Instructions For Form Ftb 3549-A

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Instructions for Form FTB 3549-A
Application for New Home / First-Time Buyer Credit
What’s New
General Information
The copy received from the seller or escrow
person does not constitute an allocation of
The New Home/First-Time Buyer Credits
Registered Domestic Partner – For
credit to the buyer; instead the buyer will
are available for taxpayers who purchase
purposes of California income tax, references
receive a letter from the FTB certifying the
a qualified principal residence on or
to a spouse, husband, or wife also refer to
allocation of tax credit. The buyer cannot
after May 1, 2010, and on or before
a California Registered Domestic Partner
claim either credit unless they receive a
December 31, 2010.
(RDP), unless otherwise specified.
Certificate of Allocation from the FTB.
Additionally, the New Home Credit is
Round Cents to Dollars – Round cents to
B Qualifications
available for taxpayers who purchase a
the nearest whole dollar. For example, round
qualified principal residence on or after
$50.50 up to $51 or round $25.49 down
California allows a credit against net tax
January 1, 2011, and before August 1,
to $25.
equal to the lesser of five percent of the
2011, pursuant to an enforceable contract
purchase price of the qualified principal
A Purpose
executed on or before December 31, 2010.
residence or ten thousand dollars ($10,000).
Use form FTB 3549-A, Application for New
Taxpayers may apply for the tax credits if
The credit will not be allocated by FTB if any
Home/First-Time Buyer Credit if you are:
they have entered into a contract before
of the following apply:
May 1, 2010, as long as escrow closes on or
• A seller of a new home which has never
• In the case of the New Home Credit, the
after May 1, 2010.
been occupied and are selling to any
seller does not certify that the residence
individual who purchases the residence
Taxpayers are only allowed one credit. If a
has never been previously occupied.
on or after May 1, 2010, and on or before
taxpayer qualifies for both the New Home
• In the case of the First-Time Buyer Credit,
December 31, 2010.
Credit and the First-Time Buyer Credit, the
the buyer or the buyer’s spouse/RDP,
• A seller of a new home which has
taxpayer will receive the New Home Credit.
regardless of whether the spouse will be
never been occupied and are selling
Each credit is the lesser of five percent of
on title, had an ownership interest in a
to any individual who purchases the
the purchase price of the qualified principal
principal residence during the preceding
residence on or after January 1, 2011,
residence or ten thousand dollars ($10,000).
three-year period.
and before August 1, 2011, pursuant to
The credits are claimed over three
• The taxpayer does not intend to occupy
an enforceable contract executed on or
consecutive years, in equal amounts, against
the home as his/her principal residence
before December 31, 2010.
net tax. They are not refundable, and there is
for at least two years immediately
• A first-time buyer purchasing a principal
no carryover provision.
following the purchase.
residence on or after May 1, 2010, and on
• The taxpayer was allowed a 2009 New
Example: If the taxpayer’s credit for the
or before December 31, 2010.
Home Credit.
taxable year is $3,333, and the tax liability
New Home Credit
• The taxpayer is under 18 years old.
is $300, the taxpayer may only use $300
For homes that have never been occupied,
• The taxpayer or taxpayer’s spouse/RDP is
of the credit and the unused credit may not
the seller first completes Parts II, III, and
related to the seller.
be refunded or carried over to the following
IV of form FTB 3549-A, certifying that the
• The taxpayer qualifies as a dependent of
year.
home has never been occupied. If the buyer
any other taxpayer for the taxable year of
The total allocation amount for each credit
qualifies for the credit, the buyer completes
the purchase.
is capped at $100 million for a total of
the rest of form FTB 3549-A (Parts I, V,
• The application and copy of the properly
$200 million between the two credits. Once
and VI).
executed settlement statement are not
the $100 million cap has been reached,
received within two weeks after escrow
First-Time Buyer Credit
we will no longer accept applications for
closes.
For the First-Time Buyer Credit, the buyer
that credit. Go to ftb.ca.gov and search for
• The application is received before escrow
completes all parts, except Parts III and
new home before completing the application
closes.
IV, of form FTB 3549-A and certifies that
to see if we are still accepting applications.
he/she (and spouse/RDP, if applicable) is an
For two or more taxpayers who are not
Reservations: Taxpayers who qualify for the
individual who has not had an ownership
married/RDP, the credit shall be allocated
New Home Credit may, but are not required
interest in a principal residence during
among the taxpayers who will occupy the
to, reserve a tax credit prior to the close of
the preceding three-year period ending on
home as their principal residence using their
escrow. Reservations will become important
the date of the purchase of the qualified
percentage of ownership in the property. The
as we near the $100 million cap for homes
principal residence. Parts III and IV are not
total credit allocated to all of these taxpayers
that may not close escrow before the cap
required for the First-Time Buyer Credit.
shall not exceed ten thousand dollars
is reached as a reservation will “hold the
($10,000).
New Home or First-Time Buyer Credit
taxpayer’s place in line” until two weeks
Fax a copy of form FTB 3549-A and
The FTB may request documentation to
after escrow closes. Even if you request a
the properly executed final settlement
ensure the parties have complied with the
reservation, you must still complete and
statement (generally the buyer’s final HUD-1
requirements of the credit under Revenue
submit this application within two weeks
statement) to the FTB within two weeks
and Taxation Code (R&TC) Section 17059.1.
after escrow closes. You may not request a
after escrow closes, at 916.855.5577.
reservation for the First-Time Buyer Credit.
Important: Applications received before
For more information about the reservation
escrow closes will be denied.
process, get form FTB 3549-RR, Reservation
Request for New Home Credit. Also, go to
ftb.ca.gov and search for new home.
FTB 3549-A (NEW 2010) (REV 05-10) Instructions Page 1

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