Home Buyer Tax Credit Q&A

First Time Homebuyer Tax Credit Extended Into 2010!
Plus...A New Tax Credit for Certain Existing Home Owners!

It's official. President Obama has signed a bill that extends the tax credit for first-time homebuyers (FTHBs) into the first half of 2010. This program had been scheduled to expire on November 30, 2009.

In addition to extending the tax credit of up to $8,000 through June 30, 2010, the extension measure also opens up opportunities for others who are not buying a home for the first time.

So Who Gets What?
The program that has existed for FTHBs remains intact with the one exception that more people are now eligible based on an increase in the amount of income someone may now earn.

Additionally, the program now gives those who already own a residence some additional reasons to move to a new home. This incentive comes in the form of a tax credit of up to $6,500 for qualified purchasers who have owned and occupied a primary residence for a period of five consecutive years during the last eight years.

Deadlines
In order to qualify for the credit, all contracts need to be in effect no later than April 30, 2010 and close no later than June 30, 2010.

Higher Income Caps in Effect
The amount of income someone can earn and qualify for the full amount of the credit has been increased..

Single tax filers who earn up to $125,000 are eligible for the total credit amount. Those who earn more than this cap can receive a partial credit. However, single filers who earn $145,000 and above are ineligible.

Joint filers who earn up to $225,000 are eligible for the total credit amount. Those who earn more than this cap can receive a partial credit. However, joint filers who earn $245,000 and above are ineligible.

Maximum Purchase Price
Qualifying buyers may purchase a property with a maximum sales price of $800,000.

First-Time Homebuyer Tax Credit – Frequently Asked Questions
Here are answers to some commonly asked questions about the tax credit.

What is a tax credit?
A tax credit is a direct reduction in tax liability owed by an individual to the Internal Revenue Service (IRS). In the event no taxes are owed, the IRS will issue a check for the amount of the tax credit an individual is owed. Unlike the tax credit that existed in 2008, this credit does not require repayment unless the home, at any time in the first 36 months of ownership, is no longer an individual's primary residence.

What is the tax credit for first-time homebuyers (FTHBs)?
An eligible homebuyer may request from the IRS a tax credit of up to $8,000 or 10% of the purchase price for a home. If the amount of the home purchased is $75,000, the maximum amount the credit can be is $7,500. If the amount of the home purchased is $100,000, the amount of the credit may not exceed $8,000.

Who is eligible for the FTHB tax credit?
Anyone who has not owned a primary residence in the previous 36 months, prior to closing and the transfer of title, is eligible. This applies both to single taxpayers and married couples. In the case where there is a married couple, if either spouse has owned a primary residence in the last 36 months, neither would qualify. In the case where an individual has owned property that has not been a primary residence, such as a second home or investment property, that individual would be eligible.

As mentioned above, the tax credit has been expanded so that existing homeowners who have owned and occupied a primary residence for a period of five consecutive years during the last eight years are now eligible for a tax credit of up to $6,500.

How do I claim the credit?
For those taking advantage of the tax credit in 2009, you may choose to either apply for the credit with your 2009 tax return or you may apply for the credit sooner by filing an amended 2008 tax return with Form 5405 (http://www.irs.gov/pub/irs-pdf/f5405.pdf).

Can you claim the tax credit in advance of purchasing a property?
No. The IRS has recently begun prosecuting people who have claimed credits where a purchase had not taken place.

Can a taxpayer claim a credit if the property is purchased from a seller with seller financing and the seller retains title to the property?
Yes. In situations where the buyer purchases the property, even though the seller retains legal title, the taxpayer may file for the credit. Examples of this would include a land contract, contract for deed, etc. According to the IRS, factors that would demonstrate the ownership of the property would include: 1. the right of possession, 2. the right to obtain legal title upon full payment of the purchase price, 3. the right to construct improvements, 4. the obligation to pay property taxes, 5. the risk of loss, 6. the responsibility to insure the property and 7. the duty to maintain the property.

Are there other restrictions to taking the credit?
Yes. According to the IRS, if any of the following describe your situation, a credit would not be due.

You buy your home from a close relative. This includes your spouse, parent, grandparent, child or grandchild.
You do not use the home as your principal residence.
You sell your home before the end of the year.
You are a nonresident alien.
You are, or were, eligible to claim the District of Columbia first-time homebuyer credit for any taxable year. (This does not apply for a home purchased in 2009.)
Your home financing comes from tax-exempt mortgage revenue bonds. (This does not apply for a home purchased in 2009.)
You owned a principal residence at any time during the three years prior to the date of purchase of your new home. For example, if you bought a home on July 1, 2009, you cannot take the credit for that home if you owned, or had an ownership interest in, another principal residence at any time from July 2, 2006, through July 1, 2009.
Can you buy a home from a step-relative and be eligible for the credit?
Yes. Provided the person you are buying a home from is not a direct blood relative, the purchase would be allowed.

Can parent(s) who will not live in the property cosign for a mortgage for their child and the child that is a qualifying FTHB still be eligible for the credit?
Yes.

Can a separated spouse who has not owned a home for four years qualify for the FTHB tax credit if the spouse has owned a property anytime in the last three years?
No. However, the spouse may be eligible for the repeat buyer credit. The best path to take in any situation regarding income taxes is to speak with a professional tax preparer or CPA.

