Wedding Etiquette Forum

NWR: Homebuyer question - Federal Recapture Tax?

I've received a lot of wonderful advice from you all here, so I have another question for you. We are still in underwriting and just received a packet from our lender (Suntrust) with information about the Federal Recapture Tax. We have never heard of this before and are confused about why this if the first time (we've been in this process and working with our lender for almost 4 months now), just a few weeks before we're anticipating being able to close.

 

I read the information, but it's unclear about whether we will be obligated to pay it if we stay in our home less than 9 years - there is a paragraph about being able to get it reimbursed. But there's no information about how one might qualify for that. We're frustrated at this point. Every time we turn around, there is some other enormous fee that no one told us about. The recapture tax doesn't seem to be an insignificant amount either. Up to 6.5% of the loan amount. 

 

I guess that's part of being newbie first time home-buyers. We're trying to learn as much as we can, but it's so tough to navigate everything.

 

What do you know about this tax? We want to pull our hair out. Yell

 

Thanks so much in advance. Smile
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Re: NWR: Homebuyer question - Federal Recapture Tax?

  • I have never heard of it in my life, but I also made H deal with most of our loan stuff since he loves dealing with money. But yes that is a large amount of money, is there anyone else (like a friend banker or friend real estate agent) that you can ask? Loan officer? Sorry I'm not more help.
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  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:b321a58c-0abe-4adf-99fd-04be1d1f1eed">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]I have never heard of it in my life, but I also made H deal with most of our loan stuff since he loves dealing with money. But yes that is a large amount of money, is there anyone else (like a friend banker or friend real estate agent) that you can ask? Loan officer? Sorry I'm not more help.
    Posted by tlv204[/QUOTE]

    Thanks tlv! I appreciate your trying. We're going to talk to our (joke of a) real-estate agent later and see what she knows. She's really good at not telling us things, or shrugging and saying, "I don't know."
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  • That stinks :(
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  • Does it have the IRC code section number anywhere on it?  It's easier for me to look it up that way. It might look like 2 S's on top of eachother, followed by a number.
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:c3d461d4-02f1-4777-8e57-10ec259ce692">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]Does it have the IRC code section number anywhere on it?  It's easier for me to look it up that way. It might look like 2 S's on top of eachother, followed by a number.
    Posted by goheels05[/QUOTE]

    The paperwork we got looks more like a FAQ page from a website about it. It does say which forms we should request from the IRS when filing though.. Not sure if that would help?

    Thank you so much!
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  • Nevermind, I found it.

    You qualified for some type of special low-interest rate loan, right?  From my understanding, the following things have to happen before you would be subject to recapture:

    1.  Your income significantly exceeds the max income that allowed you to qualify the loan (as in, more than 5% a year).  Example:  the income threshold was $62,000.  If you sell your home in 5 years, if your income exceeds $80,000, you MIGHT be subject to recapture.

    2.  There's a gain on the sale of your home.

    3.  you sell in less than 9 years.

    All three of those things have to happen before you are subject to the tax.  Also, the tax is based on a portion of your gain, not the original loan amount, so you would automatically have enough to cover it if you were subject to it.  No gain-no tax.  Gain--some tax (not the entire gain).

    Does that make sense?  I really wouldn't worry about it.  The way the tax is set up, there is no way that you wouldn't have the money to pay it, because it's based on how much money you make on the gain on the sale of your house. 
  • Also, just a little tax FYI, the word "recapture" literally means recapturing (taking back) some tax benefit your were given.  It's to prevent people from taking advantage of tax breaks that are not intended for them.  So, anytime you are subject to some form of recapture, you'll never end up in a worse position than you started. 
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:fc029957-af85-4531-98b5-083d1a9d000a">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]Nevermind, I found it. You qualified for some type of special low-interest rate loan, right?  From my understanding, the following things have to happen before you would be subject to recapture: 1.  Your income significantly exceeds the max income that allowed you to qualify the loan (as in, more than 5% a year).  Example:  the income threshold was $62,000.  If you sell your home in 5 years, if your income exceeds $80,000, you MIGHT be subject to recapture. 2.  There's a gain on the sale of your home. 3.  you sell in less than 9 years. All three of those things have to happen before you are subject to the tax.  Also, the tax is based on a portion of your gain, not the original loan amount, so you would automatically have enough to cover it if you were subject to it.  No gain-no tax.  Gain--some tax (not the entire gain). Does that make sense?  I really wouldn't worry about it.  The way the tax is set up, there is no way that you wouldn't have the money to pay it, because it's based on how much money you make on the gain on the sale of your house. 
    Posted by goheels05[/QUOTE]

