointly purchases a home with a son or daughter. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a buyer as a first-time home buyer.
How is the amount of the tax credit determined?The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $8,000.
Are there any income limits for claiming the tax credit?The tax credit amount is reduced for buyers with a modified adjusted gross income (MAGI) of more than $75,000 for single taxpayers and $150,000 for married taxpayers filing a joint return. The tax credit amount is reduced to zero for taxpayers with MAGI of more than $95,000 (single) or $170,000 (married) and is reduced proportionally for taxpayers with MAGIs between these amounts.
What is "modified adjusted gross income"?Modified adjusted gross income or MAGI is defined by the IRS. To find it, a taxpayer must first determine "adjusted gross income" or AGI. AGI is total income for a year minus certain deductions (known as "adjustments" or "above-the-line deductions"), but before itemized deductions from Schedule A or personal exemptions are subtracted. On Forms 1040 and 1040A, AGI is the last number on page 1 and first number on page 2 of the form. For Form 1040-EZ, AGI appears on line 4 (as of 2007). Note that AGI includes all forms of income including wages, salaries, interest income, dividends and capital gains.To determine modified adjusted gross income (MAGI), add to AGI certain amounts such as foreign income, foreign-housing deductions, student-loan deductions, IRA-contribution deductions and deductions for higher-education costs.
If my modified adjusted gross income (MAGI) is above the limit, do I qualify for any tax credit?Possibly. It depends on your income. Partial credits of less than $8,000 are available for some taxpayers whose MAGI exceeds the phaseout limits.
Can you give me an example of how the partial tax credit is determined?Just as an example, assume that a married couple has a modified adjusted gross income of $160,000. The applicable phaseout to qualify for the tax credit is $150,000, and the couple is $10,000 over this amount. Dividing $10,000 by $20,000 yields 0.5. When you subtract 0.5 from 1.0, the result is 0.5. To determine the amount of the partial first-time home buyer tax credit that is available to this couple, multiply $8,000 by 0.5. The result is $4,000.Here’s another example: assume that an individual home buyer has a modified adjusted gross income of $88,000. The buyer’s income exceeds $75,000 by $13,000. Dividing $13,000 by $20,000 yields 0.65. When you subtract 0.65 from 1.0, the result is 0.35. Multiplying $8,000 by 0.35 shows that the buyer is eligible for a partial tax credit of $2,800.Please remember that these examples are intended to provide a general idea of how the tax credit might be applied in different circumstances. You should always consult your tax advisor for information relating to your specific circumstances.
How is this home buyer tax credit different from the tax credit that Congress enacted in July of 2008?The most significant difference is that this tax credit does not have to be repaid. Because it had to be repaid, the previous "credit" was essentially an interest-free loan. This tax incentive is a true tax credit. However, home buyers must use the residence as a principal residence for at least three years or face recapture of the tax credit amount. Certain exceptions apply.
How do I claim the tax credit? Do I need to complete a form or application?Participating in the tax credit program is easy. You claim the tax credit on your federal income tax return. Specifically, home buyers should complete IRS Form 5405 to determine their tax credit amount, and then claim this amount on Line 69 of their 1040 income tax return. No other applications or forms are required, and no pre-approval is necessary. However, you will want to be sure that you qualify for the credit under the income limits and first-time home buyer tests.
What types of homes will qualify for the tax credit?Any home that will be used as a principal residence will qualify for the credit. This includes single-family detached homes, attached homes like townhouses and condominiums, manufactured homes (also known as mobile homes) and houseboats. The definition of principal residence is identical to the one used to determine whether you may qualify for the $250,000 / $500,000 capital gain tax exclusion for principal residences.
I read that the tax credit is "refundable." What does that mean?The fact that the credit is refundable means that the home buyer credit can be claimed even if the taxpayer has little or no federal income tax liability to offset. Typically this involves the government sending the taxpayer a check for a portion or even all of the amount of the refundable tax credit.For example, if a qualified home buyer expected, notwithstanding the tax credit, federal income tax liability of $5,000 and had tax withholding of $4,000 for the year, then without the tax credit the taxpayer would owe the IRS $1,000 on April 15th. Suppose now that the taxpayer qualified for the $8,000 home buyer tax credit. As a result, the taxpayer would receive a check for $7,000 ($8,000 minus the $1,000 owed).
