Details About the $8,000 First-Time Home Buyer Tax Credit

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8000 First Time Home Buyer Tax CreditWant a free $8,000 tax credit just for buying a home? Well, if you’re a first-time home buyer, you may be eligible for a first-time home buyer tax credit of up to $8,000. If you ever thought about buying a home, now might be a good time to go for it.

I know this credit has been around for some time now. But earlier in the year I wasn’t too interested in it. Truthfully, I was mad that I didn’t get 8 Gs towards my home purchase, which I bought back in 2007. But, I’m over it now, and there’s been enough changes with this thing to warrant a fresh post from me. So, here goes.

About the $8,000 First-Time Home Buyer Tax Credit

Back in 2008, in attempts to spend our way out of trouble, the US Government passed the Housing and Economic Recovery Act. Included in the act was a credit for all first-time home buyers of $7,500. That credit was then replaced by a $8,000 tax credit as a result of the American Recovery and Reinvestment Act of 2009.

The credit, as you can tell by the name, is meant to encourage the purchase of homes by people who don’t already have them. I guess the theory is that all these newbies get out there and buy the homes lost in foreclosure.

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How Much is the Home Buyer Tax Credit?

The 2008 credit was for $7,500, and unfortunately needed to be paid back. The current 2009 version is for $8,000, and never has to be paid back. That’s amazing, isn’t it? I’m so jealous.

To clarify, the credit is “up to” $8,000. It’s actually the lesser of 10% of the home price or $8,000. That’s a nice chuck of free cash. I can think of a lot of things I could do with that credit.

It should also be noted that the credit is refundable. So, it does more than just offset taxes owed. You get the extra cash in had.

Who is Considered a First-Time Home Buyer?

Okay, so if I don’t qualify for this credit, who does? First-time home buyers according to the IRS guidelines are taxpayers who have not owned a principle residence at any time during the three years prior to the date of the purchase. So, really, it should be called “it’s been a while” home buyer credit.

And you must be purchasing the home. It can’t be a gift.

Another stipulation is that you must stay in the home for three years. (How is the IRS going to audit that one?)

Important Dates

The home purchase should be made between January 1, 2009 and November 30, 2009 to be eligible for the 2009 credit of up to $8,000. Purchases prior to January 1, 2009 are only eligible for the 2008 version.

So, the key thing to take away from this is to make sure you find your best mortgage rate and purchase your home before December 1, 2009. I bet that will be a hectic closing day for some. Although, I’m thinking this credit might get extended, cash-for-clunkers style. UPDATE: The credit was extended as predicted.

How to Apply to Get the Credit Now

Getting the credit is extremely easy. The IRS has created a form to be filed with your return. It’s Form 5405, and it essentially only requires that you list the date of the purchase, purchase price, and the address of the home. The 2009 credit can be taken against your 2008 return. So, if you buy a home today and qualify for this credit, you can file an amended 2008 return and receive your $8,000 credit now. Actually, the process apparently takes around six weeks. Still, that’s fast action.

Income Limits

In it’s continued assault on high earners, our government required that this credit only be given to those under certain income levels. Joe the Plumber would be proud. Anyway, here are the specs: the credit phases out for incomes between $75,000 to $95,000 for a single filer, and $150,000 to $170,000 for couples.

Fraudulent First-Timer Claims

When I first looked into this credit and how easy it was to make the claim, I thought surely the IRS must be getting flooded with fraudulent claims. After all, you don’t need to turn in anything but the one Form 5405. No closing documents. No sales contracts. Nothing.

Recent news is saying that there is fraud out there. And the IRS is cracking down on the tax preparers that are caught over-doing it, and/or skimming from the top. Tax preparers are obviously held to a higher standard. If the IRS catches you, you’ll likely just face back taxes and penalties. That makes me think many taxpayers might be cheating the system here and taking their chances for the $8,000.

Regardless, this looks to be another tax payer funded program that could legitimately put cash in your pocket, if you’re in the right place at the right time. I wish I was.

I’d love to hear your story of buying a home this year as a first timer. If you recieved your $8,000 credit already, or if you are planning on getting it before the deadline, let us hear about it in the comments below.

