Claiming the First-Time Homebuyer Tax Credit

Claiming the First-Time Homebuyer Tax Credit on your 2009 tax return might mean a larger refund but it can seem complex. Here are five tips to clarify the documentation requirements:

Settlement Statement: Purchasers of conventional homes must attach a copy of the Form HUD-1 or other properly executed Settlement Statement;

Properly Executed Settlement Statement: Generally, a properly executed Settlement Statement shows all parties’ names and signatures, property address, sales price and date of purchase. However, settlement documents, including the Form HUD-1, can vary from one location to another and may not include the signatures of both the buyer and seller. In areas where signatures are not required on the settlement document, the IRS encourages buyers to sign the Settlement Statement when they file their tax return – even in cases where the settlement form does not include a signature line.

Retail Sales Contract: Purchasers of mobile homes who are unable to get a Settlement Statement must attach a copy of the executed retail sales contract showing all parties’ names and signatures, property address, purchase price and date of purchase.

Certificate of Occupancy: For a newly constructed home, where a Settlement Statement is not available, attach a copy of the Certificate of Occupancy showing the owner’s name, property address and date of the certificate.

Long-Time Residents: If you are a long-time resident claiming the credit, the IRS recommends that you also attach documentation covering the consecutive five-year period such as the Form 1098, Mortgage Interest Statement or substitute mortgage interest statements, property tax records or homeowner’s insurance records.

For more information about the First-Time Homebuyer Tax Credit and the documentation requirements, please contact your CPA or tax professional and visit IRS.gov/recovery.

Tisha Black Chernine, Esq.

The Pending Home Sales Index (PHSI) is an index created by the National Association of Realtors (“NAR”) to measure housing contract activity, which is released the first week of each month.  PHSI analyzes the relationship between existing home sale contracts and transaction closings over the last four years.  As of September 2009, contract activity for pending home sales had risen for the sixth straight month, a pattern not seen since the Index began in 2001.  Sold House

Why are we seeing so many contracts signed in recent months?  Certainly, the lower home prices and falling cost of mortgages have played a role.  However, real estate pundits are attributing a material part of the increase to the one-time $8,000 tax credit, which is set to expire at the end of November.  The NAR estimates that at least 350,000 of the 1.8 million first-time   purchased a home solely because of this tax credit.  Though Washington is expected to extend this credit, many first-time home buyers are not gambling on the extension.  Rather, they have chosen to play it safe and take the credit now, thus scrambling to close home purchases before the November 30, 2009 cut-off date.

The incentive to purchase homes spurred by the tax credit may be partially responsible for the positive news in the real estate residential front.  Spending on private home construction jumped 2.3% in July to an annual rate of $245.6 billion — the highest level since April.  Public spending on residential homes also rose 3.6% to an annual rate of $8.6 billion — a record number!  While commercial construction is still weak, and expected to remain sluggish as it is a 12-month trailing indicator behind residential building and consumption, the focus ought to be on both private and public spending in the residential market.

Hopefully, an extension of the one-time tax credit will continue to drive, even if in small measure, new home buyers to purchase homes.  If and when residential construction reaches a critical mass, commercial building will, eventually, increase as well.  We can only hope that Washington sees the connection.  We will keep you posted.

Tisha Black-Chernine, Esq.