Draft Instructions For Form 5405 - First-Time Homebuyer Credit And Repayment Of The Credit - 2010

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Instructions for Form 5405
Department of the Treasury
Internal Revenue Service
(Rev. December 2010)
First-Time Homebuyer Credit and Repayment of the Credit
1. You purchased your main home located in the
Section references are to the Internal Revenue Code unless
otherwise noted.
United States:
General Instructions
a. After December 31, 2009, and before May 1, 2010,
or
b. After April 30, 2010, and before October 1, 2010,
What’s New
and you entered into a binding contract before May 1,
2010, to purchase the home before July 1, 2010.
Repayment of the credit. If you:
Claimed the first-time homebuyer credit for a home you
2. You (and your spouse if married) did not own any
purchased in 2008, and
other main home during the 3-year period ending on the
Owned and used the home as your main home during
date of purchase.
all of 2010,
3. You do not meet any of the conditions listed under
you must begin repaying the credit with your 2010 tax
Who Cannot Claim the Credit beginning on page 2.
return. You repay the credit over a period of 15 years.
Complete only Part IV. See the instructions for line 16b
Long-time resident of the same main home. You are
on page 6.
considered a long-time resident of the same main home if
If you disposed of the home or the home ceased to be
you meet all of the following requirements.
your main home in 2010, you generally must repay the
1. You (and your spouse if married) previously owned
entire credit with your 2010 tax return. Complete Part III
and used the same main home as your main home for
and, if applicable, Part IV.
any 5-consecutive-year period during the 8-year period
You cannot file Form 1040 electronically if you
ending on the date you purchased your new main home.
!
claim the credit.
2. You purchased your new main home located in the
United States:
CAUTION
a. After December 31, 2009, and before May 1, 2010,
Purpose of Form
or
Use Form 5405 to claim the first-time homebuyer credit
b. After April 30, 2010, and before October 1, 2010,
(including the reduced credit for a qualified long-time
and you entered into a binding contract before May 1,
resident of the same main home). The credit may give
2010, to purchase the home before July 1, 2010.
you a refund even if you do not owe any tax. You
3. You do not meet any of the conditions listed under
generally must repay the credit if, during the 36-month
Who Cannot Claim the Credit on page 2.
period beginning on the purchase date, you dispose of
the home or it ceases to be your main home. See
Additional time to purchase a home for members of
Repaying the Credit (for Purchases After 2008) on
the uniformed services or Foreign Service and
page 2.
employees of the intelligence community. Members
This revision of Form 5405 can be used to claim the
of the uniformed services or Foreign Service and
credit only in the following situations.
employees of the intelligence community who are on
You are claiming the credit on your 2009 original or
qualified official extended duty outside the United States
amended return for a home you purchased in 2010.
may have additional time to purchase a home and qualify
You are claiming the credit on your 2010 original or
for the credit. See the instructions for Line D on page 3 to
amended return for a home you purchased in 2010 (or in
find out if you qualify.
2011 if you or your spouse if married are, or were, are a
member of the uniformed services or Foreign Service or
Note. If you were unmarried when you purchased your
an employee of the intelligence community who meets
home and qualified for the credit, then married someone
the requirements explained under Line D on page 3).
who does not qualify for the credit, and are claiming the
Also use this revision of Form 5405 to do the following:
credit for the year in which you are married, you can do
Notify the IRS that the home for which you claimed the
one of the following.
credit was disposed of or ceased to be your main home
You can claim up to an $8,000 credit ($6,500 credit if a
in 2010. Complete Part III.
long-time resident) on a joint return.
Figure the amount of the credit you must repay with
You can claim up to a $4,000 credit ($3,250 credit if a
your 2010 tax return. Complete Part IV.
long-time resident) on a married filing separate return
and your spouse is not allowed to claim any part of the
Who Can Claim the Credit
credit on his or her return.
In general, you can claim the credit if you are a first-time
homebuyer or a long-time resident of the same main
Main home. Your main home is the one you live in most
home (defined below).
of the time. It can be a house, houseboat, mobile home,
cooperative apartment, or condominium.
First-time homebuyer. You are considered a first-time
homebuyer if you meet all of the following requirements.
Cat. No. 54378F

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