First Time Home Buyer Tax Credit Repayment Loopholes

The Obama administration enacted the federal first-time home buyer tax credit in 2008. Created as a response to the 2008 financial crisis, the Housing and Economic Recovery Act (HERA) allowed new home buyers to get a tax credit of up t0 $7,500 during the first year of the initiative.

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A $6,500 first-time home buyer’s tax credit was also available for consumers who bought their first home between Nov. 7, 2009 and April 30, 2010. The rules for repayment of the 2010 tax credit are.

Repayment of the Credit General repayment rules for 2008 purchases. If you were allowed the first-time homebuyer credit for a qualifying home purchase made between April 9, 2008, and December 31, 2008, you generally must repay the credit over 15 years.

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If you claimed a First-Time Homebuyer Credit for 2009 or 2010, and you use the home as your main home for 36 months following the purchase, you do not have to repay the credit. If you stop living in the home before the end of 36 months, you may have to repay the full amount of the credit, unless you meet an exception.

Repayment of the Credit. If you were allowed the first-time homebuyer credit for a qualifying home purchase made between April 9, 2008, and December 31, 2008, you generally must repay the credit over 15 years.

PDF Form 5405 Repayment of the First-time homebuyer credit – Repayment of the First-Time Homebuyer Credit. You repay the credit by including it as an increase in tax on the return for the year you dispose of the home or it ceases to be your main home. However, if the home is destroyed or condemned, or you dispose of the home.

Acceleration of repayment. In general, in the case of a home purchased in 2008 for which you received the first-time homebuyer credit, if you dispose of it, or you (and your spouse if married) stop using it as a principal residence in any taxable year during a 15-year repayment period, the credit repayment is accelerated.

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