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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 8828  
(Rev. March 2010)  
Recapture of Federal Mortgage Subsidy  
You received a federal mortgage  
ownership interest and Dara would figure  
her recapture tax separately based on her  
25% ownership interest.  
Qualified rehabilitation loan. A  
qualified rehabilitation loan (QRL) is a  
loan funded by a QMB for the  
rehabilitation of a home provided that:  
There were at least 20 years between  
the date of the building’s first use and the  
date rehabilitation began,  
A certain percentage of the walls and  
framework was retained in place,  
The rehabilitation costs amounted to 25  
percent or more of your adjusted basis in  
the building after the rehabilitation, and  
You were the first occupant of the  
home after the rehabilitation was  
completed.  
General Instructions  
subsidy (see Federal Mortgage Subsidy  
Section references are to the Internal  
Revenue Code unless otherwise noted.  
earlier).  
When and Where To File  
Purpose of Form  
Attach your Form 8828 to the Form 1040,  
U.S. Individual Income Tax Return, for the  
tax year in which you sold or otherwise  
disposed of your home. File it when the  
Form 1040 is due (including extensions).  
If you have to file Form 8828, you must  
use Form 1040.  
Use this form to figure and report the  
recapture tax on the mortgage subsidy if  
you sold or otherwise disposed of your  
federally subsidized home.  
Federal Mortgage Subsidy  
You have a federal mortgage subsidy if  
you received either of the following  
benefits.  
Special Rules  
Giving away your home. If you gave  
away your home (other than to your  
spouse or ex-spouse incident to divorce),  
you must figure your recapture tax as if  
you had actually sold your home for its  
fair market value at the time of the  
disposition.  
A mortgage loan (including a qualified  
rehabilitation loan) that had a lower  
interest rate than was usually charged  
because it was funded from a tax-exempt  
qualified mortgage bond (QMB) issue.  
A mortgage credit certificate (MCC)  
with your mortgage loan that you could  
use to reduce your federal income taxes.  
If you sold or disposed of this  
rehabilitated building that was your home  
within 9 years after you received the QRL,  
you must recapture the federal mortgage  
subsidy. See section 143(k)(5) for details.  
Special rules may apply for certain  
residences destroyed in a federally  
declared disaster. See section  
Divorce. The transfer of an interest in  
the home by one spouse (or former  
spouse) to another does not result in  
recapture tax to either person (do not file  
this form) if:  
You may also have a federal mortgage  
subsidy if, when you bought your home,  
either:  
1. You assumed the seller’s obligation  
on a QMB-funded loan, provided that you  
were qualified to obtain a loan from the  
proceeds of a QMB, or  
2. The seller’s MCC was transferred  
to you with the approval of the issuer and  
both the following apply:  
a. You met the eligibility requirements  
needed to get an MCC, and  
143(k)(12[sic(13)]) for more details.  
It is incident to divorce, and  
No gain or loss was included in or  
Home improvement loan. There is  
no recapture of the federal mortgage  
subsidy if instead of a QRL you received  
a qualified home improvement loan  
(QHIL) funded by a QMB. A QHIL is  
limited to $15,000 and must be used for  
alterations, repairs, and improvements  
that protect or improve the basic livability  
or energy efficiency of your home. See  
section 143(k)(4) for details.  
deducted from income on your return.  
See Pub. 504, Divorced or Separated  
Individuals, for situations where gain or  
loss is included in or deducted from  
income on the transfer incident to divorce.  
Destruction by casualty. If your home  
is destroyed by fire, storm, flood, or other  
casualty, there generally is no recapture  
tax if you replace the home (for use as  
your main home) on its original site. In  
general, the period for replacement is  
limited to 2 years after the end of the tax  
year when the destruction happened. If  
you do not replace the home in time, you  
must file Form 8828 with Form 1040X,  
Amended U.S. Individual Income Tax  
Return, for the year the home was  
destroyed.  
In certain circumstances, the  
replacement period may be extended if  
the home is located in a federally  
declared disaster area and is destroyed  
by reason of that disaster. For more  
information, see Pub. 547, Casualties,  
Disasters, and Thefts.  
Two or more owners. In general, if two  
or more persons own a home and are  
jointly liable for the federally subsidized  
mortgage loan, figure the actual recapture  
tax separately for each, based on the  
interest of each in the home.  
For example, Dwaine has a 75%  
ownership interest in a house and his  
daughter Dara has the remaining 25%  
ownership interest. Dwaine would figure  
his recapture tax based on his 75%  
b. The issuer of the MCC issued you  
a replacement MCC.  
