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FHA-approved lenders received the go-ahead to develop bridge-loan products that enable first-time buyers to use the benefits of the federal tax credit upfront, according to guidance from the U.S. Department of Housing and Urban Development on so-called home buyer tax credit loans that was released today.

Although the HUD guidance allows the bridge loans to be used in conjunction with FHA first mortgage financing, few lenders are expected to create bridge-loan products. There are a number of reasons for this. First, the loans must be structured as personal loans rather than as second mortgages or mortgage-backed lines of credit because of statutory restrictions. Second, the limited time-frame of the tax credit program--it's set to expire before Dec. 1 of this year--leaves little time for lenders to set up and operate programs profitably.

Given these limitations, despite the announcement by HUD, the best opportunity for buyers to leverage the tax credit for up-front assistance is through programs set up by some state housing finance agencies. About a dozen state housing finance agencies (public bodies that are instrumentalities of state government) have developed their own tax credit bridge loan programs, so buyers in states whose HFAs offer such programs can monetize the tax credit upfront to cover all or part of their downpayment.

Information on the state HFAs that offer tax credit bridge loans is available at the Web site of the National Council of State Housing Agencies.

FHA Guidance has Limited Scope

Under the guidance from HUD, FHA-approved lenders can develop bridge loans that home buyers can use to help cover their closing costs, buy down their interest rate, or put down more than the minimum 3.5 percent. The bridge loans must be structured as personal loans.

The loans can't be used to cover the minimum 3.5 percent, senior HUD officials told reporters on a conference call Friday morning.

Thus, buyers applying for FHA-backed financing with an FHA-approved lender that offers a bridge-loan program can get a bridge loan to bring down the upfront costs of buying a home significantly but would still have to come up with the minimum 3.5 percent downpayment.

The first-time homebuyer tax credit was enacted last year--and improved upon earlier this year--to help encourage households to enter the housing market while interest rates are low and affordability is high. The credit is worth up to $8,000 and is available to households that haven't owned a home in at least three years. The credit does not have to be repaid, and is fully reimbursable, so households can get their credit returned to them in the form of a payment.

Learn more about the credit, including how to apply for it this year even if you've already filed your taxes, at REALTOR.org.

Source: Robert Freedman, REALTOR® Magazine Online

 Volume 31, Number 9 of The Neal Spelce Austin Letter http://www.austinletter.com/

When the Texas Legislature adjourns next week, this is certain:  Texas will have a balanced budget with no tax increases and there will a big increase in its Rainy Day Fund "savings account."  Look around you.  No other major state can make those claims.

Members of the Texas House and Senate will leave Austin next week after adjourning sine die 6/1/09.  They will not re-convene in Austin in regular session until January 2011.  Many of them will watch other states raise taxes, cut their budgets and plea with Washington for help.

Texas' competitor California is really struggling.  Just how bad is it?

Governor Arnold Schwarzenegger has just proposed borrowing $2 billion from California cities and counties.  The cities and counties squawked to high heaven because they, too, are cash-strapped.  The Governator made this proposal after voters last week overwhelmingly rejected a series of measures to help keep the state solvent.

While Texas has billions of dollars in its Rainy Day fund, California is facing a $21 billion shortfall.  And, in addition to raising taxes, officials there are talking about more and more cuts, including cutting about $600 million from colleges and universities.  Let this sink in.

When we say California is a "competitor" state, consider that California has an impressive higher education system.  One of the best in the nation.  And, even as we speak, you can bet UT Austin is ramping up recruiting efforts to siphon top flight professors from California.

California might look to Minnesota for a road map.  Minnesota was facing a multi-billion dollar shortfall.  But Governor Tim Pawlenty outmaneuvered his legislature after it sent him an outsized spending bill and a long list of tax hikes.  Minnesota already has one of the highest tax burdens in the nation, so Pawlenty said "we shouldn't raise taxes in the worst recession in 60 years" and said he will veto the tax hikes and, furthermore, taking advantage of a little-used provision in Minnesota law, he says he will cut $2.7 billion from the state spending bill to balance the state's budget.  He did this after the legislature adjourned last week.

Other states may not fare as well as Minnesota.  Let's look at how higher and higher state taxes are impacting many states - and, ultimately may benefit Texas - in the next item.

