2009 Tax Law Changes

 

 

 


First-time homebuyer credit

 

The first time homebuyer credit increased to a maximum of $8,000 refundable credit for qualified taxpayers. Homes bought from  January 1st, 2008 through April 30, 2010 or even through June 30 (if a written binding contract is in effect by April 30th) can qualify.  Income levels above $75,000 for singles or $150,000 for married filing joint may reduce or eliminate the credit. Selling or moving from your new home before 3 years residence may require payback of the credit.

 

Prior homeowners can also receive up to $6500 refundable credit for homes purchased between Nov. 7, 2009 through April 30, 2010 or even through June 30 (if a written binding contract is in effect by April 30th) if qualified.

 

We can give you all the specifics if you think you qualify for either of the above home credits.

 

 

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Move-up/repeat homebuyers

 

The Worker, Homeownership, and Business Assistance Act of 2009 has established a tax credit of up to $6,500 for qualified move-up/repeat home buyers (existing homeowners) purchasing a principal residence after November 6, 2009 and on or before April 30, 2010 (or purchased by June 30, 2010 with a binding sales contract signed by April 30, 2010).

 

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Earned Income Credit expanded

The Earned Income Tax Credit has been expanded for 2009 to include up to three qualifying children for EIC.  The most you can get for tax year 2009 is:

  • $3,043 if you have one qualifying child

  • $5,028 if you have two qualifying children

  • $5,657 if you have three or more qualifying children

  • $457 if you do not have a qualifying child.

 

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Additional Child Tax Credit

The earned income threshold has been temporarily lowered to $3,000 for purposes of calculating the Additional Child Tax Credit.  Many taxpayers who didn't receive the credit in a prior year because the threshold was $8,050 will qualify for this credit for tax year 2009.

 

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American Opportunity Credit

For tax year 2009, the Hope education credit is renamed to the American Opportunity Credit, and is increased to 100% of the first $2,000 of qualified education expenses and 25% of the next $2,000, for a total credit of $2,500.  Part of the credit (40%) is now refundable for many taxpayers.  AGI phase-out ranges have been increased, as well as the ability to claim this credit for the first four years of post-secondary education.  Qualified expenses now include course materials such as books and computers needed for enrollment or attendance.

 

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Making Work Pay Credit & Government Retiree Credit

Taxpayers with earned income can claim a refundable credit equal to 6.2% of earned income, up to $400 ($800 if Married filing Jointly).  Taxpayers who receive a government pension or annuity may qualify for a refundable credit equal to $250 ($500 if MFJ if both spouses received a qualifying pension or annuity).  The Government Retiree Credit reduces the Making Work Pay Credit.  Economic Recovery Payments received are not taxable for federal income tax purposes.

 

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Qualifying Child Definition

Effective for tax years after 2008, the following changes have been made to the definition of a qualifying child:

  • a qualifying child must be younger than the taxpayer or fully disabled to be counted as a dependent

  • a child cannot be the taxpayer's qualifying child if he or she files a joint return, unless the return was filed only as a claim for refund

  • if the parents of a child can claim the child as a qualifying child, but neither parent does so, then no one else can claim the child as a qualifying child unless that person's AGI is higher than the highest AGI of any parent of the child

 

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Non-business Energy Property Credit

The tax credit for insulation, exterior windows and doors, energy efficient central air and water heaters, advanced main air-circulating fans, and other energy efficient improvements has been reinstated for tax years 2009 & 2010.  The credit is increased to 30% of the improvement, including labor costs, up to a maximum credit of $1,500.

 

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Sales & Excise Tax Deduction for New Motor Vehicle

Effective February 17th, 2009, taxpayers may increase their standard or itemized deductions for state and local sales and excise taxes imposed on the purchase of each qualified motor vehicle.  A qualified vehicle is:

  • a NEW* passenger automobile or light truck with a gross vehicle (GVW) of 8,500 lbs or less

  • a NEW* motor home (no weight limit)

  • a NEW* motorcycle that does not weight more than 8,500 lbs

*A NEW vehicle means that the taxpayer is the first person to hold a title to the vehicle, not counting the dealership.

 

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Standard Mileage Rate

For tax year 2009, the allowable deductions for the standard mileage rate are as follows:

  • Business miles. $.55 per mile

  • Charitable services. $.14 per mile

  • Medical reasons. $.24 per mile

  • Moving. $.24 per mile

 

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Unemployment benefits not fully taxable

Beginning in 2009, each recipient of unemployment benefits can exclude from income the first $2,400 of these benefits on their return.  Unemployment benefit amounts over $2,400 are taxed as ordinary income.

 

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Standard Deduction Increased for Most Taxpayers

Nearly two out of three taxpayers choose to take the standard deduction rather than itemizing deductions such as mortgage interest and charitable contributions. The basic standard deduction is:

  • $11,400 for married couples filing a joint return and qualifying widows and widowers, a $500 increase over 2008

  • $5,700 for singles and married individuals filing separate returns, up $250 and

  • $8,350 for heads of household, up $350

Higher amounts apply to blind people and senior citizens. The standard deduction is often reduced for a taxpayer who qualifies as someone else’s dependent.

Taxpayers can claim an additional standard deduction, based on the state or local real-estate taxes paid in 2009. Taxes paid on foreign or business property do not count. The maximum deduction is $500, or $1,000 for joint filers.

 

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Mortgage Debt Forgiveness Relief Act

Homeowners who experienced foreclosure on their primary home can exclude the cancelled debt amount from their taxable income. For example, a married couple filing jointly with an adjusted gross income (AGI) of $35,000, and a home foreclosure that includes $10,000 in cancelled debt, could decrease their tax liability by $1,500 under this act. In the past, the $10,000 of cancelled debt would have been considered taxable income to the individual that owed the debt. The home must meet the following criteria:

  • It must be the taxpayer's main residence

  • The amount of debt forgiven cannot exceed $2,000,000

  • The loan must have been used to buy, build or substantially improve the home.

 

 

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