For those new homebuyers eligible for the tax credit you might want to send alert them to the following:
New Homebuyer Credit Form Released; Taxpayers Reminded to Attach Settlement
Statement and Other Key Documents IR-2010-6, Jan. 15, 2010 WASHINGTON —
The Internal Revenue Service today released the new form that eligible homebuyers need
to claim the first-time homebuyer credit this tax season and announced processing of those
tax returns will begin in mid-February. The IRS also announced new documentation
requirements to deter fraud related to the first-time homebuyer credit. The new form and
instructions follow major changes in November to the homebuyer credit by the Worker
, Homeownership, and Business Assistance Act of 2009. The new law extended the credit
to a broader range of home purchasers and added new documentation requirements to
deter fraud and ensure taxpayers properly claim the credit. With the release of Form 5405,
First-Time Homebuyer Credit and Repayment of the Credit, and the related instructions,
eligible homebuyers can now start to file their 2009 tax returns. Taxpayers claiming the
homebuyer credit must file a paper tax return because of the added documentation
requirements. The IRS expects to start processing 2009 tax returns claiming the homebuyer
credit in mid-February after it completes the updating and testing of systems to meet the
law’s new requirements. The updates allow the IRS to put in place critical systemic checks
to deter fraud related to the homebuyer credit. Some of these early taxpayers claiming the
homebuyer credit may see tax refunds take an additional two to three weeks. In addition to
filling out a Form 5405, all eligible homebuyers must include with their 2009 tax returns one
of the following documents in order to receive the credit: A copy of the settlement
statement showing all parties' names and signatures, property address, sales price, and date
of purchase. Normally, this is the properly executed Form HUD-1, Settlement Statement.
For mobile home purchasers who are unable to get a settlement statement, a copy of the
executed retail sales contract showing all parties' names and signatures, property address,
purchase price and date of purchase. For a newly constructed home where a settlement
statement is not available, a copy of the certificate of occupancy showing the owner’s
name, property address and date of the certificate. In addition, the new law allows a long-
time resident of the same main home to claim the homebuyer credit if they purchase a new
principal residence. To qualify, eligible taxpayers must show that they lived in their old
homes for a five-consecutive-year period during the eight-year period ending on the
purchase date of the new home. The IRS has stepped up compliance checks involving the
homebuyer credit, and it encouraged homebuyers claiming this part of the credit to avoid
refund delays by attaching documentation covering the five-consecutive-year period: Form
1098, Mortgage Interest Statement, or substitute mortgage interest statements, Property
tax records or Homeowner’s insurance records. The IRS also reminded homebuyers that
the new documentation requirements mean that taxpayers claiming the credit cannot file
electronically and must file paper returns. Taxpayers can still use IRS Free File to prepare
their returns, but the returns must be printed out and sent to the IRS, along with all required
documentation. Normally, it takes about four to eight weeks to get a refund claimed on a
complete and accurate paper return where all required documents are attached. For those
homebuyers filing early, the IRS expects the first refunds based on the homebuyer credit
will be issued toward the end of March. The IRS encourages taxpayers to use direct
deposit to speed their refund. In addition, taxpayers can use Where's My Refund? on
IRS.gov to track the status of their refund. More details on claiming the credit can be f
ound in the instructions to Form 5405, as well as on the First-Time Homebuyer Credit page
on IRS.gov.
FOR MORE INFORMATION GO TO WWW.IRS.GOV
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