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Formularul 5405 Instrucţiuni

Instrucţiuni pentru formularul 5405, rambursarea creditului pentru primul cumpărător

Rev. noiembrie 2023

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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 5405  
Repayment of the First-Time Homebuyer Credit  
(Rev. November 2023)  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
credit in excess of the gain doesn't have to be repaid. (See  
Related Persons, later.)  
Transfer to spouse or ex-spouse. If the home was  
transferred to a spouse (or ex-spouse as part of a divorce  
settlement), the spouse who received the home is  
responsible for repaying the credit (regardless of whether he  
or she was the purchaser) if none of the other exceptions  
apply.  
Future Developments  
For the latest information about developments related to  
Form 5405 and its instructions, such as legislation enacted  
after they were published, go to IRS.gov/Form5405.  
Person who claimed the credit dies. If a person who  
claimed the credit dies, repayment of the remaining balance  
of the credit isn't required unless the credit was claimed on a  
joint return. If the credit was claimed on a joint return, then the  
surviving spouse is required to continue repaying his or her  
half of the credit (regardless of whether he or she was the  
purchaser) if none of the other exceptions apply.  
Reminder  
Repayment requirement. The repayment requirement has  
expired for homes purchased after 2008. The repayment  
requirement continues to apply to homes purchased in 2008.  
General Instructions  
Related Persons  
Purpose of Form  
Related persons include the following.  
Use Form 5405 to do the following.  
1. Your spouse, ancestors (parents, grandparents, etc.),  
Notify the IRS that the home you purchased in 2008 and  
or lineal descendants (children, grandchildren, etc.).  
for which you claimed the credit was disposed of or ceased to  
be your main home in 2023. Complete Part I and, if  
applicable, Parts II and III.  
2. A corporation in which you directly or indirectly own  
more than 50% in value of the outstanding stock of the  
corporation.  
Figure the amount of the credit you must repay with your  
3. A partnership in which you directly or indirectly own  
2023 tax return. Complete Part II and, if applicable, Part III.  
more than 50% of the capital interest or profits interest.  
Who Must File  
For more information about related persons, see the  
discussion under Nondeductible Loss in chapter 2 of Pub.  
544, Sales and Other Dispositions of Assets. When  
determining whether you acquired your main home from a  
related person, family members in that discussion include  
only the people mentioned in (1) above.  
You must file Form 5405 with your 2023 tax return if you  
purchased your home in 2008 and you meet either of the  
following conditions.  
1. You disposed of it in 2023.  
2. You ceased using it as your main home in 2023.  
But see Exceptions, later.  
Specific Instructions  
In all other cases, you aren't required to file Form 5405.  
Instead, enter the repayment on 2023 Schedule 2 (Form  
1040), line 10. For example, you aren't required to file Form  
5405 if you are making an installment payment of the credit  
you claimed for a home you purchased in 2008, and you  
owned and used the home as your main home during all of  
2023.  
Credit claimed on a joint return. If you and your spouse  
claimed the credit on a joint return, each spouse is treated as  
having been allowed half of the credit for purposes of  
repaying the credit. Each spouse who meets either condition  
1 or 2 above must file a separate Form 5405.  
Part I. Disposition or Change in Use  
of Main Home for Which the Credit  
Was Claimed  
Complete Part I if you claimed the first-time homebuyer credit  
for a home purchased in 2008 and either you disposed of the  
home or it ceased to be your main home in 2023. This  
includes situations where:  
You sold the home (including through foreclosure);  
You converted the entire home to business or rental  
property;  
You abandoned the home (except in connection with a sale  
Exceptions  
or foreclosure);  
The home was destroyed, condemned, or disposed of  
The following are exceptions to the repayment rule.  
under threat of condemnation; or  
The taxpayer who claimed the credit died in 2023.  
Condemnation or threat of condemnation. If the home is  
destroyed, or you sell the home through condemnation or  
under threat of condemnation to someone who isn't related to  
you and you don't acquire a new home within the 2-year  
period, the repayment with your return for the year in which  
the 2-year period ends is limited to the gain on the disposition  
as determined in Part III of Form 5405. The amount of the  
Sales (including through foreclosure). In the case of a  
sale (including through foreclosure) of your main home, you  
must repay the credit with the tax return for the tax year in  
which the sale is completed. In general, this will occur when  
the purchaser (or lender) obtains title to your home.  
