Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

By Ilyce Glink | Oct 14, 2009 |

The good news in the real estate market (or what’s passing for good news lately) seems to be working against Sen. Johnny Isakson’s (R-Ga) quest to extend and expand the $8,000 first time home buyer tax credit.

Let’s start with a short review of where we’ve been:

  • In 2008, Congress passed a $7,500 tax credit that essentially worked as a zero-interest loan - you’d have to pay back the $7,500 in $500 per year installments, or all at once if you sold your home before the tax credit was paid back.
  • For 2009, Congress passed an $8,000 tax credit (10 percent of the purchase price to $80,000) for first time home buyers who earned $75,000 ($150,000 if married). To get the $8,000, you had to file an amended 2008 return or wait until you file your 2009 tax return in 2010. (Check out the IRS tax credit cheat sheet for detailed rules.)
  • Some states added in their own state tax credits and incentives, some of which were for any home buyer, not just first time home buyers.
  • Real estate experts began realizing that since the $8,000 wouldn’t come in until tax returns were filed, it wouldn’t help the economy as much as everyone hoped. Some states instituted second loans that would allow home buyers to tap into the $8,000 instantly. (Think of these as much-despised - and hugely profitable - Refund Anticipation Loans, but with not quite such draconian interest rates.)
  • As we moved into Spring, it became clear that the first time home buyer tax credit was working with more than 350,000 first time home buyers taking advantage of the tax credit. It seemed as if real estate was beginning to form a bottom. Sen. Isakson proposed a $15,000 tax credit for everyone, even millionaires in June, and started gathering bipartisan support.
  • But as the real estate market strengthened, some members of Congress felt that spending billions of dollars to extend or expand the tax credit might not be such a good idea. Their constituents have been pretty adamant about not spending any more than the $5 trillion the government has already spent on saving the economy.
  • By the end of September, it became clear that a $15,000 tax credit for everyone, wasn’t going to fly. Fretting that the health care discussions had “sucked all the oxygen out of the room,” Sen. Isakson proposed a $10,000 tax credit for all home buyers.

Which brings us to yesterday, when Sen. Isakson took to the Senate floor to discuss his latest proposal to save the $8,000 tax credit. He held out 74 pages from the Marietta Journal of legal notices announcing the foreclosure of 1,157 homes in a county of 700,000 residents. He said:

Houses continue to decline in their value because the market demand is down. The foreclosures we see today are not subprime loans; they were the loans that were foreclosed on a year or a year and a half ago. When we read the addresses of these 1,157, which I won’t do, they are the addresses of mainstream America and the mortgages that are being foreclosed on are what are called conventional loans that were made to people who had jobs, had income sufficient to make the payments, and had down payments of 5, 10, or 20 percent. These are the good loans a year ago that today are the loans being foreclosed on. In my State, 1 out of every 13 houses shows mortgage holders right now behind in their payments. Foreclosures are at record rates.

The first-time home buyer tax credit is about to expire. What does that have to do with this foreclosure problem we have and the problem of declining values of houses and shrinking equities for the American people? It has everything to do with it. We have a great demonstration project in the first-time home buyer tax credit that shows this Congress the way to continue and get a recovery in our housing market. In the time the first-time home buyer tax credit has been in effect, it is estimated that 350,000 home sales were made. That is 357,000 sales that would not have taken place.

At the end of his speech, Sen. Isakson proposed extending the deadline for the existing $8,000 tax credit from November 30, 2009 until June 30, 2010 to help prop up the real estate market through the coming winter months, typically the slowest selling season of the year. He also proposed expanding the current tax credit from first-time home buyers to all home buyers, provided that they do not earn more than $150,000 as individuals (up to $300,000 married, filing jointly).

The total cost: an estimated $16.7 billion.

According to his office, Sen. Isakson is planning to submit his proposal as an amendment to the Senate’s unemployment benefits extension bill (S.1699), the companion to the recently passed HR 3548, The Unemployment Compensation Extension Act of 2009.

The real question is this: Has Sen. Johnny Isakson finally hit upon a formula that will extend and slightly expand the $8,000 tax credit?

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  •  
    1

    Ilyce Glink

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    UPDATE:

    I had a question about timing from another MW blog post, How About A $15,000 Tax Credit For All Buyers Even Millionaires?.

    The reader wanted to know when the $8,000 tax credit would go from being only for first-time buyers to all buyers (under the new income limit). According to a tax staffer from Sen. Isakson's office, the new means testing (higher income limits and elimination of first time buyer status) would start on December 1, 2009, after the existing tax credit expires on November 30, 2009.

