Many are scrambling to take advantage of the homebuyer tax credit before April 30. This credit, according to the IRS is called “The Worker, Homeownership and Business Assistance Act of 2009″ and was signed into law on Nov. 6, 2009.

Under the new law, an eligible taxpayer must buy, or enter into a binding contract to buy, a principal residence on or before April 30, 2010 and close on the home by June 30, 2010. For qualifying purchases in 2010, taxpayers have the option of claiming the credit on either their 2009 or 2010 return.

Basically there are two types of tax credits, one for the first time homebuyer of up to $8,000 and the other for the ‘move-up’ homebuyer of up to $6,500.

The act was deemed to end November 7, 2009 but has been extended to homebuyers in hopes of stimulating the economy and helping those in need buy a new home.

So what are some of the basics of each credit. Here are some bullet points:

$8,000 First-time Home Buyer Tax Credit at a Glance

•    The $8,000 tax credit is for first-time homebuyers only. The IRS defines a first-time home buyer, according to the tax credit program,as someone who has not owned a principal residence during the three-year period prior to the purchase.
•    The tax credit does not have to be repaid unless the home is sold or ceases to be used as the buyer’s principal residence within three years after the initial purchase.
•    The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $8,000.
•    The tax credit applies only to homes priced at $800,000 or less.
•    The tax credit now applies to sales occurring on or after January 1, 2009 and on or before April 30, 2010. However, in cases where a binding sales contract is signed by April 30, 2010, a home purchase completed by June 30, 2010 will qualify.
•    For homes purchased on or after January 1, 2009 and on or before November 6, 2009, the income limits are $75,000 for single taxpayers and $150,000 for married couples filing jointly.
•    For homes purchased after November 6, 2009 and on or before April 30, 2010, single taxpayers with incomes up to $125,000 and married couples with incomes up to $225,000 qualify for the full tax credit.

The $6,500 Move-Up / Repeat Home Buyer Tax Credit at a Glance

•    To be eligible to claim the tax credit, buyers must have owned and lived in their previous home for five consecutive years out of the last eight years.
•    The tax credit does not have to be repaid unless the home is sold or ceases to be used as the buyer’s principal residence within three years after the initial purchase.
•    The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $6,500.
•    The tax credit applies only to homes priced at $800,000 or less.
•    The credit is available for homes purchased after November 6, 2009 and on or before April 30, 2010. However, in cases where a binding sales contract is signed by April 30, 2010, the home purchase qualifies provided it is completed by June 30, 2010.
•    Single taxpayers with incomes up to $125,000 and married couples with incomes up to $225,000 qualify for the full tax credit.
•    

What are some other rules or tips

1. Homeowners don’t have to sell their current or former principal residence to take the credit. The home can be rented out, occupied by friends or family members, or even left vacant. But they must enter into a binding contract to purchase a new home on or before April 30, 2010, and they must close that deal on or before June 30, 2010.

2. If you belong to the U.S. military personnel or are a U.S. Foreign Service employee and federal employee who works in intelligence agencies are given, you are given an extra year in which to buy a home and are exempt from the 36-month payback rule if they move out of the home due to a qualified official period of extended duty.

3. You must occupy your newly purchased home as a principal residence for at least 36 months. If you move out sooner than that, you will have to repay the entire tax credit to the federal government when you file you tax return for the year in which you vacate the home.

4. Home purchases from relatives of the taxpayer or the taxpayer’s spouse do not qualify for the tax credit. The IRS defines relatives as ancestors (parent, grandparent, etc.), lineal descendants (child, grandchildren, etc.) and spouses.

5. Married couples are not eligible to claim the first-time homebuyer tax credit if either spouse has previously owned a home. They may, however, qualify for the repeat homebuyer tax credit.

The rules are simple and there is still time to get out and purchase your next home and take advantage of a tax credit that can help you buy the home of your dreams.

Ron Scott is owner of MyExpressHomeLoans.com, a provider of your Austin Home Loan as well as high quality financial services. Our mortgage professionals will work to ensure that you get an Austin mortgage that is tailored specifically to meet your needs. For more information please visit http://www.MyExpressHomeLoans.com.

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On November 6, 2009, President Obama signed a bill into law that extends the $8,000 first-time homebuyers tax credit program, initially scheduled to end in November, to April 2010. The expanded tax credit is part of a legislation that extends unemployment benefits by at least 14 weeks in 50 states.  

Besides extending the tax credit for first-time homebuyers, the program also makes a tax credit of up to $6,500 available to existing homeowners who are looking for a ‘step-up’ by selling their current home and buying another one during the same period. 

While the first-time homebuyer tax credit has already helped many potential homebuyers transition into their first homes, expanding the credit to existing homeowners may help push more qualified buyers to purchase homes. Experts are debating over whether this extension will help revive the housing market and increase home sales or if it would only create another bubble in the market.  

 Below are the highlights of the new tax credit law:

 For First-Time Homebuyers 

First-time home buyers can claim the $8,000 tax credit by signing a sales contract before May 1, 2010 and close on the sale before June 30, 2010. Those who serve in the military and who are on extended duty outside the United States can claim the credit till July 1, 2011, provided they sign the sales contract before May 1, 2011. The maximum income limit for receiving the tax credit has now been raised from $75,000 for single buyers to $125,000. The income limit for married couples has also been raised from $150,000 to $225,000. A partial tax credit is available for single buyers making between $125,000 and $145,000 and for married couples making between $225,000 and $245,000. The tax credit does not have to be repaid unless you sell your home within three years.

For Existing or Repeat Homebuyers 

Homebuyers who have lived in their current home for at least five years and wish to buy a new home are eligible for a tax credit of up to $6,500. The deadlines and income limits for repeat homebuyers are the same as first-time homebuyers. Both existing and first-time homebuyers are not eligible for the tax credit if the purchase price of the home is more than $800,000. The new home must be the homebuyer’s principal residence; the tax credit cannot be used to buy a vacation home.