Americans know how to use the moving van to escape high taxes.  People, investment capital and businesses can leave tax-unfriendly states and move to tax-friendly states.  And they are doing that.

Other states are making their comparative situation with Texas even worse during these difficult economic times.  Arthur Laffer and Stephen Moore, writing in a new study for the American Legislative Exchange Council, pointed out the difficulties high tax states were having long before this current economic crisis.

The study, titled "Rich States, Poor States," found that from 1998 to 2007 more than 1,100 people every day including Sundays and holidays moved from the nine highest income-tax states such as California, New Jersey, New York and Ohio and relocated mostly to the nine tax-haven states with no income tax, including Texas, Florida, Nevada and New Hampshire.

"Is it coincidence that the two highest tax-rate states in the nation, California and New York, have the biggest fiscal holes to repair," they ask.  "No.  Dozens of academic studies - old and new - have found clear and irrefutable statistical evidence that high state and local taxes repel jobs and businesses."

And now look what's happening.  Lawmakers in California, Connecticut, Delaware, Illinois, New Jersey, New York and Oregon want to raise income tax rates on the top 1% or 2% or 5% of their citizens.  In fact, the new governor of Illinois has proposed a 50% increase in the income tax rate on the "wealthy."

Or take New Jersey.  (Please!)  In the early 1960s, the state had no state income tax and no state sales tax.  It was a rapidly growing state attracting people from everywhere and running budget surpluses.  "Today its income and sales taxes are among the highest in the nation yet it suffers from perpetual deficits and its schools rank among the worst in the nation.  People are fleeing the state in droves," Laffer and Moore report.

Texas was singled out by the authors for its fiscal soundness.  And, as we noted previously, the Texas tax situation will keep its envied status for at least two more years, while other states are turning to even higher taxes to solve their fiscal instability.  "The Texas economic model makes a whole lot more sense than the New Jersey model, and we hope the politicians in California, Delaware, Illinois, Minnesota and New York realize this before it's too late," they noted.  At least Minnesota's governor took this advice last week.  But the other states have not followed suit.

And this is where Texas benefits economically.  Jobs will continue to flee these high-tax states for the foreseeable future.  And many of them will be created here - providing income and a decent living for those who live in Texas.

Much has been made of the fact that Austin is the only major metro in the nation to gain jobs during this downturn - and rightly so.  But where are those jobs being created?

Admittedly the increase in jobs in the Austin metro is small and the number of unemployed is higher than a year ago.  But, hey, it's the best job situation in the nation.  Given this, an examination of how this has occurred is timely.

The release last Friday of the April 2009 workforce numbers show that Austin's net job gain was 0.4% over April 2008, while Texas job totals are down 1.6% and nationally, the comparative numbers show a 3.8% loss.

In pure numbers, the Austin metro gained 3,400 jobs.

An analysis by Beverly Kerr, VP/Research for the Austin Chamber, shows that Austin's April-over-April net gain in jobs is due to a 3,900 gain in the government sector that compensated for 500 jobs lost in private industry.

Which Austin private sector segments are losing the most jobs?  Kerr said the highest rate of losses occurred in these three categories: natural resources and construction, manufacturing and wholesale trade.

As we have reported previously, government jobs are becoming more and more attractive in these uncertain times.  After all, most government jobs in Austin offer a high degree of security, an attractive health benefits program and solid retirement packages.  Other states may be cutting government jobs. 

Here, they are among the most sought-after.


 
 

IR-2009-14, Feb. 25, 2009

WASHINGTON - The Internal Revenue Service announced today that taxpayers who qualify for the first-time homebuyer credit and purchase a home this year before Dec. 1 have a special option available for claiming the tax credit either on their 2008 tax returns due April 15 or on their 2009 tax returns next year.

Qualifying taxpayers who buy a home this year before Dec. 1 can get up to $8,000, or $4,000 for married filing separately.

"For first-time homebuyers this year, this special feature can put money in their pockets right now rather than waiting another year to claim the tax credit," said IRS Commissioner Doug Shulman. "This important change gives qualifying homebuyers cash they do not have to pay back."

