Can Land Contracts Claim the $8000.00 Tax Credit?

by Tom Royce on May 13, 2009


Missy Caulk, a top Realtor in Ann Arbor,  has heard from the legal adviser to the Michigan Association of Realtors and he seems to think so. This could be a windfall for many who are looking to get the tax credit but are not ready to buy a home yet.

Can buyers in Michigan who buy on a land contract claim the $8000.00 tax credit?

Because the Federal Legislation is silent on the issue, Greg McClelland, our legal council of the Mi Association of Realtors wrote an opinion on it.

If you want the entire opinion, leave me a comment here and I will email it to you.

The bottom line is “there is no rational basis for treating land contract purchases differently than mortgagors for the purpose of the credit. via Missy Caulk at Ann Arbor Real Estate Talk.

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{ 101 comments… read them below or add one }

Missy December 1, 2009 at 7:17 am

I am interested in your opinion. I have people interested in buying my house – rent to own – but maybe land contract would be better so they could get the credit…

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Joe December 9, 2009 at 7:21 am

Hi,

I would like your full opinion on getting a tax credit for land purchase!

Thanks

Joe

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Missy December 10, 2009 at 6:44 am

I’m from Indiana wondering if I submit to a land contract will I be able to get $8000 tax credit?

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Chris Miller December 14, 2009 at 7:38 pm

Please forward info on eligibility for first time home buyers credit for homes purchased under land contract.

Thx

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crosscut22@gmail.com December 27, 2009 at 9:49 am

would most appreciate any information on this matter

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Donna Andres January 4, 2010 at 10:26 pm

I would like your opinion on the land contract and the $8000.00 tax credit information.

Thank You,

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Jesse January 7, 2010 at 8:48 am

This will solve the questions you have.

I purchased my house in May 2009 on Land Contract. I DID get the $8000 tax credit. I filled out the correct 2 forms and ameded my 2008 taxes to get the money sooner.

Also, you don't need to pat a CPA a lot to do it. Just fill out the 5405 and 1040X forms. Make sure to call the IRS and know have them walk you through EXACTLY how to fill out the forms croectly or you might screw yourself.

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Jesse January 7, 2010 at 8:50 am

Sorry about all the typos.

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Sue D January 16, 2010 at 5:57 pm

I would like your opinion on the current land contract and $8,000 tax credit. Is there anything new from the IRS about how they will treat this matter?

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Jesse January 18, 2010 at 3:56 pm

What opinion? It's free $8000. Read what I posted and it will be a snap.

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Luke January 19, 2010 at 2:42 am

I am very interested in confirming my understanding that it is possible.

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Missy January 20, 2010 at 4:47 pm

Please send me more information.

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Kristy January 21, 2010 at 10:21 am

My boyfriend and I are currently going to buy a home on a land contract from his father and want to know if we qualify for the new home buyer credit? Please email me details

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Jesse January 25, 2010 at 3:46 pm

Oh my god, are you all ignoring what I said? I am confirming it, I am telling you how to do it, and I promise I did it.

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Dave January 27, 2010 at 8:24 am

I am interested in the full statement, with one question that may not be addressed. How do you file the claim on the federal return when no HUD-1 is generated? I have a land contract and a purchase agreement for an 18-month contract at which time I need to get conventional lending or pay off the balloon.

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J. Apple January 29, 2010 at 4:28 am

Regardless of the state, any buyer that has purchased a home via a 'Deed for Contract' does indeed qualify. Simply replace the HUD-1 settlement statement with the executed Deed for Contract, and submit the executed contract along with your wage statements, IRS form I5405, and all other applicable tax documents to the IRS. 1040A or 1040EZ cannot be used if you qualify and are claiming the $8,000 tax credit. You must fill out the forms and mail them to your respective IRS office. (For where to mail you return, go to irs.gov/file/content/0..id=105690,00.html)

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k woelk January 30, 2010 at 7:02 am

please send me the entire file on whether land contracts count for the tax credit.

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Todd Fleharty February 1, 2010 at 6:05 am

Please send me this info..

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James Gilbert February 3, 2010 at 6:12 pm

Please send this information on weather land contracts qualify for the tax credit.

Thanks

Jim

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John February 13, 2010 at 10:01 am

I am interested in obtaining the legal opinion on the land contracts and whether or not they qualify for a tax credit.

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ryan davis February 28, 2010 at 4:22 pm

i moved into my home in august 2008 on a land contract, i am closing on my home march 3rd 2010, am i eligible for the tax credit i am interested in your legal opinion.

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Rebecca LaTocha March 16, 2010 at 9:06 am

I would appreciate if you would forward information on whether land contracts qualify for the tax credit.

Thanks,

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Chris March 22, 2010 at 6:47 am

I am considering buying land now but will not be ready to build on it for several months, beyond the tax credit deadline. I'm interested in finding out if I can obtain the tax credit now on the land purchase? Thank you.

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Joe March 29, 2010 at 4:40 pm

I would really appreciate getting the entire opinion. After researching the subject myself, I'm fairly sure that a Land Contract purchase would qualify for the tax credit. I would like to know if there are any details in the opinion about what language should be used in the actual contract in order to make it happen.

Thanks a lot

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Alicia Carney March 30, 2010 at 10:59 am

Could you please email me your opinion on this matter as well?