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We bought our first home in Sept. of 2009 and we amended our 2008 return and got the full $8000 a short time later in October 2009. It was awesome!

meemee 5 pts

I bought a house at the beginning of 2011 and closed the deal april 30 2011. Can I still get a housing amendment tax credit for the purchase of my house. do they still have the housing tax credit for 2011

stevedenise 6 pts

Also also, we studied the programs down to the fine print, if you live in an RV you are fine etc. We even have the dates correct but IRS MAIN LOCATION reply "applied prior to legislation passage, PLEASE PROVIDE PROOF OF HUD". So hud papers cleared that up with local office agent. Why would they say before legislation passage. I am only concerned because the agent did what she could as a phone agent did once before then we were denied again. Each time they change their mind it costs $120 per month in late fees. I will opt out of ANY future tax credit plans. NO WAY. If I could pay the 8 grand back without the BS interest even though we currently owe nothing I think I would because someone can ping your return and it starts all over again.

stevedenise 6 pts

We have been through the ringer with this. Approved, then 2 years later disallowed $9400 required ASAP, appealed with nice IRS agents. New letter Disallowance in ERROR by the IRS from the IRS. 2 months later bill for $9500 and threatening to seize property if not paid. Filed HUD papers and all good for now. What is scary and stinks is you can be OKAY then NOWAY? Also, I am so scared even though the IRS agent assured me all was well of getting another denial letter. Agents are generally nice.

CINDY10 5 pts

DOES ANYONE KNOW IF THEY ARE DOING THE REFUND FOR FIRST TIME BUYERS OF 2011..PLEASE LET ME KNOW.. THANKS ;)

SammyJ 5 pts

I am a recent home buyer. oct. 2011. i am wondering if there is anything for homebuyers still out there or not? please let me know :)

fthbc 5 pts

i bought a home in december 2008 and moved 2.5 yrs later...now the IRS wants me to pay $1500 in penalties and $950+ in interest plus the $7500 back right away.

Is this right...how are we suppose to know that in this current job market, I would have to move and not be able to live in the house .....

fthbc

Yes that is right, it's one of the main stipulations, you took the gamble, no one knows for sure that they will be able to stay in a house for any amount of time but you willing took the money with that listed as a stipulation so it's your job to pay it back. Plus, in 2008 the credit has to be paid back over the course of the next 15 years anyways. If you waited until 2009 the credit did not have to be paid back unless you moved before the 3 years was over.

Hello,
I still have a question now that year is ending and I haven't complete the 5405 because I haven't been sure about it...

If I enter into a contract on April 2010 with a builder to build my first new, and the house was to close on October but we closed on September 30th...am I still qualified?

I am asking the question because the form 5405 says something about the binding contract on July which is confusing...

Thanks!

Hi I have a question,I'm not a U.S cetizen yet ( green card holder) I purchased my first house last june 2010, but my monthly income from the V.A and SS for survivor benifets and its untaxable. But my monthly payment for the house includes with tax. Is there a possibility I can file for tax refund? I just want to know whats my availability for tax refund.
Hope you can help me.

Thank you,

The IRS is a pile of dung as far as I'm concerned. My wife owned a home, we got married and six months later purchased another home in the state we were living in. I had never purchased a home. Because I married her the IRS says that I had principle interest in the home and now we owe a $1500 penalty plus interest. The title was still firmly in my wifes name only and I had no real claim to the home, yet three years later the IRS is coming after us saying that I did not qualify! IF THIS IS YOUR SITUATION DO NOT TAKE THE CREDIT THEY WILL F$#% YOU FOR IT!

I appreciate your effort, its an excellent post for first time home buyer. Details you mentioned would help the first time home buyers

Hey guys!
my husband and I bought a house in 2011, do any of you guys know if this tax still exists?

Wow what can I say I filed in March of 2010 for the 8,000 credit on our taxes. August they denied us saying that we only bought land and not a home well there is a house built here on the land I am living in and had been so appealed which starts the process over and well I got the credit in May 2011. Yep it took over a year for them to approve it. It took lots of back and forth of sending then this and that but we got it just took forever. I hope everyone else had a easier time getting it.

