Tax Credit For First Time Home Buyers.  This is a Buyers Market.
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Hillard N. Einbinder, Attorney at Law
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1st Time Home Buyers
2009 FIRST TIME HOME BUYER TAX CREDIT

It’s an unprecedented Buyer’s market right now.   Interest rates are at an historic all time low.  Why are you still on the fence?  If you are: (1) a first time home buyer (defined as someone who has not owned a principal residence for the last 3 years), (2) single person with adjusted gross income of $75,000 or less (or a married couple with adjusted gross income up to $150,000), and (3) plan to purchase a home.

You may be making a huge mistake if you do not immediately get off the fence and start searching for a home.

The essential VITAL fact is that the "First Time Home Buyer Tax Credit"  was included in the $787 Billion Dollar Stimulus bill that was signed into law in February of 2009 will expire on December 1, 2009,  Expiration is right around the corner!

If you do not find a home and close on it before December 1st of this year, you will be walking away from a check in the amount of eight thousand dollars ($8,000.00).  Can you afford to turn your back and walk away from a gift of $8000,00?   If not, then time is running out for you!

To avoid losing out, here’s what you need to do:  

First, you should check your credit. If you have any issues, hopefully, you can give them a quick fix.   Otherwise, in view of the December 1st deadline, you should immediately apply for a mortgage pre-approval with your current scores. You also need to line up your lender, your real estate agent, and a property inspector. If you move quickly, you should be in good shape.  Remember, it could easily take 30 days or more to obtain a mortgage commitment, and if the property that you want to purchase is a “short sale” property, it commonly takes 60 days or more to find out if the Seller’s lender will permit the sale to go through at the contract price.


Things to Know about the 2009 First Time Home Buyer’s Tax Credit:

1. First Time Home Buyers Only A first time home buyer is any person who has not owned a principle residence within the three year period prior to purchase. If you are married, neither you nor your spouse may own a principle residence. You will not be disqualified from the credit if you own other real estate that is not a principle residence – for example, a rental property.

2. Time Limit to Purchase You must purchase between January 1, 2009 and December 1, 2009. To qualify for the credit, you must close on your home and file the deed to your property by December 1, 2009.

3. Amount of Credit 10% of the cost of your new home, up to a maximum of $8,000. Accordingly, if you purchase for $70,000 and qualify for the credit, you will receive a tax refund in the amount of $7,000. If you purchase a home for $125,000, your refund will be capped at the $8,000 maximum.

4. Deduction vs. Credit/Refund A deduction merely reduces the amount of income that is subject to tax. A tax credit is significantly more valuable to you. It is a dollar for dollar refund of tax. Because the credit is “refundable”, qualified buyers will receive a direct cash benefit even if they have very little tax liability. For example, if your 2009 income tax liability is $500, you will receive a refund in the amount of $7,500.

5. Income Limits To qualify, a single purchaser’s Adjusted Gross Income cannot be greater than $75,000. The income limit for a couple is twice that amount, or $150,000. So, if alone, you exceed the $75,000 income limit, but together with your fiancée have Adjusted Gross Income in the amount of $150,000 or less, jointly, you do qualify for the credit and if you both marry and purchase a home for more than $80,000 by December 1, 2009, your Uncle Sam will give you an $8,000 wedding present.

Note: If you exceed the applicable income limits, you may still qualify for a credit, but at a dramatically reduced amount.

6. What Homes Qualify? All single family homes qualify. This includes condominiums, modular homes, multi-family homes (provided that you occupy one unit), and new construction, provided that you occupy the home by December 1, 2009.

7. Recapture:  If you take the credit, you must occupy the home for at least 3 years to retain the tax benefits. If you sell within 3 years, you have to give back the credit to the government.

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DISCLAIMER:  This entire website and all information contained herein are intended for informational purposes only and should not be construed as legal advice.  You should always seek competent and licensed legal counsel in your home area for advice on any legal matter.  The laws, rules and regulations can vary from jurisdiction to jurisdiction.

Copyright © 2007 - 2009 Hillard N. Einbinder, Esq.