Qualifying subordinate mortgage loan  
(or grant). A qualifying subordinate  
mortgage loan (or grant) (QSML) is a loan  
that can be made in addition to any QMB  
or MCC federally subsidized financing. To  
receive a QSML, you must agree that if  
you sell your home within a 9-year period,  
you either sell according to certain terms  
or share any gain with the QSML  
Recapture Tax  
If you sold or otherwise disposed of your  
home during the first 9 years after you  
received a federally subsidized QMB or  
MCC loan, you may have to pay back  
(recapture) all or part of the federal  
mortgage subsidy you received by  
increasing your federal income tax for the  
year in which you sold or disposed of your  
home. Refinancing of a federally  
subsidized loan without a sale or  
disposition of the home does not result in  
recapture, but a later sale or disposition  
after the refinancing may result in  
recapture.  
governmental lender. See section  
143(k)(10). If you had a QSML, see the  
line 13 instructions on page 2.  
Refinancing your home. Proceeds from  
a QMB cannot be used to refinance a  
home mortgage. However, replacement  
of construction period, bridge, or similar  
temporary financing used when you first  
purchased your home is not treated as  
refinancing.  
If, once you have received permanent  
financing from the proceeds of a QMB,  
the home is refinanced (with conventional  
financing), the federal subsidy on your  
original QMB loan is subject to recapture  
when you sell or dispose of your home  
within the 9-year recapture period. If you  
refinance within the first 4 years after the  
Who Must File  
You must file this form if all of the  
following apply. (For exceptions, see  
Special Rules on this page.)  
You sold or otherwise disposed of your  
home (whether or not you realized a  
gain).  
Your original mortgage loan was  
provided after December 31, 1990.  
Cat. No. 14075L  
closing date of the original loan, you have  
to adjust your holding period percentage  
(see the worksheet for line 20 on page 3)  
as if your loan was fully repaid on the  
date of the refinancing.  
subsidized debt, not your current address  
as shown on your Form 1040.  
the cost of the property plus purchase  
commissions and improvements, minus  
depreciation. Do not reduce the adjusted  
basis for any gain that you did not  
Line 2. Check the applicable box on line  
2 from the information on the notification  
given to you at the time you took out the  
loan.  
recognize on the sale of a previous home.  
An MCC can be reissued in a  
refinancing if all of the following  
conditions are met.  
1. The issuer reissues an MCC to  
replace your existing MCC, which can be  
the original MCC, an MCC issued to a  
transferee under Regulations section  
1.25-3(p), or an MCC previously reissued  
under the refinancing provisions.  
2. The reissued MCC takes effect  
beginning with the date you refinanced  
your home (refinancing closing date).  
3. The reissued MCC:  
a. Applies to the same property as  
your existing MCC,  
If you received your home, or interest  
in a home, incident to a divorce, your  
adjusted basis is generally the same as  
that of your spouse (or former spouse).  
Line 3. Fill in the requested information  
from the notification discussed above. If  
you have a problem identifying the issuer,  
contact your lender and ask for the  
information.  
For details on how to determine your  
adjusted basis, get Pub. 551, Basis of  
Assets.  
Line 4. Fill in the name and address of  
the bank or other lender that provided  
your original mortgage.  
Line 13. Enter “QSML” on the dotted line  
to the left of the line 13 entry space if you  
sold your home at a gain within the 9-year  
recapture period and paid a share of that  
gain to the QSML governmental lender. In  
the amount column for line 13, enter your  
share of the gain. Attach a worksheet to  
your Form 8828 to explain how you  
calculated your share of the gain. Show  
the date you paid the QSML  
governmental lender its share of the gain  
and the amount of that share. See  
Qualifying subordinate mortgage loan (or  
grant) on page 1.  
Line 5. Fill in the month, day, and year  
that your original federally subsidized  
mortgage loan was provided. This  
generally is the date of settlement on your  
home. However, if the loan became  
federally subsidized debt at a later date,  
use that date instead.  
b. Replaces entirely your existing  
MCC,  
c. Specifies a mortgage debt that  
does not exceed the outstanding debt  
balance on your existing MCC,  
d. Does not increase the certificate  
credit rate specified on the existing MCC,  
and  
e. Does not increase the allowable  
credit under your existing certificate for  
any tax year.  
Line 6. Fill in the applicable month, day,  
and year. The settlement or closing date  
generally is the date of sale. However,  
Form 8828 also applies to certain other  
dispositions of your home. For instance,  
the date to enter on line 6 may be the  
date you deeded the property to a relative  
(see Giving away your home under  
Special Rules on page 1).  
Line 15. Figure your modified adjusted  
gross income as follows:  
Begin with: Your adjusted gross  
income as shown on your Form 1040.  
Add: Any tax-exempt interest that you  
received or accrued for the tax year.  
Subtract: Any gain included in your  
gross income because of the disposition  
of your home.  
Repayment of the loan. Your holding  
period percentage (line 20) may be  
reduced (see the line 20 instructions) if  
you:  
Line 8. Enter the date the original  
federally subsidized loan was fully repaid.  
