Daily Mortgage Gazette

The federal home buyer tax credit expires April 30 and the deadline is sparking a home sale surge. It figures to burden real estate, mortgage and title offices nationwide over the next 60 days so plan your closing date accordingly.

Especially because the last Friday in May is the Friday before Memorial Day.

Now, if the connection between the tax credit and Memorial Day is not immediately clear, think of your own office on a 3-day weekend’s Friday. Some of your colleagues take a half-day at work, others take the entire day off.

Office-wide, productivity drops.

The same is true in the real estate space. Offices are short-handed ahead of a holiday so, if you’re under contract for a home and plan to close in May, consider a closing date other than Friday May 28, 2010. 

And meanwhile, with 6 weeks until Memorial Day, here’s some steps you can take today prepare for other people’s time off later. 

1. Notify your lender of your planned vacation time between now and your scheduled closing
2. Purchase a homeowners insurance policy and prepay the first year. Send proof of payment to your lender.
3. Have Power of Attorney forms lender-approved and signed by all parties in advance, if applicable
4. Deposit gift monies and/or retirement fund withdrawals into an acceptable bank account, if applicable
5. Schedule your final walk-through as far in advance as is realistic so there’s time to make “fixes”, if needed
6. Have your closing funds ready at least 1 day in advance

The tax credit’s expiration is around the corner and as it gets closer, real estate-related businesses are taking on more work. Basic title and mortgage tasks are taking longer to complete and that should persist for a while.

Get ahead of the curve and beat your contract dates handily. Use the checklist above and be responsive to your lender’s requests.

And, if at all possible, avoid closing on the Friday before Memorial Day and even the Tuesday after — it’s when office staffs are at their smallest.

There’s just 30 days remaining to use the federal home buyer tax credit.

The credit ranges up to $8,000 for first-time homebuyers, and up to $6,500 for existing homeworkers who have lived in their main home for 5 of the last 8 years.

Claiming the federal tax credit is a two-step process. First, you must be under contract for a new home on or before April 30, 2010.  Then, you must close on said home on or before June 30, 2010. 

There are no exceptions on the dates (except for certain members of the military).

Timeline aside, homebuyers and the subject property must also meet minimum requirements in order to be tax credit-eligible:

• You can’t purchase the home from a parent, spouse, or child
• You can’t purchase the home from an entity in which the seller is a majority owner
• You can’t acquire the home by gift or inheritance
• Each buyer in the purchase must meet eligibility requirements
• The home sale price may not exceed $800,000
• Buyers may not earn more than $125,000 as single-filers; $225,000 as joint-filers

The complete eligibility checklist is published on the IRS website.  Or, if you find IRS-speak too difficult, make a phone call to your accountant.  Asking a tax professional’s advice on a tax-related matter is never a time-waster.

And lastly, don’t forget that if you’re claiming to federal tax credit for home buyers, it’s a tax credit and not a deduction.  This means that a tax filer who qualifies for the full $8,000 and for whom the “normal” federal tax liability is $8,000, will owe no federal taxes in 2010 to the IRS.

If you’re an active buyer in Lodi, or anywhere else in the country , mark your calendar for April 30, 2010. It’s 30 days from now and, as the date gets closer, buyer traffic will increase. The likely result is higher home prices and more difficult negotiations.  The best time to act may be today.

California’s first time home buyer and new home tax credit for 2010 that passed legislature and signed by Governor Arnold Schwarzenegger last week has raised questions, home buyers spirits and tax payers blood pressure.

Low blood pressure is important to me, therefore, I will concentrate on maintaining high spirits for you potential homeowners by answering the main questions and introduce some specific scenarios that many of you will relate to.

In March 2009, the initial $100 million tax credit for new homes only was launched. By July 3, 2009 the state had roughly 12000 applications, of which about 10,700 were allocated their credit. The new tax credit for 2010 launching on May 1, 2010 for $200 million will be split evenly; $100 million for new home sales and $100 million for first time home buyers. Should a first time home buyer want to buy a new home, their credit will fall under the new home allocation. At the current pace of resales in California, the first time home buyer allocation could be exhausted within 1 maybe 2 months, whereas the new home credit should last equal to that of 2009, about 4 months. Can you say FRENZY?

