First time homebuyer credit repayment question - confused about 2008 claim
I'm in a total mess with this first time homebuyer credit situation and need advice. I purchased a home in 2008 but never requested the homebuyer credit on my taxes (or so I thought). I refinanced in 2009 for a lower payment. By 2012-2013, I was struggling and applied for a loan modification with Bank of America but was denied because they said my loan wasn't old enough (only from 2009). I ended up selling the house in 2016 to avoid foreclosure. Was told I didn't need to file taxes that year. Used the money from the sale to buy a new place in 2017. Here's where I'm confused - when I tried to file my 2019 taxes (and then my 2018 taxes), they were rejected because I supposedly need to repay a homebuyer credit. Looking at my 2008 tax record, it shows a loan released on April 15th, but I didn't buy until September 2008. It also says I filed on September 29th and that a refund for the credit was issued around then. When I call the IRS, they won't give me details except that my bank claimed I received the credit when my loan originated in 2008. But if that's true, wouldn't BoA have approved my modification request since the loan would have been considered older? I had no idea about this credit until trying to file my 2019 taxes. I also had some 401k withdrawals in 2013-2014 with huge tax penalties, overpaid taxes in 2012 by about $4,200, and filed 2013 taxes in 2018 through H&R Block but apparently the form wasn't submitted. This is all so confusing and I'm completely blindsided by this homebuyer credit repayment demand. Any help?
20 comments


Callum Savage
The First-Time Homebuyer Credit from 2008 does require repayment, unlike later versions of the credit. Here's what might be happening in your situation: The 2008 credit (maximum $7,500) essentially functioned as an interest-free loan that had to be repaid over 15 years (about $500 per year). If you received it, repayment would have started in 2010 regardless of whether you still owned the home. The confusion might be that you didn't intentionally claim it, but either your tax preparer included it or it was automatically applied. When you look at your 2008 tax transcript, that September refund issue date coinciding with your home purchase and tax filing suggests you did receive the credit. The April 15 date is likely just referring to the tax year, not your actual loan date. The loan modification denial based on 2009 might be referring to your refinance date, not the original mortgage date, which would be separate from the homebuyer credit issue. Your best approach now is to request your complete tax transcript for 2008 from the IRS to confirm if Form 5405 (First-Time Homebuyer Credit) was included. If you did receive the credit, you'll need to continue the repayment schedule regardless of selling the home. If there's a mistake, you'll need documentation to prove you never received it.
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Ally Tailer
•Thanks for explaining this. Quick question - if OP did get the credit but sold the house in 2016, wouldn't they have to repay the entire remaining balance in the year they sold, rather than continuing the 15-year schedule? I thought I read somewhere that selling before the 15 years accelerates the repayment.
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Callum Savage
•You're absolutely right about the acceleration requirement. If the home was sold in 2016 (unless it was sold at a loss with no gain), the remaining balance of the credit would need to be repaid on the 2016 tax return. This is likely why the IRS is rejecting the more recent returns - there was probably an unresolved balance from 2016 that needed to be reported on Form 5405 Part II. The "didn't need to file taxes" advice OP received for 2016 was unfortunately incorrect if there was a homebuyer credit repayment due that year.
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Aliyah Debovski
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Miranda Singer
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Cass Green
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Aliyah Debovski
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Miranda Singer
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Finley Garrett
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Madison Tipne
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Holly Lascelles
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Finley Garrett
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Holly Lascelles
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Malia Ponder
I dealt with this exact issue! Turned out I DID claim the 2008 First-Time Homebuyer Credit without realizing it. My tax preparer had included it thinking it was "free money" without explaining it was actually a 15-year loan. The thing about the 2008 version of this credit specifically is that you have to repay it regardless of whether you still own the home. The 2009-2010 version was different and didn't require repayment if you kept the home for 3 years. The biggest problem is when you sold in 2016, you were supposed to repay the entire remaining balance on that year's tax return. Since you didn't file for 2016, that outstanding balance is now blocking your ability to file current returns. Your best bet is to: 1. File your 2016 return ASAP with Form 5405 showing the repayment 2. Once that's processed, then file your 2018 and 2019 returns
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Landon Flounder
•Thanks for this detailed info! I'm confused though - how can I find out exactly how much I need to repay? I honestly don't even remember receiving this credit and have no idea what the remaining balance would be. Would my 2008 transcript show the original amount?
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Malia Ponder
•Yes, your 2008 tax transcript should show the credit amount. The 2008 credit was capped at $7,500, so assuming you received the maximum, you would have paid back 7 years' worth by 2016 (2010-2016), which would be approximately $3,500 ($500 per year). That means you'd still owe about $4,000 on your 2016 return. You can verify the exact amount by ordering your "account transcript" for 2008 from the IRS website. Look for a line item that says something like "first-time homebuyer credit" or references Form 5405. The original amount will be listed there. Then subtract any repayments you made from 2010-2015, which should also show on your account transcripts for those years.
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Kyle Wallace
I remember this credit! The original 2008 version was basically a $7,500 interest-free loan you had to pay back over 15 years. Lots of people got confused because later versions (2009-2010) turned into a true credit you didn't have to repay if you kept your home long enough. What sucks about your situation is that since you sold the home in 2016, the ENTIRE remaining balance would have become due on your 2016 taxes. That's probably why your 2018 and 2019 returns are getting rejected - there's an outstanding balance the IRS is looking for. The fact that BoA mentioned your loan was from 2009 is probably because of the refinance, which is a separate issue from the homebuyer credit. I suggest calling the IRS (I know, painful) and asking specifically about your Form 5405 from 2008 and what the remaining balance is. Then file your 2016 return with that repayment info.
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Ryder Ross
•TurboTax has a special section for this credit repayment if that helps. I had to deal with it a few years ago. It's under "Other Tax Situations" I think, and then there's an option specifically for the homebuyer credit repayment.
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Leo Simmons
This is a really complex situation, but it sounds like you definitely received the 2008 First-Time Homebuyer Credit even though you weren't aware of it. The key detail is that September 2008 refund showing up right around your home purchase - that's almost certainly the $7,500 credit. Here's what likely happened: Your tax preparer included Form 5405 on your 2008 return, which triggered the credit. The 2008 version was structured as an interest-free loan requiring $500 annual repayments starting in 2010. The critical issue is that when you sold in 2016, you should have repaid the entire remaining balance (roughly $4,000-4,500) on that year's tax return using Form 5405 Part II. Since you didn't file in 2016, that outstanding balance is now preventing your newer returns from being accepted. Your action plan should be: 1. Get your complete tax transcript for 2008 to confirm the exact credit amount 2. Calculate remaining balance (original amount minus any payments from 2010-2015) 3. File your 2016 return immediately with Form 5405 showing the full repayment 4. Once 2016 is processed, then file your 2018 and 2019 returns The Bank of America loan modification issue is separate - they were likely referring to your 2009 refinance date, not the original mortgage or the tax credit. This is definitely fixable, but you'll need to tackle that missing 2016 return first to clear the IRS block.
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Yuki Yamamoto
•This is exactly the roadmap I needed! One quick clarification - when you say "calculate remaining balance," do I subtract $500 for each year from 2010-2015, or would the actual repayment amounts show up on my tax transcripts for those years? I'm worried I might have missed some payments without realizing it, which would make the remaining balance higher than expected. Also, is there a specific deadline for filing that 2016 return, or can I still file it now even though it's so late? I'm assuming there will be penalties, but I just want to make sure I can actually get this resolved.
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