(This may be the same as the date of sale  
or other disposition on line 6.) A  
Repay your loan in full or refinance  
other than with reissuance of an MCC (as  
described earlier) within the first 4 years  
after the closing date of your original loan,  
and  
refinanced QMB loan is fully repaid on the  
date of its refinancing (with conventional  
financing). However, a refinanced MCC  
loan that met all the conditions specified  
earlier under Refinancing your home is  
considered an extension of the original  
MCC loan. Do not enter the refinancing  
date for such an MCC on line 8. See  
Refinancing your home and the  
Line 16. If your home was financed with  
a federally subsidized loan, you should  
have received notification in writing from  
the bond issuer or the lender at the time  
your mortgage was provided. The  
notification contains a table which lists  
adjusted qualifying income figures. Your  
adjusted qualifying income is found in the  
column of the table that corresponds to  
your family size (number of family  
members living with you at the time of the  
sale) on the line that corresponds to the  
number of full and partial years that you  
held your home.  
Sell or dispose of your home later  
during the 9-year recapture period.  
Other special rules may apply in  
certain cases. See section 143(m).  
instructions for line 20.  
Specific Instructions  
Part II—Computation of  
Recapture Tax  
Note. If your home was financed with a  
federally subsidized loan, you should  
have received notification in writing from  
the bond issuer or the lender at the time  
your mortgage was provided. The  
Note. You must report all required  
information for your interest in the home.  
This may be less than 100% if someone  
else also has an interest in the home (see  
Special Rules on page 1).  
notification should state that your home  
was financed with a mortgage loan from  
the proceeds of a tax-exempt bond or that  
you received a mortgage credit certificate  
with your mortgage loan. The notification  
should include information needed to  
figure your recapture tax and it should  
advise you to keep it for your records.  
Name(s) and social security number.  
The name(s) and social security number  
on Form 8828 should be the same as  
those shown on your Form 1040.  
Line 19. The federally subsidized  
amount should be found on the  
notification you received from the bond  
issuer or from your lender. It is equal to  
6.25% of the highest amount of the loan  
that was federally subsidized. Enter the  
figure on line 19.  
Line 9. This item applies to both sales  
and other dispositions (see Giving away  
your home under Special Rules on page  
1). If your home was disposed of other  
than by sale, the sales price is the fair  
market value of the home at the time of  
the disposition. You should report only the  
part of the sales price representing your  
interest in the home (see Two or more  
owners and Qualifying subordinate  
mortgage loan (or grant) under Special  
Rules on page 1).  
Line 20. You will find your holding period  
percentage on the same line of the table  
from which you obtained your adjusted  
qualifying income (see line 16  
instructions). However, if you fully repaid  
the federally subsidized loan within 4  
years of the closing date of the loan, and  
before selling or otherwise disposing of  
your home, you will need to use the  
worksheet on page 3 to redetermine your  
holding period percentage for line 20.  
Part I—Description of  
Home Subject to Federally  
Subsidized Debt  
Line 1. List the address of the property  
that was subject to the federally  
Line 10. Include sales commissions,  
advertising, legal fees, etc., allocable to  
your interest in the home.  
Line 12. In general, the adjusted basis of  
your interest in the home is your share of  
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Instructions for Form 8828 (Rev. 12-2009)  
Worksheet for figuring the holding period percentage if you fully repaid the original federally subsidized loan: (1) before the  
date of sale or disposition of your home and (2) within the first 4 years after the closing date of the original loan. (Keep for  
your records.) (Do not use this worksheet if lines 6 and 8 of Form 8828 are the same date.)  
A. Closing date of original loan. Enter the date from Form 8828, line 5  
A.  
Month  
Month  
Day  
Day  
Year  
Year  
B. Repayment date. Enter the date from Form 8828, line 8  
B.  
If the repayment date on line B is more than 4 years after the closing date on line A, do not use  
this worksheet.  
C. Enter the number of years between the dates on lines A and B. Round up to the nearest whole  
year  
C.  
Years  
D. If the number of years on line C is:  
Enter this percentage:  
1
2
20%  
40%  
3
4
60%  
80%  
%
D.  
E.  
E. Sale date. Enter the date from Form 8828, line 6  
Month  
Years  
Day  
Year  
F. Enter the number of years between the dates entered on lines B and E. Round up to the nearest  
whole year  
F.  
G. If the number of years on line F is:  
Enter this percentage:  
1
2
100%  
80%  
3
4
5
60%  
40%  
20%  
0%  
%
6 or more  
G.  
H. Multiply the percentage on line D by the percentage on line G. Round to the nearest whole  
percentage. This is your adjusted holding period percentage to enter on line 20 of Form 8828. If  
this percentage is zero, you will have no recapture, but you still must complete and file Form 8828 H.  
%
Instructions for Form 8828 (Rev. 12-2009)  
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