Aug 1, 2023  
Cat. No. 54378F  
     
Any of the elements of the Department of Homeland  
Name and social security number. Enter your name and  
social security number. Each spouse who meets condition 1  
or 2 earlier under Who Must File must file a separate Form  
5405. Each spouse must enter only his or her name and  
social security number on his or her separate Form 5405.  
This is true whether a joint return or separate returns are filed.  
Line 1. If your home was destroyed or condemned, or you  
disposed of the home under threat of condemnation, enter  
the date it was destroyed, condemned, or disposed of under  
threat of condemnation (or the date it ceased to be your main  
home, whichever is earlier).  
Security concerned with the analyses of foreign intelligence  
information.  
Lines 3a, 3b, and 3c. If you sold your home to someone  
who isn't related to you, complete Part III to figure the gain or  
(loss) on the sale. (The person isn't related to you if he or she  
doesn't meet the definition under Related Persons, earlier.)  
The repayment is limited to the amount of gain. The amount  
of the credit in excess of the gain doesn't have to be repaid.  
Line 3d. See the Tip below for information about converting  
your entire home to business or rental use.  
Line 2. Check the box if you (or your spouse, if married):  
Don't check this box if you converted only a part of the  
home to rental or business use and you continue to use the  
other part as your main home. Don't file Form 5405 for this  
conversion. Enter your annual repayment on your 2023  
Schedule 2 (Form 1040), line 10.  
Example 1. You claimed the credit for a home you  
purchased in 2008. In January 2023, you converted the  
basement of your home for use as a child care business. You  
continued to use the rest of your home as your main home in  
2023. You are required to repay at least one-fifteenth (1/15) of  
the credit with your 2023 return. You don't have to file Form  
5405. Instead, enter the repayment on your 2023 Schedule 2  
(Form 1040), line 10.  
Are, or were, a member of the uniformed services or  
community (defined below); and  
Sold the home or the home ceased to be your main home  
after 2008 because you (or your spouse, if married) received  
U.S. Government orders to serve on qualified official  
extended duty (defined next).  
If you (or your spouse, if married) meet both of these  
conditions, you (and your spouse, if married) don't have to  
repay the credit.  
Qualified official extended duty. You are on qualified  
official extended duty while:  
Serving at a duty station that is at least 50 miles from your  
Example 2. You claimed the credit for a home you  
purchased in 2008. In January 2023, you moved out of the  
home and converted it to rental property. You must check the  
box on line 3d and complete Part II. In this case, you must  
repay the balance of the credit with your 2023 tax return.  
main home, or  
Living in U.S. Government quarters under U.S.  
Government orders.  
You are on extended duty when you are called or ordered to  
active duty for a period of more than 90 days or for an  
indefinite period.  
When you convert your entire home to business or  
Uniformed services. The uniformed services are:  
rental use, you no longer use any part of it as your  
main home. The home is used for business if you use  
TIP  
The Armed Forces (the Army, Navy, Air Force, Marine  
Corps, and Coast Guard),  
it for an activity that you carry on to make a profit. The facts  
and circumstances of each case determine whether or not an  
activity is a business.  
The commissioned corps of the National Oceanic and  
Atmospheric Administration, and  
The commissioned corps of the Public Health Service.  
Line 3e. Check the box on line 3e if you meet either of the  
Foreign Service member. For purposes of the credit, you  
following conditions.  
are a member of the Foreign Service if you are any of the  
following.  
You transferred the home to your spouse.  
You and your spouse divorced and you transferred the  
A Chief of mission.  
home to your ex-spouse as part of the divorce settlement.  
Include the full name of your ex-spouse in the space  
provided.  
An Ambassador at large.  
A member of the Senior Foreign Service.  
A Foreign Service officer.  
Part of the Foreign Service personnel.  
Employee of the intelligence community. For purposes  
The spouse who received the home is responsible for  
repaying the credit under the rules provided in these  
instructions.  
of the credit, you are an employee of the intelligence  
community if you are an employee of any of the following.  
