Section references are to the Internal Revenue Code unless otherwise noted.
Section references are to the Internal Revenue Code unless otherwise noted.
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.
You have a federal mortgage subsidy if you received either of the following benefits.
You may also have a federal mortgage subsidy if, when you bought your home, either:
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.
You must file this form if all of the following apply. (For exceptions, see Special Rules on this page.)
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.
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.
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:
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% 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:
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 143(k)(12[sic(13)]) for more details.
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.
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 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 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.
An MCC can be reissued in a refinancing if all of the following conditions are met.
Repayment of the loan.
Your holding period percentage (line 20) may be reduced (see the line 20 instructions) if you:
Other special rules may apply in certain cases. See section 143(m).