Second, buyers in low priced housing states should be aware that the tax credit is limited to the lesser of 10% of the purchase price, or $8,000. Not an issue for buyers in California, but perhaps an issue for buyers in Mississippi where the average home value is far lower and may be less than the $80,000 required for the maximum tax credit.
If a multi-family property is purchased, the tax credit is limited to 10% of the purchase price of the value of the unit in which the buyer resides. As an example, if a $150,000 duplex is purchased and each unit is of equal size and value, the tax credit will be limited to $7,500, or 10% of the $75,000 value assigned to one half of the duplex.
Buyers who purchase a newly built home should be aware that the effective date is the date the homeowner actually occupies the property, rather than the date of purchase or the date construction starts. This could complicate matters for buyers purchasing at year-end to take advantage of year-end builder close-outs. However, a subsequent buyer does benefit from the fact that their exisitng home does not have to be sold in order to qualify for the tax credit.
Home buyers should also be aware of the residency requirement. For example, if a buyer ceases to use the home as their primary residence within 36 months, the amount of the tax credit claimed is due and payable in full in that year. Therefore, if you move regularly with your job, or decide to turn the property into a rental, you might think twice about claiming the credit.
The Internal revenue Service will continue to provide updates to its site at http://www.irs.gov/newsroom/article/0,,id=187935,00.html so homebuyers can make educated decisions regarding their home purchase. All taxpayers should know that the final decision on whether you qualify for the tax credit rests in the hands of the IRS, so be prepared.
NMLS Lic. No. 131699
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