Best Time to purchase a Rental property....EVER!

RIGHT NOW is the perfect time to purchase a rental property.


Prices are low, Interest rates are even lower! Owner's are desperate to sell or have gone into short sale or foreclosure status.
Many of my investor clients simply rent out the home and are waiting until the market fully comes back to where they will make a profit. if you are in the position to purchase a rental property, NOW IS THE TIME!
Ask me for a list of homes that would be perfect for a rental property!!

HGTV's House Hunters is Coming to Atlanta!!

HGTV’s House Hunters is COMING TO ATLANTA!

Are You or Anyone You know wanting to purchase a home in the next couple of months and have a great story to tell?

If so, contact Me today and submit an application and we can have the whole world watch us go through the process of purchasing a Home on HGTV’s House Hunters!

This is a very exciting opportunity! I have been in direct contact with the casting producer and director for the show and I have all of the paperwork needed to move forward!
Call or email me for more information!

Katy Foltz - Realtor®

Certified REO/Foreclosure Specialist

Keller Williams Realty- Community Partners

Office 678.341.7968

Fax 678 341 7969

Mobile 678.860.2220

kfoltz@kw.com

Amazing 4 Bedroom Home in Cumming for a 3 bedroom price!

ONLY 48 Business Days Until Thanksgiving!

Did you know that there are only 48 Business days left until Thanksgiving?? In order to get the First Time Homebuyer Tax credit you must be closed by November 30th! It may seem far away but I promise that if you are wanting to take advantage of that....it is imperative to put an offer on a home, in order to close in time, in the next couple of weeks at the latest! ....especially if it is a short sale or foreclosure!

REALTOR vs. Real Estate Agent

There is a difference! Did you know that?

Both are licensed to sell real estate....BUT......A REALTOR is a member of the National Association of REALTORS and that means that REALTORS must follow the REALTOR Code of Ethics.

Here is What REALTORS follow that agents do not have to:


#1) Pledge to put the interests of buyers and sellers ahead of their own and to treat all parties honestly.

#2) Shall refrain from exaggerating, misrepresenting or concealing material facts; and is obligated to investigate and disclose when situations reasonably warrant.

#3) Shall cooperate with other brokers / agents when it is in the best interests of the client to do so.

#4) Have a duty to disclose if they represent family members who own or are about to buy real estate, or if they themselves are a principal in a real estate transaction, that they are licensed to sell real estate.

#5) Shall not provide professional services in a transction where the agent has a present or contemplated interest without disclosing that interest.

#6) Shall not collect any commissions without the seller's knowledge nor accept fees from a third-party without the seller's express consent.

#7) Shall refuse fees from more than one party without all parties' informed consent.

#8) Shall not co-mingle client funds with their own.

#9) Shall attempt to ensure that all written documents are easy to understand and will give everybody a copy of what they sign.

#10) Shall not discriminate in any fashion for any reason on the basis of race, color, religion, sex, handicap, familial status, or national origin.

#11) Expects agents to be competent, to conform to standards of practice and to refuse to provide services for which they are unqualified.

#12) Must engage in truth in advertising.

#13) Shall not practice law unless they are a lawyer.

#14) Shall cooperate if charges are brought against them and present all evidence requested.

#15) Agree not to bad mouth competition and agree not to file unfounded ethics complaints.

#16) Shall not solicit another REALTOR'S client nor interfere in a contractual relationship.

#17) Shall submit to arbitration to settle matters and not seek legal remedies in the judicial system.

I would love to be YOUR REALTOR of Choice!

Ways to avoid FORECLOSURE!

WAYS THAT HOMEOWNERS
CAN AVOID FORECLOSURE

REINSTATEMENT:
o THE OWNER CAN PAY BACK ALL MISSED PAYMENTS, LATE FEES AND LEGAL FEES THAT ARE DUE UP TO THE DAY THE LOAN IS REINSTATED.

REPAYMENT PLAN:
o THE LENDER WILL ALLOW THE OWNER TO REPAY THE AMOUNT MISSED OR ADD THE MISSED PAYMENTS ON TO THE END OF THE AMORTIZATION OF THE LOAN.

RENT THE PROPERTY:
o MANY OWNERS CHOOSE TO RENT OUT THEIR HOME IN ORDER TO “COVER” THE MORTGAGE EACH MONTH. THIS IS A GREAT OPTION!

SELL THE PROPERTY:
o IF THE OWNER HAS ENOUGH EQUITY IN THE HOME, THEY CAN SELL IT AND PREVENT THE FORECLOSURE.

REFINANCE:
o MANY OWNERS HAVE SUFFICIENT EQUITY IN THEIR HOMES AND DECENT CREDIT IN ORDER TO REFINANCE.

MORTGAGE MODIFICATION:
o THIS PROCESS WILL LOWER THE INTEREST RATE ON THE EXISTING LOAN TO LOWER THE PAYMENTS.

DEED-IN-LIEU OF FORECLOSURE:
o THE HOMEOWNER ESSENTIALLY GIVES THE DEED BACK TO THE BANK.

SHORT SALE:
o THIS IS WHEN THE HOMEOWNER OWES MORE THAN WHAT THE HOME IS CURRENTLY WORTH AND ONE OF THE OTHER OPTIONS DOES NOT WORK.