I just received a letter from the IRS dated July 29, 2011, disallowing my first-time homebuyers credit, because I closed on my home on April 2, 2008, and apparently, the law was enacted on April 9, 2008, unbeknownst to me. I got the credit on my piddly little home that cost $72,000, have begun to pay it back via my last tax return/tax obligation. Now they apparently want me to pay it back quicker, and it will certainly cause a severe hardship for me to do so. I use TurboTax, and nothing was asked or said about the exact date of the enactment. One week early, and I don't get the credit. What to do?

I've got the credit but no one finance me a home becouse my credit is less than 500 so I had to wait while waited I spend the money now no money no home and am back to my old job after 1 year ...what happens nowwill I pay back I got it in 2009...now my taxes can't be done is asking for my info of my home

@Joedy - Yep. It's eligible. Both the motor home and the land you purchase to put it on.

Hi PT. Any chance, above slim and none, that a MOTOR HOME would be eligible for the credit?

David B., you should be okay because you signed the contract by April 30th. Now you have until June 30th to close.

David B, You will have to close by the 30th to be eligible for the credit.

I'm purchasing a short-sale house. The seller has signed the contract, but I'm waiting for the bank holding the mortgate to approve the sale price.

Question: For short sales, does the bank holding the mortgage have to approve the sale price by April 30th for me to be eligible for the $8000 tax credit, or is it enough that the buyer (me) and seller have signed a contract before Apr. 30th?

They usualy process it all at the same time but it seems like they are doing every case a little differant, I don't think they ever planned on this big of a response.

I filed for the 8000 dollar first time home buyers credit back in March. Including my federal and state I was supposed to get back roughly 10000. I checked my account today and I have recieved the 2000 of my state and federal but I havent recieved my 8000 home buyer credit yet. Is the home buyer credit processed seperately?

Stephanie, I am so sorry they are putting you throught this after all you and your Husband have already been through. Did they give you areason for the denial?
Try writing or calling your Congressman and Senator. Thank your Husband for his service and hope you get the money soon.

Huh... curious everyone has had such a great experience. I just got a letter TODAY that our credit was DENIED. We are a military couple, husband was injured in Iraq and is being medically retired due to his injuries. As a result, we bought a home (a fixer-upper) so we would have somewhere to live once out of the Army. We have never owned a home before, and certainly don't make too much money! Yet for some reason we have been denied! We filed in February, and have waited for three months... we were counting on that money to buy appliances and replace doors and locks in the home, now I don't know what we'll do! I am so frustrated and so scared... my husband doesn't deserve a denial after what he's been through. And I just don't know where to turn for help.
But hey, why should an injured Iraqi war vet get the $8,000 he deserves to help provide for his family, he only put his life on the line so everyone else could get it.

I am so hurt... and feel so discarded right now. I just don't what I am going to tell him when he walks in the door from work tonight.

Thanks to Joanie, Lisa, and Nick.
It seems like they do want all this , so I will send it all to be safe.

-Lisa- i heard from an accountant who does my taxes...i guess these new rules were added when the extension for new homebuyers was added (not sure exactly when) but i'm pretty sure in november '09. i havent heard anything back from my senators after leaving messages, but i will continue to again

I closed on my house on 2/26/2010 and mailed my tax return in mid-March. All I included was a copy of the fully executed HUD form and in less than 6 weeks, I received my refund.

Yes I had to do the same thing... I also had to mail in my taxes this year since I had to send paperwork to prove I bought my house. A few weeks ago I got a letter and forms back from the IRS asking me to send in a copy of my DL and paystubs with my new address on them. I sent them in about 2 weeks ago and have not heard anything back yet (keeping my fingers crossed!). So I think this is pretty standard so you should not worry - I will post again when I actually get the money!!! Good Luck!

