Many consumers may already aware that on top of the “old” homebuyer tax credit, there is the new “$10,000″ award for California homebuyers. However, I always encountered my clients ask the following questions that I think you may like to know as well.
1. MY FRIEND HAS JUST PURCHASED A HOUSE IN CALIFORNIA BUT S/HE CAN ONLY GET $7,000 CREDIT AND NOT $8,000 CREDIT, WHAT COULD BE THE REASON?
Answer: Your friend must have fulfilled all criterior for the first time homebuyer’s credit such as purchasing his/her first home as principal resident. However, I bet the house price has not exceed $700,000 because the amount of tax credit is 10% of purchase price not to exceed $8,000 for First-Time Homebuyers or $6,500 for Long-Term Residents.
2. MY FRIEND IS A FIRST TIME HOMEBUYER BUT IS REJECTED TO RECEIVE ANY FIRST TIME HOMEBUYER TAX CREDIT, WHY?
Answer: If your friend earns over $145,000 per year as single or $245,000 as joint tax filers, s/he is not entitled to such credits.
3. I WANTED TO BUY A HOUSE NOW BUT WOULD IT BE BETTER IF I WAIT UNTIL MAY SO THAT I CAN GET THE NEW CALIFORNIA TAX CREDIT?
Answer: That will be your choice. If you enter a written binding contract by April 30,2010 and close it before June 30, 2010, you will be able to get 10% of purchase price not to exceed $8,000 as a First Time Homebuyer or $6,500 for Long-Term Residents. However, if you wait until May 1, 2010 to enter into a written binding contract, you will be eligible to 5% of purchase price, not to exceed $10,000. You may consider this depend on the purchase price of your property. Of course, you will have to fullfill all other criteria.
4. CAN YOU TELL ME MORE ABOUT THE ‘NEW’ HOMEBUYER TAX CREDIT?
Answer: The new California law offers up to $10,000 for firsttime homebuyers or buyers of properties that have never been occupied. Here is the summary:
Amount of Tax Credit: 5% of purchase price, not to exceed $10,000
Date of purchase: From May 1, 2010 to July 31, 2011, but an enforceale contract must be executed by December 31, 2010.
Principal Residence: Yes
Type f Property: Single-family residence
Eligibility: First-Time Homebuyer. Up to $10,000 if the buyer (or buyer’s spouse if any) has not owned a principal residence during the three-year period before date of purchase. Or Never-Occupied Property: Up to $10,000 for a principal residence if the property has never been previously occupied as certified by the seller.
Income Restriction: No
Maximum Purchase Price: Not applicable
Repayment: No repayment required if the buyer owns and occupies the property for at least 2 years immediately following the purchase.
Multiple Buyers (not married to each other): Tax credit must be allocated between eligible taxpayers based on their percentage of ownership.
Maximum Credit for all taxpayers: $100 million for first-time homebuyers and $100 million for never-occupied properties, both on a first-come first-served basis. (It means it will fade out if a lot of new homebuyers applied and awarded).
When to Claim: 1/3 of total tax credit may be claimed each year for 3 successive years.
How to File: Submit application to the FTB to obtain Certificate of Allocation. The FTB may prescribe additonal rules and procedures to carry out this law.
Other Restrictions: Cannot be an acquisition from related persons as defined; buyer or spouse must be 18 years old; buyer cannot be another taxpayer’s dependent; credit is allowed for only one qualified principal residence, and credit allowed cannot be a business credit under Cal. Tax & Rev. Code 17039.2
More Information: FTB web site at http://www.ftb.ca.gov/individuals/New Home Credits.html.
5. WHO MAY BENEFIT THE MOST FROM THIS NEW HOMEBUYER TAX CREDIT?
Answer: In my opinion, if you are the California taxpayers who earns more than $145,000 per year and is interested to buy a never-occupied single family house in CALIFORNIA, this might be your only chance to earn this NEW credit.
6. I LIKE NEWER HOME BUT WITH THE CURRENT AVAILABLE MARKET PRICE IN THE AREA I LIKE, I CAN ONLY AFFORD TO BUY CONDOMINIUM OR TOWNHOUSE, WHAT IS YOUR ADVICE?
Answer: Well, in that case, you should hurry because under the OLD tax credit regulations, not only Single Family Houses, but condominium, townhouse, manufactured home, apartment cooperative, houseboat, housetrailer, or other type of property located in the U.S. are all included.
7. I SOLD MY PRINCIPAL RESIDENTS LAST YEAR, CAN I STILL BE ELGIBLE TO GET THE TAX CREDIT IF I BUY NOW?
Answer: Again, you have to hurry too. If you have lived in your previous house for 5 years out of the last 8 years, you are classified as Long-Time Resident and can get up to a maximum of $6,500 credit under the OLD homebuyer credit application.
8. WILL I GET CASH FROM THE TAX CREDIT I APPLIED?
Answer: YES under the OLD CREDIT. Any amount of the tax credit not used to reduce the tax owed may be added to the taxpayer’s tax refund check.
No under the NEW CALIFORNIA CREDIT
Sources: http://www.car.org/legal/legal-questions-answers/2010
Thank you for your visit and please let me know if you want to receive a summary of the comparison of the old and new homebuyer’s credit.