Lines 3f and 3g—Home destroyed or sold through con-  
demnation or under threat of condemnation. If your  
home was destroyed or you sold your home through  
condemnation or under threat of condemnation to a person  
who isn't related to you, the amount of the credit you have to  
repay (if any) is limited to the gain on the disposition.  
Complete Part III to determine whether you have a gain.  
Check the box on line 3f if you have a gain. If you don't have  
a gain, you don't have to repay any of the credit. Check  
the box on line 3g if you don't have a gain. Then read the  
instructions below for line 3f or line 3g, whichever applies.  
Line 3f. If you acquired or plan to acquire a new home  
within 2 years of the event, you must generally continue to  
repay the credit over a 15-year period that began with your  
2010 tax return. Complete Part II to figure your installment  
payment for 2023 if the event wasn't a sale to a related  
person.  
The Office of the Director of National Intelligence.  
The Central Intelligence Agency.  
The National Security Agency.  
The Defense Intelligence Agency.  
The National Geospatial-Intelligence Agency.  
The National Reconnaissance Office and any other office  
within the Department of Defense for the collection of  
specialized national intelligence through reconnaissance  
programs.  
Any of the intelligence elements of the Army, the Navy, the  
Air Force, the Marine Corps, the Federal Bureau of  
Investigation, the Department of the Treasury, the  
Department of Energy, and the Coast Guard.  
The Bureau of Intelligence and Research of the  
Department of State.  
-2-  
Instructions for Form 5405 (Rev. 11-2023)  
             
If you don't acquire a new home within the 2-year period,  
the following rules generally apply.  
If you and your spouse claimed the credit on a joint  
return, each spouse is treated as having been  
allowed half of the credit for purposes of repaying the  
TIP  
If the event occurred in 2021, you must generally repay the  
balance of the credit in full with your 2023 return. You don't  
have to file Form 5405. Instead, enter the repayment on your  
2023 Schedule 2 (Form 1040), line 10.  
credit. Each of you must file a separate Form 5405 to notify  
the IRS that you disposed of the home or ceased to use it as  
your main home and figure the amount of the repayment.  
If the event occurred after 2021, your annual repayment  
Line 4. If you claimed the credit on a joint return but your  
spouse died, enter one-half (1/2) of the credit you claimed.  
The remaining half (that is, your spouse's half) doesn't have  
to be repaid. If you and your spouse claimed the credit and  
the home was later transferred to you by your spouse (or  
ex-spouse as part of a divorce settlement), enter the total  
credit claimed by both you and your spouse (or ex-spouse).  
Enter the credit you claimed for a home that was  
destroyed or that you sold through condemnation or under  
threat of condemnation.  
Line 6. If you checked the box on line 3f and the event  
wasn't a sale to a related person (defined earlier), go to  
line 7.  
If you checked the box on line 3f or line 3g and the event  
was a sale to a related person (defined earlier), skip line 7  
and go to line 8.  
requirement continues until the year in which the 2-year  
period ends. On the tax return for the year in which the 2-year  
period ends, you must include all remaining installments as  
an increase in tax. Note that since the 15-year repayment  
period for homes purchased in 2008 began with your 2010  
tax return and ends with your 2024 tax return, the last  
possible year of repayment will be for 2024. Therefore, if the  
2-year period ends after 2024, you will not have any  
remaining installments due as your balance will be fully paid  
off with your 2024 tax return.  
Line 3g. If you don't have a gain, you don't have to repay  
any of the credit, unless you sold your home under threat of  
condemnation to someone who is related to you. If the buyer  
is related to you, the rules explained above for line 3f apply,  
except that you must repay the entire amount of the credit  
you claimed if you didn't acquire a new home within the  
2-year period. This is true even if you had a loss on the sale.  
Line 7. If any of the following conditions apply, enter on  
Line 3h. If you are filing a joint return for 2023 with the  
deceased taxpayer, complete Form 5405 with the deceased  
taxpayer's information only. Check box 3h and file the form  
with your joint return. The deceased taxpayer need not repay  
the credit in 2023 or any later year.  
line 7 the gain from line 15.  
You checked the box on line 3a.  
You checked the box on line 3f and the event wasn't a sale  
to a related person (defined earlier).  
