If you’re lucky enough to live in the State of California, enjoying the great climate and geography, diversity and culture, history and charm, arts and entertainment, and landmarks and outdoor activities, you may also be able to add tax credits to the list of fringe benefits of living in California if you purchase a home soon.
With home prices and interest rates at historical lows, fortunate home buyers in California may qualify for a federal tax credit up to $8,000 in addition to the recent state tax credit up to $10,000 (if you time your purchase right over the next few months). However, taking advantage of Uncle Sam’s generosity will have to be timed right and not all may qualify.
Many home buyers who plan to be in escrow by April 30, 2010 and close escrow by June 30, 2010 realize they qualify for up to an $8,000 federal home-buyer tax credit.
An eligible taxpayer must purchase, or enter into a binding contract to purchase, a principal residence and close escrow on or before April 30, 2010. However, the tax credit will qualify if a binding purchase contract is signed by April 30, 2010 and escrow closes by June 30, 2010.
Many home buyers may attempt to delay their close of escrow until after April 30, so they can also qualify for the new California home-buyer tax credit, which was signed into law recently. The state credit is worth up to $10,000, spread over three years. Although the chances of taking advantage of both tax credits is relief to many prospective home buyers, timing is key and the amount of buyers who will benefit from both credits may be slim.
To qualify for both the state and federal tax credits you must buy the home as your principle residence, you must be in contract on or before April 30, 2010 and you must close escrow between May 1, 2010 and June 30, 2010, and meet all other requirements. Timing will be tricky, especially if you’re in escrow on a foreclosure or short sale, which may not close escrow in the short window of time to take advantage of both tax credits.
Prospective buyers who have already locked in a mortgage rate may lose their rate, or will have to pay an additional fee to extend their rate lock (if they choose to postpone their closing to possibly reap the benefits of both tax credits).
The federal tax credit for first-time home buyers (the IRS defines a first-time home buyer as someone who has not owned a principal residence the past three years prior to the purchase) is equal to 10 percent of the purchase price (up to a maximum of $8,000, as the tax credit applies only to homes priced at $800,000 or less). The tax credit doesn’t have to be repaid unless the home is sold or no longer used as the buyer’s principle residence within three years after the purchase.
Buyers can claim the federal tax credit when they file their tax return (or amend the prior year’s return). This credit is refundable and the entire amount will be paid, even if you have zero federal tax liability or the credit is more than your federal tax.
The credit is also valid for current homeowners buying a replacement principal residence. Eligibility to claim the tax credit states that the buyers must have owned and lived in their previous home for five consecutive years out of the previous eight years. The tax credit is equal to 10 percent of the purchase price (up to a maximum of $6,500 and the tax credit applies only to homes priced at $800,000 or less). The credit is available if the home was purchased between November 7, 2009 – April 30, 2010. However, the tax credit will qualify if a binding purchase contract is signed by April 30, 2010 and escrow closes by June 30, 2010. The income limits are $125,000 for single taxpayers and $225,000 for married couples filing joint tax returns. The tax credit doesn’t have to be repaid unless the home is sold or no longer used as the buyer’s principle residence within three years after the purchase.
The State of California tax credit is the lesser of 5 percent of the purchase price or $10,000. First-time buyers can purchase a new or existing home but repeat buyers can only purchase a new home that has never been occupied.
The California credit is spread over three years, up to $3,333 per year and it is not refundable. If you owe less than $3,333 in one (or more) of those years, you lose the difference that year. Even if you owed $3,333 before you owned a house, you might owe less due to of all the new tax deductions.
The state credit does not have an income limit or purchase price limit, however, some buyers who fall below the income limits for the federal credit might not owe enough California tax to get the full benefit of the state credit.
To get the California credit, you must close escrow between May 1, 2010 – December 31, 2010, or whenever the money for the program runs out, whichever comes first (the money will probably run out before December 31, 2010).
The state credit for new construction can be reserved if you enter into a contract between May 1, 2010 – December 31, 2010 and close escrow prior to August 1, 2011. If you choose this route, you will not qualify for the federal credit because you entered into a contract after April 30, 2010.
Buyers should consult a well-informed tax advisor and understand both credits.
Posted By:
Doug Hecker