I purchased a home in early 2009 and have already filed to receive the $7,500 tax credit on my 2008 tax returns. How can I claim the new $8,000 tax credit instead?Home buyers in this situation may file an amended 2008 tax return with a 1040X form. You should consult with a tax advisor to ensure you file this return properly.
Instead of buying a new home from a home builder, I hired a contractor to construct a home on a lot that I already own. Do I still qualify for the tax credit?Yes. For the purposes of the home buyer tax credit, a principal residence that is constructed by the home owner is treated by the tax code as having been "purchased" on the date the owner first occupies the house. In this situation, the date of first occupancy must be on or after January 1, 2009 and before December 1, 2009.In contrast, for newly-constructed homes bought from a home builder, eligibility for the tax credit is determined by the settlement date.
Can I claim the tax credit if I finance the purchase of my home under a mortgage revenue bond (MRB) program?Yes. The tax credit can be combined with the MRB home buyer program. Note that first-time home buyers who purchased a home in 2008 may not claim the tax credit if they are participating in an MRB program.
I live in the District of Columbia. Can I claim both the Washington, D.C. first-time home buyer credit and this new credit?No. You can claim only one.
I am not a U.S. citizen. Can I claim the tax credit?Maybe. Anyone who is not a nonresident alien (as defined by the IRS), who has not owned a principal residence in the previous three years and who meets the income limits test may claim the tax credit for a qualified home purchase. The IRS provides a definition of "nonresident alien" in IRS Publication 519.
Is a tax credit the same as a tax deduction?No. A tax credit is a dollar-for-dollar reduction in what the taxpayer owes. That means that a taxpayer who owes $8,000 in income taxes and who receives an $8,000 tax credit would owe nothing to the IRS.A tax deduction is subtracted from the amount of income that is taxed. Using the same example, assume the taxpayer is in the 15 percent tax bracket and owes $8,000 in income taxes. If the taxpayer receives an $8,000 deduction, the taxpayer’s tax liability would be reduced by $1,200 (15 percent of $8,000), or lowered from $8,000 to $6,800.
I bought a home in 2008. Do I qualify for this credit?No, but if you purchased your first home between April 9, 2008 and January 1, 2009, you may qualify for a different tax credit.
Is there any way for a home buyer to access the money allocable to the credit sooner than waiting to file their 2009 tax return?Yes. Prospective home buyers who believe they qualify for the tax credit are permitted to reduce their income tax withholding. Reducing tax withholding (up to the amount of the credit) will enable the buyer to accumulate cash by raising his/her take home pay. This money can then be applied to the downpayment.Buyers should adjust their withholding amount on their W-4 via their employer or through their quarterly estimated tax payment. IRS Publication 919 contains rules and guidelines for income tax withholding. Prospective home buyers should note that if income tax withholding is reduced and the tax credit qualified purchase does not occur, then the individual would be liable for repayment to the IRS of income tax and possible interest charges and penalties.Further, rule changes made as part of the economic stimulus legislation allow home buyers to claim the tax credit and participate in a program financed by tax-exempt bonds. Some state housing finance agencies, such as the Missouri Housing Development Commission, have introduced programs that provide short-term credit acceleration loans that may be used to fund a downpayment. Prospective home buyers should inquire with their state housing finance agency to determine the availability of such a program in their community.
If I’m qualified for the tax credit and buy a home in 2009, can I apply the tax credit against my 2008 tax return?Yes. The law allows taxpayers to choose ("elect") to treat qualified home purchases in 2009 as if the purchase occurred on December 31, 2008. This means that the 2008 income limit (MAGI) applies and the election accelerates when the credit can be claimed (tax filing for 2008 returns instead of for 2009 returns). A benefit of this election is that a home buyer in 2009 will know their 2008 MAGI with certainty, thereby helping the buyer know whether the income limit will reduce their credit amount.Taxpayers buying a home who wish to claim it on their 2008 tax return, but who have already submitted their 2008 return to the IRS, may file an amended 2008 return claiming the tax credit. You should consult with a tax professional to determine how to arrange this.
For a home purchase in 2009, can I choose whether to treat the purchase as occurring in 2008 or 2009, depending on in which year my credit amount is the largest?Yes. If the applicable income phaseout would reduce your home buyer tax credit amount in 2009 and a larger credit would be available using the 2008 MAGI amounts, then you can choose the year that yields the largest credit amount.