FAQ for California Tax Credit
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New Home Tax Credit Highlights
◦$100 million allocation for brand new home purchases
◦Any taxpayer can apply
◦Move up buyers, first time home buyers eligible
◦Detached or Attached single family residence; does not include rentals, 2nd homes or vacation homes
◦Ability to reserve tax credit for home not yet completed
◦Must be primary residence for at least 2 years or tax will need to be refunded
◦Homes must close escrow after May 1st, 2010 but before December 31, 2010
◦If credit lasts this long – you may obtain a contract by December 31, 2010 and close by August 1, 2011
◦Seller must submit Certification of home never been occupied
First Time Home Buyer Credit Highlights
◦$100 million allocation for existing homes; if FTHB buys a new home the credit is taken from the new home allocation
◦Standard sales, short sales, foreclosures are eligible
◦Escrow close date is considered purchase date – those that enter a purchase contract prior to April 30th, 2010 and close after May 1st, 2010 could be eligible for both the Federal refundable credit and the state credit
◦“First Time Home Buyer” = never purchased or no ownership in a principal residence during the preceding 3 year period ending on the date of purchase of the new principal residence
◦Must be primary residence for at least 2 years or tax will need to be refunded
◦Certification from taxpayer that they are a first time home buyer
Scenario #1
My wife and I are in the process of purchasing a new home jointly with my parents (50, 50). The new home is about $450,000 and the closing date of this new home will be in September 2010. There will be 4 persons on the title: me, my wife and both of my parents. However, only my wife, my kid and I will be living in the new home as our primary residence.

With my parents who are not going to live in the new home, on the title, will this affect my being qualified for the full amount of $10,000 California 2010 new home tax credit?

$450,000 purchase price
4 people on title, parents will not live in home
Husband/wife will occupy as primary residence = Qualified for credit

$450,000 x 50% ownership = $225,000 qualified purchase price
$225,000 x 5% credit = $11,250, however $10k is the max

50% Ownership x $10,000 credit = $5000 credit amount

You and your wife would be eligible for a $1666.66/year credit for 3 years as long as you stay in the home as your primary for the first 2 years.

Scenario #2
My wife and I plan on purchasing a home between May 1 2010 and Dec 2010; However, she and her sister are co-owners of a rental condo. Do we still qualify for first time homebuyer credit for CA?

As long as the residence that is held by your wife and her sister has not been a principal residence for her in the preceding 3 years up until the date you purchase the new home, she will be okay. So basically that condo has to be a rental or claimed as such on the tax returns.

Scenario #3
I am in the process of closing our escrow on April 19th for an existing home (not new) and I am a first time home buyer. Given that the tax credit is going to be effective from May 1st 2010, does it makes sense to push our closing date to May 1st ?

This is simply to take advantage of both credits, the Federal $8000 tax credit and the state. My suggestion if you choose to extend your escrow would be to speak with your tax professional to make sure you will be receiving a benefit from the tax credit.

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The California Tax Credit for new homes and first time home buyers is certainly a booster to those purchasing right now. This is a temporary boost folks. This should not be the only reason that you are out trying to purchase a home. If it is, well, you better hurry.

The Franchise Tax Board just released the update to the new credit on their site on March 30, 2010.

In November, Congress extended and expanded the First-Time Home Buyer Tax Credit program to include a subset of “move-up” buyers — homeowners that have owned and lived in their home for 5 of the last 8 years.

The credit ranges up to $8,000 per buyer. There’s now just 7 weeks left to take advantage.

To be eligible, home buyers must be under contract for a new home no later than April 30, 2010, and must be closed no later than June 30, 2010.

In addition to meeting the deadline dates, there’s a basic set of requirements to be tax credit-eligible:

• You can’t purchase the home from a parent, spouse, or child
• You can’t purchase the home from an entity in which the seller is a majority owner
• You can’t acquire the home by gift or inheritance
• Each buyer in the purchase must meet eligibility requirements

There’s other criteria, too.

For one, the sales price on the subject property cannot exceed $800,000. Homes sold for more than $800,000 are ineligible for the tax credit. Furthermore, households earning more than $125,000 as single-filers, or $225,500 for joint-filers, are ineligible.

You can read the complete eligibility requirements at the IRS website, or, you may just find it simpler to speak with your accountant about it. There are some nuances in qualifying for and claiming the tax credit on your returns and getting a professional’s opinion is always wise.

And lastly, don’t forget that government’s tax credit program is a true tax credit. It’s not a tax deduction.  This means that a tax filer whose “normal” tax liability is $3,500 and who is eligible for $8,000 in credit will receive a $4,500 refund from the U.S. Treasury.

If you’re currently in the House Hunt, mark your calendar for April 30, 2010. It’s 7 weeks away and you can be sure that as the date gets closer, buyer traffic is going to increase.  You may find sellers more willing to negotiate today than several weeks from now.