2009 Home Buyer Credit Extension and Related Divorce Issues

Back in July I wrote about the first-time homebuyer tax credit that applies to home sales occurring before December 1, 2009. However, there is some great news for prospective homeowners unable to squeeze in a purchase in that timeframe: Reuters is reporting that the credit may be extended for another six months. With bipartisan support in Congress and recent hints that President Obama will back such an extension, the amendment is likely to pass.

Also, we have received queries from readers regarding the effects of divorce on the credit. A common occurrence in divorces is that an ex-spouse's name continues to remain on a deed while he or she no longer lives in the residence. As long as the ex-spouse has not lived in the house at all over the past three years, and as long as the divorce was finalized three or more years ago, the ex-spouse will qualify as a first-time homebuyer because the house is not his or her primary residence. Of course, this assumes that the ex-spouse does not reside in other real property that he or she owns.

 
The situation is different when a married couple is separated and the divorce has not been finalized. Under the rules governing the credit, ownership of a primary residence by one spouse imputes ownership onto the other spouse even if they are legally separated. In such a case, it does not matter if the other spouse's name is on the deed or not both spouses will be disqualified as first-time homebuyers.

Using Form 990 as a Fundraising Tool

Tax-exempt and nonprofit organizations can now find a marketing opportunity in an unusual place, their tax return. It's no secret that people generally hate filling out tax returns almost as much as they hate paying their actual taxes (click here to see an amusing letter sent to the IRS by a disgruntled taxpayer). So it may come as a surprise to many tax-exempt and nonprofit organizations that they can use their well prepared tax returns for an important purpose - fundraising.

Many donors use the website GuideStar.org to access the most recent Form 990, which are the annual tax returns filed by tax-exempt organizations. This can help guide donors in assessing organizations for charitable contributions. Recently the IRS has changed Form 990 enabling it to serve as a powerful public relations tool.

For example, in Part I, Line 1, the preparer is directed to,"[b]riefly describe the organization's mission or most significant activities". This gives the preparer a great opportunity to use positive, inspirational and persuasive language to sell the organization to potential donors. Also, this portion of the tax return will likely be the first entry a potential donor may read, thus it's important to utilize this properly to promote your organization's mission. The usual droll prose used to fill out most tax returns should be avoided and, because it is a tax return, don't stretch the truth.

In Part III, Line 4 the preparer must describe how the organization's three largest programs serves its tax exempt purpose. This is another great opportunity to describe and promote exactly how the organization fulfills its mission. The description of programs should be in depth and as specific as possible. Consider answering these questions when filling out Part III, Line 4:

  • Who was helped? 
  • How many people were helped? 
  • How many volunteers were used? 
  • How much money was raised and disbursed? 
  • Are there any statistical results? 

Give the potential donor confidence that his money will be well used.

Also note that in Part X, Line 1, it asks for the amount of money an organization is keeping as cash in a non-interest-bearing account. If this entry reflects a large sum of money, it gives potential donors the impression that the organization is merely sitting on the money it receives instead of using it to fulfill its mission. As a practical matter, it's best to structure the organization's finances so that little or no money should appear in this portion of the tax return.

Business Record Retention Schedule

I have compiled a record retention schedule to help guide my clients in determining when to dispose business records. Please note that this list serves only as a guide and special circumstances could alter any retention period given.

For more information on record retention check out our previous posts on record retention:

Record Retention in an Electronic World: Time to Clean House?

Developing a Record Retention Policy

Employment Record Retention/Destruction Policies: What not to do

 

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