We are having one heck of a time with the Fresno office (live in Wisconsin) and even with out advocate's help no one seems to have any idea what to do with a land contract! I have prepared a letter spelling out the "Benefits and Burdens" as defined in the IRS article and pointed them to each sentence in our paperwork as to how that relates to us, that will be faxed today.

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Sabrina March 31, 2010 at 11:11 am

Please email me details. Thanks

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Eric March 31, 2010 at 2:07 pm

Please send me a copy, thanks!

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Connie April 6, 2010 at 9:32 am

Please send me a copy at your earliest convenience! I just found out because I have not owned a home since 2004 that I qualify for the new home owners credit and can use that as down payment on a land contract!!!

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justin April 6, 2010 at 6:26 pm

Hello – looks VERY interesting, please send asap!! Many thanks in advance =)

Cheers

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edward charlip April 12, 2010 at 6:05 am

i would appreciate a copy as this would allow my daughter to purchase a house.

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seth April 12, 2010 at 4:38 pm

Please email me a copy also, thanks.

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Erika April 20, 2010 at 7:29 am

Please forward the opinion

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Erika April 20, 2010 at 7:47 am

If I have already filed a 1040A and have received a refund, can I file an amended return for a land contract entered into by April 30th and receive the money within the typical 12 weeks?

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Curt April 24, 2010 at 7:55 pm

I have a mobile home on land that has been under land contract for 9 years. I am going to purchase the land and want to know if the purchase of the land alone is eligible for the credit.

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ashley April 27, 2010 at 10:09 am

I would really appreciate getting the entire opinion. After researching the subject myself, I’m fairly sure that a Land Contract purchase would qualify for the tax credit. I would like to know if there are any details in the opinion about what language should be used in the actual contract in order to make it happen.

Thanks a lot

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cindy April 28, 2010 at 12:31 pm

Please forward the details of your opinion to me as well. Thanks!

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Linda April 28, 2010 at 3:50 pm

Please send me the full opinion. Thanks!

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Marti Maples April 28, 2010 at 9:21 pm

I am getting ready to try to get a home on land contract, how do I find out if I can get tax credit? Thanks

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Fran April 29, 2010 at 3:19 pm

We are in the process of buying a home on land contract. How can I find out if we can get the tax credit? Does the contract have to be worded a certain way? Please send me a copy of the opinion.

Thanks

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Darryl May 2, 2010 at 3:37 pm

please send me your full opinion thanks.

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Rebecca May 6, 2010 at 11:15 am

Please send along the additional information.

Thanks in advance!

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Virginia May 7, 2010 at 1:09 pm

I would like to read this opinion on land contracts & the tax credit.

Thank you.

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jon May 20, 2010 at 7:45 am

Oh boy. We filed in beginning of Feb. 6th 2010. We got an IRS letter two months later on April 4th stating they wanted our HUD 1 form. Because we are on a land contract, we do not have a HUD. So we re-submitted the sales contract along with pay stubs and copies of downpayment check etc. Just learned today MAY 20th!!) that we were rejected AGAIN for not having HUD, even though the Irs language clearly states that our purchase qualifies. This has been so completely frustrating. The best part is that it's held up our ENTIRE refund, not just the credit. Nobody has any answers for us.

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staci June 8, 2010 at 9:04 am

want to hear what your opinion on the land contract thing please.

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Kris June 11, 2010 at 5:07 pm

PleASE SEND ME INFO ON APPLYING FOR THE HOME BUYERS CREDIT UNDER A LAND CONTRACT. wE ENTERED INTO AGREEMENT ON mARCH 30, 2010. nOT SURE WHAT FORMS NEED TO BE SENT.

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Avery Rolt June 27, 2010 at 6:47 am

PleASE SEND ME INFO ON APPLYING FOR THE HOME BUYERS CREDIT UNDER A LAND CONTRACT. wE ENTERED INTO AGREEMENT ON mARCH 30, 2010. nOT SURE WHAT FORMS NEED TO BE SENT.

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Susan M July 4, 2010 at 12:30 am

We purchased land earlier this year in which we plan to build on in the spring of next year. I would be very interested to know if one would qualify for the credit with just a vacant land purchase. Thank you and will be awaiting the information.

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Holly Varner July 14, 2010 at 3:50 pm

My husband and I are trying to write up a land contract for a home that my father-in-law currently owns. The home needs quite a few repairs and updates and the 8,000.00 tax credit would be just what we could use for this purpose. We are both on SSDI, living on a fixed income, with no money to spare for updates on the home. The tax credit is the only way we would ever be able to afford these updates. The home is old , has no insulation at all (it is a 1970 single wide trailer ) . It is very expensive to heat and cool , has many wiring , plumbing, and general aesthetic issues. We have been married for thirty years , raised five children and are now disabled , therefore this will probably be the last home we ever live in. I would love to make this a home that we can afford to live in and love to live in as well. A safe and comfortable place for my grandchildren to come and visit. Please send me all information you have on the land contract tax credit as well as any persons I could contact to get more information on this. Receiving the tax credit would be life changing for my husband and I. We thought we would never be able to own a home again or fix the home we live in up to any degree. Thank You very much for your time Holly S. Varner

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Amanda S July 29, 2010 at 7:35 am

please send info

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Sarah August 1, 2010 at 6:56 am

We would greatly appreciate receiving any info on buying a home on contract and any information regardng taxes. We live in Indiana and are going to be purchasing the home we currently rent on contract. Thank you for your help.

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