    Thank you! That makes sense. That sucks big time, though. Our household income will definitely have gone up, and we're 99% sure that we'll grow out of this house somewhere between 5-7 years from now... I wonder if we're really actually saving anything with the "lower" interest rate, first-time homebuyer loan. 
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  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:b572d2d4-e123-4e64-9b8a-1d88cdc0b507">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]Also, just a little tax FYI, the word "recapture" literally means recapturing (taking back) some tax benefit your were given.  It's to prevent people from taking advantage of tax breaks that are not intended for them.  So, anytime you are subject to some form of recapture, you'll never end up in a worse position than you started. 
    Posted by goheels05[/QUOTE]

    Yes, this is very true. Makes sense!
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  • Good, glad that helps!  If I were you, I would definitely take the loan.  The worst that can happen is that you pay back some of what you saved, not even all of it.  It sounds like a pretty good deal.  Makes me a little jealous that DH already had a home when we started dating, otherwise we could have bought together and taken advantage of some of the neat incentives out there!


  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:a25a8ba7-8aac-405d-9778-ba5cccffc317">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]Good, glad that helps!  If I were you, I would definitely take the loan.  The worst that can happen is that you pay back some of what you saved, not even all of it.  It sounds like a pretty good deal.  Makes me a little jealous that DH already had a home when we started dating, otherwise we could have bought together and taken advantage of some of the neat incentives out there!
    Posted by goheels05[/QUOTE]

    Yes, I think you're right. This whole process is so confusing and has made us skeptical of everything. We read everything five times to be sure we're understanding it all. <img src="http://cdn.cl9.vanillaforums.com/downloaded/ver1.0/content/scripts/tinymce/plugins/emotions/images/smiley-smile.gif" border="0" alt="Smile" title="Smile" />
    And you're right: even if we only save a few bucks, it's still money we didn't have to pay someone else. Thank you again!
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  • Heels to the rescue :)

    Shannon, I take it everything is working out on the house with the water heater? Or did you find another one to close on?
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:fd8022d1-c3dd-4272-b074-7be7e38cfc2a">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]Heels to the rescue :) Shannon, I take it everything is working out on the house with the water heater? Or did you find another one to close on?
    Posted by katiewhompus[/QUOTE]

    Hi Katie! Everything is working out with that house. We found out that FHA actually <strong>doesn't </strong>require us to repair the water heater before approval, so we can spend $10 fixing it after we close, rather than going through one of the bank's guys that charge $100 just to show up at the door. Whoo-hoo!

    How are things working out for you? I hope things are going better. Did you guys find another house?
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  • Hurray!
    Well, we went out last Sunday to see 4 houses and all went under contract while we were driving out to see them. Housing market = thesuck

    But...the short sale house attourney is finishing the lien issue (yet another roadblock) this weekend and we may get a closing date on Monday!
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_nwr-homebuyer-question-federal-recapture-tax?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:ce162250-5056-40e1-ad6b-9a483308b721Post:c5f7bcee-b961-4abc-8a3f-2524649de497">Re: NWR: Homebuyer question - Federal Recapture Tax?</a>:
    [QUOTE]Hurray! Well, we went out last Sunday to see 4 houses and all went under contract while we were driving out to see them. Housing market = thesuck But...the short sale house attourney is finishing the lien issue (yet another roadblock) this weekend and we may get a closing date on Monday!
    Posted by katiewhompus[/QUOTE]

    Awesome!! Thank god for that. I have my fingers crossed for you! You deserve some good news!
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