Baylake Bank. Helping Build the Good Life.Baylake Bank Offers Information About Homebuyer Tax Credit Changes

November 17, 2009 -- The new Worker, Homeownership, and Business Assistance Act of 2009 that was recently signed into law includes an extension of first-time homebuyer credit as well as several other tax payer opportunities. The first-time home buyer credit was previously scheduled to expire on December 1, 2009, but the new law extends the date to April 30, 2010.

• A significant change from the previous law is that the new one provides a credit for existing homeowners who buy a home after November 6, 2009. The credit equals the lesser of $6,500, or 10% of the price of the replacement home, or $3,250 for a buyer who uses married filing separate status. To qualify, the buyer must have owned and used the same home as a principal residence for at least five consecutive years during the eight-year period ending on the purchase date for the replacement principal residence. If you’re married, your spouse must pass this test too (whether or not you file jointly).

• The home buyer credit is phased out (reduced or completely eliminated) as income goes up. However, the new law significantly raises the phase-out ranges so that many more higher-income buyers will now qualify. For purchases after November 6, 2009, the phase-out range for unmarried individuals and married couples who file separately is between modified adjusted gross income (MAGI) of $125,000 and $145,000 (up from the old-law range of $75,000-$95,000); the phase-out range for married joint filers is now between MAGI of $225,000 and $245,000 (up from the previous range of $150,000-$170,000). The credit can only be claimed for a principal residence that costs $800,000 or less.

• Also for purchases after November 6, the homebuyer must be at least 18 years old on the purchase date to qualify for the credit, and no credit is allowed for a buyer who can be claimed as a dependent on someone else’s tax returns for the year of the purchase. These new rules are intended to prevent buyers who really don’t have incomes of their own (like college students who use money from their parents to buy a home near campus) from claiming the credit.

• For credits claimed on 2009 and 2010 tax returns, buyers must attach a properly executed real estate settlement sheet to the return. Also, the IRS can now disallow credits in questionable circumstances (like when it appears the $8,000 credit is being claimed by someone who already owns a home).

• The new law enables homeowners to claim the credit for a 2009 purchase on 2008 tax returns, or to claim the credit for a 2010 purchase on 2009 Form 1040. This allows you to cash in on the credit sooner rather than later, and it may also allow you to claim a larger credit if your income in the year of purchase is higher than in the preceding year.

• For military service members on extended duty outside the U.S., the new law lengthens the deadline for closing on home purchases for an extra year, to April 30, 2011 (or June 30, 2011 for homes under contract on April 30, 2011). The new law also waives the credit repayment rules for service members who are forced to move due to new orders. The same special rules apply to members of the foreign service and intelligence communities.

Source: www.SmartMoney.com 

For more information, contact a Baylake Bank Mortgage Lender at (920) 743-5551 or 1-800-267-3610.

Member FDICEqual Housing LenderBaylake Bank, Member FDIC/Equal Housing Lender, serves its communities from 28 financial centers in Brown, Door, Green Lake, Kewaunee, Manitowoc, Outagamie, Waupaca, and Waushara counties and from its website at www.baylake.com.

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