Life & Real Estate in Eugene, Springfield & Lane County, Oregon

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Who CANNOT Claim the $8000 and $6500 Federal Income Tax Credits -- Notes from the Instructions for the newly published IRS Form 5405

Who Cannot Claim the Credits


This is one of a series of posts

on the extended

Federal Income Tax Credit for First-Time Buyers ($8000)

and the newer

Federal Income Tax Credit for Long-Time Residents ($6500)

based on the newly published instructions for the new

Federal Form 5405.

 



You cannot claim either credit if any of the following apply:



1. The purchase price of the home 
is more than $800,000.

This rule applies to homes purchased after November 6, 2009.

2. Your modified adjusted gross income is:

a. $95,000 or more ($170,000 or more if married filing jointly)
and you purchased your home before November 7,
2009,

or


b. $145,000 or more ($245,000 or more if married filing jointly)
 and you purchased your home after November 6, 2009.



3. You cannot claim the credit for any year for which you can be claimed as a dependent on another person’s tax return.

This rule applies to homes purchased after November 6, 2009.

4. You (and your spouse if married) are under age 18 on the date of purchase.

This rule applies to homes purchased after November 6, 2009.

5. You are a nonresident alien.

6. Your home is located outside the United States.


7. You sell the home, or it ceases to be your main home, before the end of the year in which you purchased it.

This rule does not apply if you are a member of the uniformed services or Foreign Service, or an employee of the intelligence community  on qualified official extended duty as defined in the instructions  for line 12 on page 4 and you sell the home, or it ceases to be
your main home, after 2008. You can claim the credit on the return for the year of purchase or choose to claim it on yourreturn for the year before the year in which you purchased the home if you otherwise qualify for the credit.

8. You acquired the home by gift or inheritance.

9. You acquired your home from a related person. This includes:

a. Your spouse, ancestors (parents, grandparents, etc.), or
lineal descendants (children, grandchildren, etc.).

b. A corporation in which you directly or indirectly own more
than 50% in value of the outstanding stock of the corporation.

c. A partnership in which you directly or indirectly own more
than 50% of the capital interest or profits interest.



10. You acquired your home after November 6, 2009, from a person related to your spouse.

This includes your spouse’s ancestors or lineal descendants (for example your parents-in-law or your stepchildren), and any relationships described in 9b or 9c above that your spouse has.


     
For more information about related persons, see the discussion under Nondeductible Loss in Chapter 2 of Pub. 544, Sales and Other Dispositions of Assets. When determining whether you acquired your main home from a related person, family members in that discussion include only the people mentioned in 9a above.



Here are the links to the IRS website:

For the new Form 5405

For the Form 5405 Instructions

 

 ************

Jim Hale

Principal Broker / Owner

Graduate, REALTOR Institute             e-PRO

Member, Million Dollar Club of Lane County

Member, Brokers Million Dollar Club
actionagents.net
1715 Linnea Avenue
Eugene, OR 97401-1962

Office:  541-484-0219
Direct:  541-543-9991
Fax:      541-485-8068

www.actionagents.net                jim@actionagents.net

Company Logo - ACTIONAGENTS.NET - Eugene, OR - Jim Hale, Principal Broker


© 2009  All Rights Reserved

 

 

 ***********************

 

Jim Hale

Principal Broker / Owner

Graduate, REALTOR Institute             e-PRO

2012 Member, Million Dollar Club of Lane County

2012 Member, Real Estate Brokers Million Dollar Club


actionagents.net
1715 Linnea Avenue
Eugene, OR 97401-1962

Office:  541-484-0219
Direct:  541-543-9991
Fax:      541-485-8068

Eugene Oregon Homes / Real Estate               jim@actionagents.net

Company Logo - ACTIONAGENTS.NET - Eugene, OR - Jim Hale, Principal                      Broker

All statistical market data is based on information from the RMLS of Oregon for the dates indicated.
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