Is this a Buyers' Market?

By this time, everyone that has anything to do with Real Estate should have heard that this is a Buyers Market.

What exactly is a Buyers' Market?

What it is supposed to be is a time when:
*Homes are priced well

*Loans are at low interest rates

*People are prepared to buy.

When all of the above criteria have been met, then it can be called a Buyers' Market.

Let's take a look at today's Real Estate Climate and decide whether or not it is a Buyer's market right now.

As everyone knows, Real Estate is Local. This means that while it may be a good time to buy in say, Florida, it may not be a good time to buy somewhere else. For the purpose of this post, I want to discuss the local real estate options here in Rhode Island. (since these are the only ones I am completely knowledgeable about:)

The first criteria: Homes are priced well....This seems to be fulfilled. Many buyers' are wondering if prices will fall even more here in Rhode Island. My guess is, yes, they will continue to decline for another year at least.

The second criteria: Loans are at low interest rates. This also seems to be fulfilled. Many buyers' are also wondering if rates will fall even more....My guess is, yes, they will continue to fall, again for another year or so, but then will level off.

The third criteria: People are prepared to buy...This is definitely not fulfilled. Partly due to high unemployment rates, the economy, poor credit and general uneasiness about the market.

With only two of the above criteria met, it would suggest that it is not a bonafide Buyers' market.

However......................

Homes are priced very well right now and combined with the lowest interest rates around in the past ten years makes this an excellent time to buy.

Consider what would happen if you wait until next year or the year after. Here is an example:

You purchase a home at $150,000. today at an interest rate of 5 3/4% for 30 years. Your principle and interest payments per month will be $876.00 per month.

Say you wait for two years and purchase the same home for $132,000. (this is a depreciation rate of .5% per month for 24 months) assuming the general trend here continues.

Two years from now, there is a good probability that the interest rates will have not only dropped but started climbing back up as is generally the case when home prices have dropped. Let's say they have only crept up to the original 5 3/4% and you go for a mortgage for 30 years. Now your mortgage payment would be $770.00 per month!

Sounds like you should wait? Wrong. First, what are you paying for the 24 months you are waiting? Are you renting at say, a low price of $500.? (rare in Rhode Island if you have more than one room). If so, then you are paying over the next 24 months $12,000 minimum and still do not own your own home!

On your mortgage you would have saved over the course of 12 months, $2,544.00! Subtract this from the $12,000. you have paid out and you are minus $9456.00!! (which if you had it to throw away, you could have at least used it towards your furniture in your new house)

This is only one example, based on a buyer using a loan to purchase. If you have the cash to buy, the example would be simple, again if you are renting, what exactly would you be saving by waiting? In the same scenario you would have saved, over the course of 24 months, $9,024.00! That's $4512.00 per year. In this scenario, it may be better to wait, unless you are unhappy with your current arrangement and really want to get into your own home.

Opinions are of Karen Hurst, Broker/Owner of Stonehurst Realty only. For a free consultation, visit me at Stonehurstrealty.com and find out if this is your time to buy.

Two Family Cranston RI REDUCED!!!!

This is it! Your chance to own a two family in a great neighborhood and get help with your mortgage. See the Virtual tour below.

This house has been drastically reduced for a quick sale. This is a bank owned home and will be selling AS IS. Mostly needs updating. You will need a prequalification letter to make an offer, so get that first then call me. Don't wait too long.

Follow this link to see the tour.

New Housing Plan in a Nutshell

Is there a Silver Lining in all the latest Foreclosures and Doom and gloom in the Real Estate Market? Maybe...Have you heard about the most recent possible help you, as a delinquent homeowner, may have? Here is a synopsis, taken from Bloomberg News, highlighting the general conditions needed to qualify.