    What does this mean? If you're a repeat buyer purchasing a primary residence (the tax credit IS NOT for investors or those buying second or vacation homes), and you fall under the new income limits, but you purchase before December 1, 2009, you would not be eligible for the $8,000 tax credit.

    Should you postpone your purchase until after November 30, 2009 if you're a repeat buyer? If the $8,000 tax credit expansion and extension passes as an amendment in the next week and you can postpone your purchase, you should.

    Heck, why not grab a part of that $16.7 billion while you can?

  •  
    2

    ja1515

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    i think this version is much more palatable than some of the previous versions to expand the tax credit. Let's see if Sen. Isakson can make this one work!

  •  
    3

    Ilyce Glink

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    @JA1515

    We'll have to see. He's attaching it to a bill that's already passed the House, and is on extending unemployment benefits - which is extremely necessary to keeping even MORE homeowners from going into foreclosure.

    BTW: Foreclosure numbers from RealtyTrac are due out tomorrow. Stay tuned for those. They may give a little more impetus to Sen. Isakson's $8,000 tax credit push.

  •  
    4

    Ilyce Glink

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    @E2000ERA has decided to push back her purchase to December 1, 2009 with the hopes of qualifying for the tax credit. Read our full exchange here.

    Are you in this position? If you are, you may want to consider pushing back the timing on your purchase. You'll have nothing to lose (if you're a repeat buyer or a current homeowner you won't qualify for the current $8,000 tax credit) and everything to gain.

    Just a thought from your friendly CBSMW Home Equity Blogger.

  •  
    5

    ajunanka

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    What is the likelihood that the credit will be extended and/or increased via income/amount?

  •  
    6

    Ilyce Glink

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    @ajunanka

    I think it's fairly likely that this will pass. Although I don't know this for sure, I'm guessing that Sen. Isakson has done his homework and figured out that there just isn't the political will to pass a $10,000 tax credit - let alone a $15,000 tax credit.

    Also, it's clear that no one wants to give millionaires or anyone close to that number an $8,000, $10,000, or $15,000 gift. So, the income limits will have to stand - but the new ones are twice as generous (up to $300,000 in income, if you're married, which will allow almost everyone who buys a home to qualify).

    So, Sen. Isakson has had to settle.

    He's chosen the Unemployment Compensation Extension Act to attach his amendment to - and that Senate bill is being sponsored by Sen. Chris Dodd, who was the first to sign up as a supporter of Sen. Isakson's $15,000 tax credit proposal several months ago. So, Dodd isn't about to reject the amendment and will likely support it.

    Since the Unemployment Compensation Extension Act has already passed the House, and is considered ABSOLUTELY CRITICAL legislation to keep people literally off the streets and hundreds of thousands of additional foreclosures from happening, it's likely that this legislation will pass along with Isakson's amendment.

    But politics isn't a sure thing. There's a HUGE amount of pushback from voters telling their Representatives and Senators that they don't one one more penny being spent. Sen. Isakson's legislation costs nearly $17 billion - that's not small change. And, there is some question as to - the answer seems to be a fairly small number.

    This is as good as it is going to get for Sen. Isakson. It's nowhere near what he wanted originally. And, we're still pushing a whole lot of future sales into this year - which could spell trouble in 2011.

    I think this will probably go through - particularly if the foreclosure numbers (due out tomorrow) are awful.

    Stay tuned. I'll report updates as I get them.

    Thanks for your comment.

  •  
    7

    Ilyce Glink

    10/14/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    Part of this paragraph got deleted. Here's the correct version:

    But politics isn't a sure thing. There's a HUGE amount of pushback from voters telling their Representatives and Senators that they don't one one more penny being spent. Sen. Isakson's legislation costs nearly $17 billion - that's not small change. And, there is some question as to how many first time buyers would have bought anyway, without the tax credit. The answer seems to be a fairly small number.

  •  
    8

    ajunanka

    10/15/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    What is the expected date or timeframe for the Unemployment Compensation Extension Act to pass the Senate (and be signed by the President)?

  •  
    9

    Ilyce Glink

    10/15/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    @ajunanka

    It hasn't come up yet. Sen. Isakson's people are hoping it comes up in the next week or so. Today is the official "drop dead" date. In other words, if you negotiate to buy a house, you MIGHT be able to close in 6 weeks - but probably not. My drop dead date was September 30. Most of the big banks won't promise to be able to close within 6 weeks with what's been going on.

    I'll report as soon as I hear anything.

    Thanks for your comment.

  •  
    10

    pricrimbun

    10/15/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    I agree with this article .

  •  
    11

    Ilyce Glink

    10/15/09 | Report as spam

    RE: Can Sen. Johnny Isakson Save The $8,000 Tax Credit?

    @pricrimbun

    Thanks for your comment.

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