The IRS has posted a revised version of Form 5405, First-Time Homebuyer Credit, on IRS.gov. The revised form incorporates provisions from the American Recovery and Reinvestment Act of 2009. The instructions to the revised Form 5405 provide additional information on who can and cannot claim the credit, income limitations and repayment of the credit.

This year, qualifying taxpayers who buy a home before Dec. 1, 2009, can claim the credit on either their 2008 or 2009 tax returns. They do not have to repay the credit, provided the home remains their main home for 36 months after the purchase date. They can claim 10 percent of the purchase price up to $8,000, or $4,000 for married individuals filing separately.

The amount of the credit begins to phase out for taxpayers whose adjusted gross income is more than $75,000, or $150,000 for joint filers.

For purposes of the credit, you are considered to be a first-time homebuyer if you, and your spouse if you are married, did not own any other main home during the three-year period ending on the date of purchase.

The IRS also alerted taxpayers that the new law does not affect people who purchased a home after April 8, 2008, and on or before Dec. 31, 2008. For these taxpayers who are claiming the credit on their 2008 tax returns, the maximum credit remains 10 percent of the purchase price, up to $7,500, or $3,750 for married individuals filing separately. In addition, the credit for these 2008 purchases must be repaid in 15 equal installments over 15 years, beginning with the 2010 tax year.

IR-2009-27, March 18, 2009

WASHINGTON - As part of the Treasury Department's consumer outreach effort and with the April 15 individual tax filing deadline approaching, the Internal Revenue Service today began a concerted effort to educate taxpayers about additional options at their disposal to claim the new $8,000 first-time homebuyer credit for 2009 home purchases. For people who recently purchased a home or are considering buying in the next few months, there are several different ways that they can get this tax credit even if they've already filed their tax return.

The Treasury Department encourages taxpayers to explore these options to maximize their credit and get their money back as fast as possible.

"The new credit can get money in the pockets of first-time homebuyers quickly," said IRS Commissioner Doug Shulman. "For people who recently purchased a home or are considering buying in the next few months, there are several different ways that they can get this tax credit even if they've already filed their tax return."

First-time homebuyers represent a significant portion of existing single-family home sales. The expansion in the first-time homebuyer credit will make it easier for first-time homebuyers to enter the housing market this year.

Under the American Recovery and Reinvestment Act of 2009, qualifying taxpayers who purchase a home before Dec. 1 receive up to $8,000, or $4,000 for married individuals filing separately. People can claim the credit either on their 2008 tax returns due April 15 or on their 2009 tax returns next year.

The filing options to consider are:

  • File an extension. Taxpayers who haven't yet filed their 2008 returns but are buying a home soon can request a six-month extension to October 15.  This step would be faster than waiting until next year to claim it on the 2009 tax return.  Even with an extension, taxpayers could still file electronically, receiving their refund in as few as 10 days with direct deposit.

  • File now, amend later. Taxpayers due a sizable refund for their 2008 tax return but who also are considering buying a house in the next few months can file their return now and claim the credit later.  Taxpayers would file their 2008 tax forms as usual, then follow up with an amended return later this year to claim the homebuyer credit.

  • Amend the 2008 tax return. Taxpayers buying a home in the near future who have already filed their 2008 tax return can consider filing an amended tax return. The amended tax return will allow them to claim the homebuyer credit on the 2008 return without waiting until next year to claim it on the 2009 return.

  • Claim the credit in 2009 rather than 2008. For some taxpayers, it may make more financial sense to wait and claim the homebuyer credit next year when they file the 2009 tax return rather than claiming it now on the 2008 tax return. This could benefit taxpayers who might qualify for a higher credit on the 2009 tax return. This could include people who have less income in 2009 than 2008 because of factors such as a job loss or drop in investment income.

The IRS reminds taxpayers the amount of the credit begins to phase out for taxpayers whose modified adjusted gross income is more than $75,000, or $150,000 for joint filers. Taxpayers can claim 10 percent of the purchase price up to $8,000, or $4,000 for married individuals filing separately.

IRS.gov provides more information, including guidance for people who bought their first homes in 2008. To learn more about the overall implementation of the Recovery Act, visit http://www.recovery.gov/.

Source: www.irs.gov/newsroom