My Daughter bought her home in 2009. I filed her taxes for her using tax act on line, but we had to print the return and mail it. All we included was the signed Hud-1 and she got her $ 8000 dollars in a few weeks.
Now I am in the process of buying a home, and have a signed contract before the April 30, 2010 deadline. I called H&R Block to see if they will file for me after we close and was told yes for $ 99 , I alreadt did mt 2009 taxes on their online program, so will have to do an amended return. They told me I would need the HUD-1 and a Drivers Licences with the new address, a recent pay statement with new address, a bank statement with new address and a mortgage statement. I can't find anywhere online where it says you have to have all this proof. Does anyone know about this?

@nick - I can understand your pain! I closed on my first home last Nov. 20th and I bought it in a short sale from my b/f's parents and we had actually been living there renting the place for 3yrs before I bought it. Myself and my b/f's parents had to show endless paperwork to prove that I was not buying it to 'bail them out' it was a HUGE pain but there defiantly a parent clause that says you will not qualify if you purchase from family, it sucks, thank goodness I lucked out. I sent in my tax return this last Feb. and just recived paperwork from the IRS asking for 2 forms of proof that I actually live there (DL and paystub), just dropped it in the mail this morning - keeping my fingers crossed!

I think we were used at getting this credit, as we didn't fully understand it. We've been taken advantage of and don't know where to go or what to do about it. Alot of things weren't told to us until it was to late to stop the signing. We felt we had no choice in signing contract with this man. We're disable and need help. Please help.

@Lisa - My understanding is that the relative clause has always been in there. The docs required may have changed, but the purpose behind the credit remains the same.

Heather, Nick, and PT:
I read your posts and am wondering a few things.
Nick:where did you find info about the dates the new stipulations went into effect? I am goint to try to contact my senators and reps (Mass.) as well.

In April 2009, My sister purchased at fair market value (2 appraisals) my grandmother's house. The house was actually in a trust (that my mother was in charge of) so she actually purchased from the trust. She has now been told by a tax preparer that she doesn't qualify.

PT: My Q is, if she were to file an amended 2008 return, would she still fall under the new stipulations...or those in effect at the tax time April 15, 2009? If people previously didn't have to supply extra info/didn't matter if you bought from a relative...would that still work now?

well it has been about 7 weeks and i havent recieved my house credit yet when do you suspect i shall recieve my tax credit im really getting frustrated.

I purchased my first home last year assuming i would qualify for the $8000. Now i find out as i am having my taxes prepared that i am disqualified because i bought the home from my parents. This is totally unfair!!!! My parents moved and their house sat on the market for almost two years. I took out a mortgage and purchased it at fair market value and i should not be cheated out of the tax credit. I closed on the house in August and then this stipulation was signed in November!!!!! I understand why this was added...people try to cheat the system, but what about people like me who did everything by the book and then they change it on you after you buy the home?!!!! The re must be a way for this to be amended....??? i contacted two of my state senators and haven't heard anything back from their staff and probably won't. I don't know what else i can do.

I applied for the $8000.00 taq credit the middle of november 09.
The first week of Feb 2010 They asked for utility bill driver license with the new address on it. The middle of March the sent a letter rejecting my claim saying public records show me as owner of a home. I called them and was told I had utilities at my old address. Well I did, I rented that place since 2005 utill purchasing the home I now live in. I haven't owned a home since 1993. I bought new furniture on a credit card with regard to getting this $8000.00 in 10 weeks as I was told. The interest is 25% and costing me between$100.00 and $150.00 per month. My $8000.000 is shrinking very fast waiting for my check. I don't know if I am going to get it or not. I qualify as much as anybody for this check. These are the same people that will handle our health care.

Okay, this one is interesting:

Hello,
I closed on November 25, 2009. I sent in the paperwork for the $8,000 credit the very next day. About a month later, I got notice that I was to be audited for the $8,000 and would need provide proof of purchase to include:

A copy of the completed purchase contract
A copy of personal identification reflecting my new address
A copy of the mortgage statement showing payments to my new address
A copy of my bank statement showing my new address as the mailing address

Since I had just made my first mortgage payment, I couldn't send any of that paperwork until the end of January. But when I did (and I faxed it over by the way) I didn't receive any additional notice until a week ago (mid-march) at which point I was informed that I would finally be receiving the credit by direct deposit on the 19th of March.
I still haven't received the money and after double checking the routing and bank account numbers, know that the problem is not on my side.

