Good news!!! The President has signed into law an extension of the credit with some modifications. Here are the latest guidelines as of 11/6/2009:

NAR Issue Brief

Homebuyer Tax Credit Changes

National Association of REALTORS® Government Affairs Division

500 New Jersey Avenue, NW, Washington DC, 20001

Congress has extended and expanded the homebuyer tax credit. The modifications in the column labeled

"December 1 – April 30, 2010" become effective when President Obama signs the bill. All changes made

to the current credit become effective on that date, as well.

FEATURE Jan 1 – November 30, 2009

Rules as enacted

February 2009

December 1 – April 30,

2010 Rules as enacted

November 2009

Firsttime

Buyer –

Amount of Credit

$8000

($4000 married

filing separate)

$8000

($4000 married

filing separate)

Firsttime

Buyer –

Definition for Eligibility

May not have had an interest

in a principal residence for 3

years prior to purchase

Same

Current Homeowner –

Amount of Credit

No Provision $6500

($3250 married

filing separate)

Effective Date –

Current Owner

No Provision

Date of Enactment

Current Homeowner –

Definition for Eligibility

No Provision Must have used the home

sold or being sold as a

principal residence

consecutively for 5 of the

previous 8 years

Termination of Credit Purchases after

November 30, 2009.

(Becomes April 30, 2010 on

Date of Enactment.)

Purchases after

April 30, 2010

Binding Contract Rule None So long as a written binding

contract to purchase is in

effect on April 30, 2010, the

purchaser will have until

July 1, 2010 to close.

Income Limits

(Note: Increased income

limits are effective as of

date of enactment of bill)

$75,000 – single

$150,000 – married

Additional $20,000 phase out

$125,000 – single

$225,000 – married

Additional $20,000 phase

out

Limitation on Cost of

Purchased Home

None $800,000

Effective Date of Enactment

Purchase by a Dependent No Provision Ineligible

Effective Date of Enactment

Antifraud

Rule None Purchaser must attach

documentation of purchase

to tax return




Following is an exerpt from the National Association of Realtors newsletter: Here are 6 things you should be able to explain to prospects and clients: 

1. Buyers have until July 2009 to make a purchase that qualifies. 

The tax credit was passed in July of this year as part of the Housing and Economic Recovery Act (H.R. 3221). It´s worth up to $7,500 and can be taken in a single tax year. Authorization for the credit ends July 1, 2009, so if your customers wait to buy in the first half of 2009 they can take the credit on their 2009 tax return. Taxpayers can take the credit on their 2008 tax return if they bought their house this year after April 9.

2. Buyers don't really have to be "first-timers."

The tax credit is actually available to any individual or household that hasn´t owned a home for at least three years. And the NATIONAL ASSOCIATION OF REALTORS® has asked Congress to expand the credit to all buyers, not just those who haven't owned a primary residence in recent years.

3. Even if buyers exceed the income limit, they can benefit from the credit. 

The actual credit amount is set as a percentage of the home purchase amount. That percentage amount is 10 percent, so your customers can get 10 percent of the home price credited against their tax liability, up to a maximum $7,500. Sounds like a great deal. But what if your clients make more money than the income limit of $75,000 for individuals and $150,000 for households? Good news: Individuals whose income exceeds the $75,000 limit but don't make more than $95,000 can still take the credit but on a reduced basis. The same thing applies to households earning up to $170,000. By the way, any house is eligible as long as it´s a primary residence and is in the United States.

4. Think of it as an interest-free loan.  

The federal government requires the tax credit to be paid back in small, 6.67-percent increments over 15 years, although repayment will be no more than $500 yearly and payments will not start until 2011. For that reason, some analysts have likened the credit to a 15-year, interest-free loan to help make home buying affordable. NAR is pushing congress to remove the repayment provision, making this tax credit a true tax credit rather than an interest-free loan. 

5.  You don't have to be authorized before making a home purchase. 

There is no pre-purchase authorization, application, or other approval process. Eligible buyers simply have to claim the credit on their IRS Form 1040 tax return and/or any form that the IRS might devise. 

6. New-home construction qualifies. 

For a home that a buyer constructs, the purchase date is the first date the buyer occupies the home.However, any home that is not a primary residence, such as a vacation home or income property, does not qualify.