Anti-Fraud Provisions 

After the Treasury reported that many taxpayers who were not eligible for homebuyer credit had wrongly claimed it, certain anti-fraud provisions have been added to the new law. Those listed as dependents on someone else’s tax returns cannot claim the tax credit. Taxpayers must also be at least 18 years of age of the date of purchase to be eligible for the tax credit. Homebuyers will not be required to attach a copy of their settlement agreement to the tax return.

Brian Leibowitz is Owner and CEO of Affordable Financial Services.

Affordable Financial Servicesis a mortgage broker located in Long Island, New York, that provides loan process, refinance, home purchase, debt consolidation, and home equity loan services. The company provides clients with the knowledge they need to make the right decisions to move forward with the loan process. With its highly knowledgeable and professional mortgage consultants and processing department, Affordable Financial Services gives clients the best loans to fit their needs. As an industry leader, the company takes pride in its vast knowledge of the mortgage industry and the products it offers to borrowers. For more information, visit our Web site.

A lot has to happen before you can close on a new home successfully. Some of it is your responsibility, and some of it belongs to others. But don’t expect it to happen overnight or perfectly smoothly. There are too many factors involved. And there’s a lot of money riding on the deal, too—not all of it yours. So the wisest thing to do is take care of everything at your end; dot every “i” and cross every “t” that you can from your end of things. And be picky, picky, picky about who you’re doing business with; from the get-go, choose only the most experienced, successful professionals and companies that you can find. They have what it takes to make the long, complicated process considerably more bearable. For example, if it’s possible, it’s a good idea to go with a Texas-based lender, because of Texas real estate laws, some of which differ from that of some other states. An out-of-state lender might make some mistaken assumptions that could add to delays.

For most homebuyers, pre-qualifying for a home loan and signing a contract are major steps. But that’s just the beginning of the journey towards home ownership. And the rest of the trip can sometimes make or break the deal. It’s during this period that the lender is trying to complete the financial package, the title company is doing the necessary research, surveys and appraisals are put into motion, and the homebuyer orders home inspections and obtain homeowners insurance. Anything that goes wrong at any of these stages could mean delays—or even a broken deal.

As a homebuyer, you need to know that pre-qualifying for a mortgage loan—and actually qualifying for it—are two very different things. You also need to know that the difference between the two can definitely affect the closing date. To get pre-qualified, a homebuyer must meet with the lender and have essential information (Social Security number, income, etc. at hand). Then, after checking your credit score, income, and employment, the mortgage lender writes up a document—based upon this preliminary information—that states what size of loan you might qualify for. Remember, this is not a final conclusion or a mortgage loan approval—it’s really only the lender’s “educated guess”—so don’t start counting your chickens just yet! As a matter of fact, many lenders these days are encouraging homebuyers to skip pre-qualification and go directly to qualification—before they start looking at homes—or, in many cases, even before the contract is signed.

That’s because the actual qualification process is much, much more extensive and in-depth. Typically, it involves giving the lender accurate information, W2 forms, bank statements, tax returns, and proof of income. All this goes through the lender’s approval process, which can take a fair amount of time. That’s because the up-to-date accuracy of the information you’ve given them is checked and double-checked at this time. So be sure of your facts and figures, because any errors, inconsistencies, credit problems, or misinformation could definitely put a damper on things at this point.

Things a homebuyer should know. Or expect. Or do.

* Lenders should give buyers a good-faith estimate of how much money to bring in—by certified check—to the closing. Closing costs typically run about 3 to 6 percent of the loan amount.

* One business day before closing, you have the right to inspect the Uniform Settlement Statement. This itemizes the costs of all services you must pay at closing.

* The lender is also responsible for giving you a truth-in-lending statement that states all the details about the cost of the loan.

* The title company’s job is to research public records and verify that the buyer and the seller don’t have any lawsuits, liens, or judgments against them or the property.

* One of the real estate agent’s jobs is to stay in contact with the title company during the research phase, just to make sure that any problems that might surface are dealt with promptly. It’s important to avoid last-minute surprises, which could lead to delays on closing.

* Before closing, the smart homebuyer should order inspections on the house and property to make sure that everything is in good shape and that no major repairs are required. Repairs could change the agreed-upon price in the contract. The homebuyer should be there with the inspector when it’s done. Why? Because an inspector’s report can be 10-12 pages long and full of technical jargon, so being there to ask questions and get on-the-spot explanations can really help you get a grip on the situation. The cost of an inspection can vary; it depends on the location of the house, the size of the house, and what kind of foundation it has. By the way, a termite inspection also needs to be ordered by the homebuyer before the closing. If an inspector is not certified in this area, another inspector will have to be hired.

* Homebuyers are responsible for getting homeowners insurance and have proof of it at closing. The Texas Department of Insurance says buyers should expect to pay about $400 to $1,000 a year for insurance—and possibly even more if the home is in a flood zone. Most lenders will recommend an escrow account where funds for insurance and property taxes are automatically set aside each month.

* The lender will require hazard and liability insurance for at least the amount of the loan. At the closing, you’ll be expected to pay the first year’s premium for this insurance.

* The homebuyer should schedule a final walk-through of the house right before the closing. It would be a good idea to do the walk-through with your real estate agent. You want to make sure that the house is in the condition that you agreed upon in the contract. Remember, once the closing is done, you’re the owner of the house—as is. You no longer have any legal power to get the seller to fix anything, and the seller no longer has any legal responsibility to do so.

* A settlement agent—usually the title insurance company—is the one who usually sets the time and place of closing.

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