So please, just know that some folks like are having a painstaking time getting the credit. Do not rely on the money for any kind of bills nor expect this to be an easy process for everyone.

Do we qualify for either first time home buyer or long time resident if...
My husband inherited a house from his grandfather in 2004. He filled out the paperwork to get his mother's name off the deed and it be soley his. She signed everything. (We married in 07) In June of 2009 we closed on our first home together. We qualified for a first time home owner loan. We also refinanced the inherited house and found that his mother's name was still on the deed so we had to fill out paper work again and then we added my name. We were told by the bank we would qualify for the first time home buyer credit but now we are slightly confused!!!

Has anyone been taken by fraud in getting this $8,000
tax credit? Like doubling the price of property when it was
posted in paper at a certain price, and lender charges you
more plus doesn't give you all the land that went with the
property. He purchased it for around $50,000 and now
charging us $100,000 and also not allowing all the land
that was suppose to be included. Please help, does anyone
know who I can turn to for help. I am disabled widow and I
feel I was taken advantage of.

My wife and I bought a house with our adult daughter.
My wife and I are inelibible for the first time home buyer credit as we own a home. We own 50% and our daugher owns 50%
Our daughter does qualify for the credit.

I wanted to run a reasonable basis by you. My wife and I bought our 50% share for the sole purpose of investment property. Our daughter's sole intent was to become a 1st time home buyer. Hence, we would like to allocate 100% to her with the reasonable basis being her intent to buy her first home. Her share of the property was sufficient to qualtify for the full $8000.

What do you think?

@zg - The previous property tax payments might throw up a red flag for the IRS. They may require you to give more information. However, I think you are a true first time buyer and they will ultimately treat it that way. You should call the IRS and/or go sit with a CPA to discuss your situation. They will be able to tell you for sure. Congrats on possibly getting our own place.

@Rhea - I would call a CPA and look into either one of two things: amend your 2008 return to get the credit applied there, OR waiting to take the credit in 2010. I don't know for sure if either are possible, but it's worth looking into.

I purchased a home in October of 2009, am single, and was hoping to get the fiirst time home buyers credit. However, I took a retirement distribution to purchase the house and now find I've made too much money. Could I not take advantage of this program now and hope that I could claim it next year?

I am living in a co-op build under National Housing Act section 221(d)(3). Nobody own the co-op. The residents pay $2k to buy a membership certificate and co-own it, and elect a board to manage it. We pay several hundred $ monthly rent. We are not allowed to rent the unit to other people. When we move out, we are not allowed to sell the unit, we only return the membership certificate and get the $2k back. We were told 10% of the rent goes to property tax. So for 2008 tax return, I claimed standard deduction plus several hundred dollar property tax. I did not claim mortgage and did not itemize.

My question: am I qualified for the $8K? Am I currently owning a unit or renting a unit?

I am still waiting on getting my $8k. It has been 18 weeks and I called the IRS for the second time today (the first time they said a check was in the mail). They said that they are sending me a letter asking for more information before they send me a check. And I did fill out all the required information and form 5405 when amending my return. So it is not a quick 6 weeks to receive your 8k. This has been a painful process, I wish the government could get their act together on this. I hope to be receiving my return soon but I imagine it will be awhile by the time I get the letter asking for more information, fax them back what they need, and have them process my credit all over again, and finally (hopefully) send a check!

Our son bought his first home in Utah in August 2009. He gets the credit of $8000. Now in March of 2010, he has taken a job in California. He needs to rent an apartment there, and he will keep the house in Utah, and he will still own it.....Does he have to repay the $8000 if he rents out all or part of the home in Utah?

@ereic - no, you made too much money. the top of the threshold is 95K

if i made over 150k filing single do i qualify for the firs time home buyer 8000 tax credit

followup: We had no mortgage and only paid a small fee for a tag sticker (just like for a car) on the old mobile home.

I am about to inherit a house that my grandfather passed on to me. I am in the process of purchasing a house in another state. Do i need to buy the new house before the inherited house is put in my name or does it matter since i wont be buying a house but inheriting it. I can prolong the passing of the title into my name. Is this necessary?

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