If neither of the above conditions apply, leave line 7 blank.  
If you claimed the credit on a joint return with the  
deceased taxpayer, the following rules also apply.  
Line 8. Read the following to determine the amount to enter  
1. If you didn't dispose of the home and the home didn't  
cease to be your main home, don't complete a separate  
Form 5405 with your information.  
2. If you disposed of the home or the home ceased to be  
your main home, complete a separate Form 5405 with your  
information only. Check the appropriate box on lines 3a  
through 3g and file the form with your joint return.  
on line 8.  
1. If you checked the box on line 3a, enter the smaller of  
line 6 or line 7 on line 8.  
2. If you checked the box on line 3c or line 3d, enter the  
amount from line 6 on line 8.  
3. If you checked the box on line 3f or line 3g, the  
following rules apply.  
Note. If you originally claimed the credit on a joint return,  
instructions 1 and 2 above apply even if you aren't filing a  
joint return with the deceased taxpayer for 2023.  
a. If you checked the box on line 3f for an event that  
occurred in 2023 and you didn't sell the home to a related  
person (defined earlier), your repayment is limited to the gain.  
If line 7 is less than line 6, divide line 7 by 2.0. Otherwise,  
divide line 4 by 15.0. This is the minimum amount you must  
repay with your 2023 return. Enter this amount (or a larger  
amount if you choose) on line 8. But see Repaying more than  
b. If you checked the box on line 3f or line 3g for an event  
that occurred in 2023 and you sold the home to a related  
person (defined earlier), divide line 4 by 15.0. This is the  
minimum amount you must repay with your 2023 return.  
Enter this amount (or a larger amount if you choose) on  
below.  
c. If you don't repay your credit earlier, you continue to  
repay the amount described above with your 2024 tax return.  
But see (d) next for an exception.  
d. If you don't acquire a new main home within 2 years of  
the event, (c) above doesn't apply. Instead, you must include  
any remaining installments as an increase in tax on the tax  
return for the year in which the 2-year period ends.  
Part II. Repayment of the Credit  
If you owned the home and used it as your main home during  
all of 2023, you must continue repaying the credit with your  
2023 tax return. You don't have to file Form 5405. Instead,  
enter the repayment on your 2023 Schedule 2 (Form 1040),  
line 10.  
If you are required to repay the credit because you  
disposed of a home you purchased, or that home ceased to  
be your main home, you must generally repay the balance of  
the unpaid credit with your 2023 tax return. An exception  
applies if your home was destroyed or condemned, or you  
disposed of the home under threat of condemnation, and you  
didn't acquire a new main home within 2 years of the event.  
(See the instructions for lines 3f and 3g, earlier.) Another  
exception applies for certain members of the uniformed  
services or Foreign Service or employees of the intelligence  
community (see the instructions for line 2, earlier).  
-3-  
Instructions for Form 5405 (Rev. 11-2023)  
 
Since the 15-year repayment period for homes  
purchased in 2008 began with your 2010 tax return  
and ends with your 2024 tax return, the last possible  
the credit ($7,500 ÷ 15 years = $500) each year for 15 years  
starting with your 2010 tax return. However, you chose to  
repay $700 with your 2010 tax return; you made the required  
minimum payment of $500 with your 2011, 2012, 2013, 2014,  
2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, and 2023  
tax returns. The minimum repayment with your 2024 tax  
return is $300 (the balance of unpaid installments)—not  
$500.  
TIP  
year of repayment for a home will be for 2024. Therefore, your  
final payment for the situations described in both (c) and (d)  
will be for 2024.  
Repaying more than the minimum amount. You must  
repay at least one-fifteenth (1/15) of the credit with every tax  
return during the repayment period until the year the credit is  
paid in full. You can choose to repay more than the minimum  
amount with any tax return. Your final payment may be less  
than the required minimum amount.  
Part III. Form 5405 Gain or (Loss)  
Worksheet  
Line 12. Enter the amount from line 6 of Worksheet 2 in Pub.  
Example. You claimed a $7,500 credit for a home  
523.  
purchased in 2008. You are required to repay at least $500 of  
-4-  
Instructions for Form 5405 (Rev. 11-2023)