Real Estate Law:
$129* Tel. Consult
Boundary Line Disputes
Fences and Trees
Adverse Possession
Prop 13 Tax Relief
Lower LA Property Tax Bill
Loan Modifications
Short Sale Protections
Checklist - Buying a Home
2009 Homebuyer Tax Credits
Checklist - Buying a Condo
Condo, HOA, and CC&Rs
Advising HOAs
LLCs For Rentals
Home Improvement Checklist
Mechanics Liens
Commercial Leases
Record Retention Policies
Suit For Partition
Landlord-Tenant
   3 Day Notice Pay Rent
   CA Eviction Guide
   Rent Control
   Rent & Security Deposits
   Right to Enter
   Maintenance/Repairs
   Quiet Enjoyment
   Notice
   60-Day Notice
   Eviction
   Pets
   Roommates
   Day Care in a Rental Unit
Tenant Rights in Foreclosure

---

Related Practice Areas:
Business Transactions
Corporations
Employment Law
Internet-Computer Law
Landlord-Tenant
Limited Liability Company
Partnerships
Trademark & Copyright
Wills & Trusts

---

Prepared By: Melissa C. Marsh, Los Angeles Real Estate Attorney
Written: March 2009

$8,000 Federal Tax Credit for First Time Home Buyers.

The American Recovery and Reinvestment Act of 2009 signed into law by President Obama provides "First Time Home Buyers" with an $8,000 Tax Credit. To qualify for the credit, the individual must: (1) purchase a new home, condominium, or town house that will be used as the individual's primary residence; (2) not have owned, or co-owned, a home within the past three years; (3) have an adjusted gross income less than $75,000 if single, and $150,000 if married; and (4) file IRS Form 5405. The tax credit is NOT available to non-resident aliens, or to individuals who purchase their home from a close relative.

The tax credit, is not a deduction, but an actual credit against your tax liability. In addition, the tax credit is refundable, which means that the individual will be entitled to a refund on if the tax credit exceeds the amount owed to the IRS. The tax credit does NOT have to be repaid so long as: (1) the home is purchased between January 1, 2009 and November 30, 2009; and (2) the individual resides in the home for at least three (3) years.

However, don't think you can just go out and buy a property and flip it, or rent it out. If you sell the home within the three year time frame, or fail to use it as your primary residence (e.g. rent it out), then you will be required to repay the tax credit.

To claim the tax credit, the first time home buyer must file IRS Form 5405 with their annual 1040 income tax return. The form is extremely easy to complete. All you need to do is the following:

1. Type your full name at the top;
2. In Part 1A: Type in the new home address, city, state and zip;
3. In Part 1B: Type in the date escrow closed;
4. In Part 1C: Check the Box;
5. Part II, Line 1: Enter $8,000 if one person (or married couple filing joint) purchased the property, or $4,000 if two people purchased the property;
6. Part II, line 2: Enter your Adjusted Gross Income for 2009; and
7. In Part II, line 6: Enter the figure entered in Line 1;

$10,000 California State Tax Credit for ANY Qualified Buyer of New Single Family Residence

This tax credit is available for "qualified" buyers who on or after March 1, 2009, and before March 1, 2010, purchase a single family residence that has never been occupied. Although the buyer need not be must reside in the new home for a minimum of two years immediately following the purchase date (close of escrow).

The state tax credit offers individuals who purchase a "new home" up to $3,333 off state taxes for each of the first three years after buying the home.

To qualify for the tax credit, the individual must: (1) purchase a single family residence that has never been occupied between March 1, 2009 and March 1, 2010; (2) occupy the new residence as his or her primary residence for at least two years; and (3) within one week after the close of escrow, the seller must complete Part I or Form 3528-A - Application for New Home Credit and the buyer must complete Parts II and III of Form 3528-A and fax the complemented application for the credit to 916.845.9754. You must send the completed signed form by facsimile; no other means of transmission will be accepted.

To qualify for the state tax credit, you do NOT have to be a first time home buyer, and there is no income limit. Unfortunately, the state tax credit only applies to the purchase of a "newly built" and "never occupied" single family residence.

© 2009 Melissa C. Marsh. All Rights Reserved.