Under the proposal, mortgage servicers will work with borrowers to reduce monthly payments to 38 percent of their gross income, a threshold of affordability, by lowering the principal, reducing interest rates and extending the length of the loan term. The plan doesn't include money from the Treasury's $700 billion bank rescue and isn't mandatory for companies that received federal aid.
Conditions and Fees
Homeowners that qualify will receive notices about the program. Their loan modifications won't become final until they have made three consecutive payments, and there is no limit to the number of times a loan can be modified. The new payment will include all of the borrower's monthly housing costs, such as taxes and condominium payments.
Fannie and Freddie are paying mortgage servicers $800 to process each modification, which isn't available for investment or vacation properties. Fannie and Freddie will absorb the losses on loans or mortgage securities they own while investors in mortgage bonds guaranteed by the government-run corporations will bear a brunt of the losses on that debt.

So, if you qualify, you will receive a notice. Refinancing your home to 38% of your income will help you make those monthly payments, stay in your home and breathe a little easier! Basically, this percentage is what it "should" have been in the first place.

Maybe the Holidays won't be so bad, after all!

Historical Election Day for the United States of America

Today is November 4, 2008 and it is Election Day here in the United States of America. As many have said, it is historical for many reasons, no matter who is the President elect by tomorrow.

I voted this morning at Saint Mary's School in Warwick Neck and the turn out was not as large as I had anticipated. One of the volunteers did say that there was a large turn out approximately an hour before I arrived. I am not one for counting Electoral votes as I do not think they accurately represent the Vote of the People! To me, the Vote of the People should be the ONLY vote there is in any election. However, this is the way it is and we need to get out their and make our voices heard in sheer numbers.

My opinion is that many Americans have forgotten what our forefathers had originally intended when they wrote the Constitution. Especially the first amendment to the Constitution which is the Bill of Rights.


1 -freedom of worship, speech, press, right of peaceful assembly, right to petition the government

2 -right of citizens to bear arms3 -troops may not be quartered in private homes without owner's consent

4 -guards against unreasonable searches, arrests, seizures of property

5 -requires indictment by a grand jury for major crimes before trial, prohibits repeated trials for the same offense, forbids punishment without process & that you don't have to testify against yourself

6 -guarantees a speedy public trial for criminal offenses, trial by an unbiased jury, legal counsel for the accused, and that witnesses must attend the trial in the presence of the accused

7 -guarantees trial by jury in civil cases in anything valued at more than 20 US dollars

8 -forbids excessive bail or fines and cruel or unusual punishment

9 -people have other rights than those mentioned in the Constitution

10 -powers not delegated to the federal government belong to the states or the people

I would like my readers to take a moment and read each one, then stop and think about each one. How many of these are still the same in our current lives?Today is an important date in our history, not just because we have our first female vice president candidate and our first black candidate, but because our freedoms (Rights) have been usurped. The economy both in Federal and State governments has been grossly mishandled. We have been outright lied to and nothing can be done about it. Our rights to privacy are gone. The World hates us! The list is enormous and I do not have the time to list all the current problems we as a country are facing.

We should all be rioting in the streets, yet we are not.
Today is the day to be heard. If you do not vote today, you will have no recourse. Make this the day, we as Americans, stand up and be counted.

Take back our country. Our freedoms. Our Rights!

Green Hill Beach

I took this photo about 6 months ago. It is a new home being built on a property that my Dad sold awhile ago in the Green Hill Section of South Kingstown. The original house was an older L-shaped ranch/beach house which we all miss! Apparently Green Hill is no longer a "beach" community of cottages. All the homes there are upscale. We do miss the old "neighborhood".

Neighborhoods in Rhode Island

Once again Rhode Island Monthly has put together a great resource for Rhode Island neighborhoods. After each one there is a general synopsis of the neighborhood. Check it out here if you are wondering about a specific neighborhood. Also Active Rain has started their Localism site which will eventually be featuring small neighborhood areas.