The IRS has spelled out guidelines for eligibility for the home buyer credit when co-borrowers purchase a property.

When a home-owning parent of an adult child co-signs for a mortgage and both names appear on the note, the IRS says that under some circumstances, the first-time home buyer can qualify for the whole amount.

The IRS says the parent doesn’t qualify for any portion of the credit, but if the child hasn’t owned a home during the three years preceding the current purchase and can qualify based on income, he or she can be allocated the entire $8,000 credit.

When unmarried individuals co-purchase a home and only one of them is eligible for the credit, then the full $8,000 can be allocated to the eligible buyer.

Source: Washington Post Writers Group, Kenneth R. Harney (12/04/2009)

By Luke Mullins

Posted: November 18, 2009

The $8,000 first-time home buyer tax credit was included in President Obama’s massive stimulus package. But with the fiscal 2009 budget deficit swelling to $1.4 trillion, some have questioned whether additional real estate subsidies are the most effective use of government cash. For example, the financial blog Calculated Risk has estimated that the government pays about $43,000 for every home sale it triggers through first-time home buyer tax credits.

The first-time home buyer tax credit expansion passed earlier this month is even more generous. It makes most current homeowners eligible and lets married couples making as much as $225,000 a year claim the credit. In addition, the new legislation pushes the tax credit’s closing deadline back to the end of June.

NAR’s own survey makes it increasingly apparent that the credit rewards people for a choice they would have made anyway, Gumbinger says. “Based upon [NAR's] numbers there, only 6 percent say this [first-time home buyer tax credit is] the reason [buyers are] coming in,” Gumbinger said. “That says 94 percent would have done it anyway.”

As the deadline approached, the National Association of Realtors urged lawmakers to extend the $8,000 first-time home buyer tax credit, insisting that the perk had played such a vital role in the housing market’s recent stability that its expiration was too risky. “Without congressional action now, the market and our national economy may freeze again—possibly as soon as this month,” Ron Phipps, NAR’s first vice president, told a Senate panel on October 20.

Congress complied, passing bills to generously extend and expand the credit. The legislation—which President Obama signed on November 6—means $10.8 billion in lost revenue for Uncle Sam on top of the more than $10 billion that first-time home buyer tax credits have already cost.

[Check out Expanded First-Time Home Buyer Tax Credit Becomes Law.]

But in a recent NAR survey, only 6 percent of first-time home buyers—who made their purchase during the 12 months ending last June—cited the tax credit as the primary reason behind their decision. The results suggest that other factors, such as attractive interest rates and falling home prices, deserve more of the credit for the market’s recent uptick, says Keith Gumbinger of HSH.com. “The most powerful force at work is the desirability of buying a home and the market conditions—that’s your mortgage rates and your prices,” Gumbinger says.

After peaking in 2006, average home prices have plummeted back to 2003 levels, according to the most recent Case-Shiller home price report. Meanwhile, rates on 30-year fixed mortgages fell to 4.93 percent yesterday, according to HSH.com. That’s down sharply from 6.20 percent a year earlier, before a Federal Reserve asset purchase program began driving down rates.

[See Home Price Declines Becoming Less Jarring.]

The backlog of unsold existing homes dropped to a 7.8-month supply in September from a 10.6-month supply in August 2008. And home prices, while still falling, have eased off the precipitous rates of declines from earlier months. But Mike Larson of Weiss Research says that the first-time home buyer tax credit—originally enacted in February—has played only a marginal role in the development. “The tax credit is a little bit of sugar on top to get somebody to go ahead and take that bite,” Larson says. “But the reality is they were hungry anyway.”

The run-up in home values during the first half of the decade priced many buyers out of the market, Larson says. The national housing crash, however, has made many of these properties affordable again. “People do fundamentally, generally, want to own homes,” he says. “What the falling home prices have allowed people to do is to afford homes that they hadn’t been able to previously.”

The tax credit was the fourth-leading “primary” reason first-time buyers made their purchase, according to NAR’s 2009 profile of home buyers and sellers. At 62 percent, the desire to own a home was the leading reason, followed by the affordability of homes (10 percent) and a change in family situation (8 percent).

Paul Bishop, NAR’s vice president of research, said that while only a small percentage of respondents identified the first-time home buyer tax credit as the “primary” reason for their purchase, its impact on buyer confidence—and therefore the market—has been profound. “For a number of first-time buyers, [the tax credit] does make the difference in terms of whether they want to purchase today or wait six months,” Bishop said in an interview.

Updated Nov. 24, 2009

Homebuyer Credit Expanded and Extended

The Worker, Homeownership and Business Assistance Act of 2009, signed into law on Nov. 6, 2009, extends and expands the first-time homebuyer credit allowed by previous Acts.

Under the new law, an eligible taxpayer must buy, or enter into a binding contract to buy, a principal residence on or before April 30, 2010 and close on the home by June 30, 2010. For qualifying purchases in 2010, taxpayers have the option of claiming the credit on either their 2009 or 2010 return.

The new law also:

  • Authorizes the credit for long-time homeowners buying a replacement principal residence.
  • Raises the income limitations for homeowners claiming the credit.

News release 2009-108 has the details, as do two new IRS videos in English and Spanish.

Members of the military, Foreign Service and intelligence community serving outside the U.S. should also be aware of new benefits in the law that apply particularly to them.

Following is general information for first-time homebuyers who settled on a new home on or before Nov. 6, 2009.

For 2008 Home Purchases

The Housing and Economic Recovery Act of 2008 established a tax credit for first-time homebuyers that can be worth up to $7,500. For homes purchased in 2008, the credit is similar to a no-interest loan and must be repaid in 15 equal, annual installments beginning with the 2010 income tax year.

For 2009 Home Purchases

The American Recovery and Reinvestment Act of 2009 expanded the first-time homebuyer credit by increasing the credit amount to $8,000 for purchases made in 2009 before Dec. 1. However, the new Worker, Homeownership and Business Assistance Act of 2009 has extended the deadline. Now, taxpayers who have a binding contract to purchase a home before May 1, 2010, are eligible for the credit. Buyers must close on the home before July 1, 2010. [Added Nov. 12, 2009]

For home purchased in 2009, the credit does not have to be paid back unless the home ceases to be the taxpayer’s main residence within a three-year period following the purchase.

First-time homebuyers who purchase a home in 2009 can claim the credit on either a 2008 tax return, due April 15, 2009, or a 2009 tax return, due April 15, 2010. The credit may not be claimed before the closing date. But, if the closing occurs after April 15, 2009, a taxpayer can still claim it on a 2008 tax return by requesting an extension of time to file or by filing an amended return. News release 2009-27 has more information on these options.

General Information

Homebuyers who purchased a home in 2008, 2009 or 2010 may be able to take advantage of the first-time homebuyer credit. The credit:

  • Applies only to homes used as a taxpayer’s principal residence.
  • Reduces a taxpayer’s tax bill or increases his or her refund, dollar for dollar.
  • Is fully refundable, meaning the credit will be paid out to eligible taxpayers, even if they owe no tax or the credit is more than the tax owed.

The credit is claimed using Form 5405, which you file with your original or amended tax return.

Questions and Answers

More information is available in the question and answer section.

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Page Last Reviewed or Updated: November 25, 2009

http://www.irs.gov/newsroom/article/0,,id=204671,00.html