36.   Other Credits

What's New

First-time homebuyer credit. You generally cannot claim the credit for a home you bought in 2011. However, certain members of the Armed Forces, other uniformed services, or Foreign Service and certain employees of the intelligence community can claim the credit for a home bought before May 1, 2011. Also, they may be able to claim the credit if they entered into a written binding contract before May 1, 2011, to buy the home before July 1, 2011. See First-Time Homebuyer Credit .

Repayment of first-time homebuyer credit. If you have to repay the credit, you may be able to do it without filing Form 5405. See First-Time Homebuyer Credit .

Alternative motor vehicle credit. You cannot claim this credit for a vehicle you bought in 2011, unless the vehicle is a new fuel cell motor vehicle. See Alternative Motor Vehicle Credit .

Alternative fuel vehicle refueling property credit. Generally, this credit is less for property placed in service after 2010. See Alternative Fuel Vehicle Refueling Property Credit .

Nonbusiness energy property credit. The credit is figured differently than it was for 2010. The credit now has a lifetime limit of $500, of which only $200 can be for windows. Other limits and rules have also changed. See Nonbusiness energy property credit under Residential Energy Credits.

Adoption credit. The maximum adoption credit increases to $13,360. See Adoption Credit for more information.

Health coverage tax credit. The credit decreases to 72.5% (.725) for amounts paid for qualified health insurance coverage after February 2011. See Health Coverage Tax Credit .

Making Work Pay Credit. This credit has expired. You cannot claim it on your 2011 return.

Excess withholding of social security and railroad retirement tax. Social security tax and tier 1 railroad retirement (RRTA) tax were both withheld during 2011 at a rate of 4.2% of wages up to $106,800. If you worked for more than one employer and had too much social security or RRTA tax withheld during 2011, you may be entitled to a credit for the excess withholding. See Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld , later.

Introduction

This chapter discusses the following nonrefundable credits.

  • Alternative motor vehicle credit.

  • Alternative fuel vehicle refueling property credit.

  • Credit to holders of tax credit bonds.

  • Foreign tax credit.

  • Mortgage interest credit.

  • Nonrefundable credit for prior year minimum tax.

  • Plug-in electric drive motor vehicle credit.

  • Plug-in electric vehicle credit.

  • Residential energy credits.

  • Retirement savings contributions credit.

This chapter also discusses the following refundable credits.

  • Adoption credit.

  • Credit for tax on undistributed capital gain.

  • First-time homebuyer credit.

  • Health coverage tax credit.

  • Refundable credit for prior year minimum tax.

  • Credit for excess social security tax or railroad retirement tax withheld.

Several other credits are discussed in other chapters in this publication.

  • Child and dependent care credit (chapter 31).

  • Credit for the elderly or the disabled (chapter 32).

  • Child tax credit (chapter 33).

  • Education credits (chapter 34).

  • Earned income credit (chapter 35).

Nonrefundable credits.   The first part of this chapter, Nonrefundable Credits, covers ten credits that you subtract from your tax. These credits may reduce your tax to zero. If these credits are more than your tax, the excess is not refunded to you.

Refundable credits.   The second part of this chapter, Refundable Credits, covers six credits that are treated as payments and are refundable to you. These credits are added to the federal income tax withheld and any estimated tax payments you made. If this total is more than your total tax, the excess will be refunded to you.

Useful Items - You may want to see:

Publication

  • 502 Medical and Dental Expenses (Including the Health Coverage Tax Credit)

  • 514 Foreign Tax Credit for  
    Individuals

  • 530 Tax Information for Homeowners

  • 590 Individual Retirement Arrangements (IRAs)

Form (and Instructions)

  • 1116 Foreign Tax Credit (Individual, Estate, or Trust)

  • 2439 Notice to Shareholder of Undistributed Long-Term Capital Gains

  • 5405 First-Time Homebuyer Credit and Repayment of the Credit

  • 5695 Residential Energy Credits

  • 8396 Mortgage Interest Credit

  • 8801 Credit For Prior Year Minimum Tax — Individuals, Estates, and Trusts

  • 8828 Recapture of Federal Mortgage Subsidy

  • 8834 Qualified Plug-in Electric and Electric Vehicle Credit

  • 8839 Qualified Adoption Expenses

  • 8880 Credit for Qualified Retirement Savings Contributions

  • 8885 Health Coverage Tax Credit

  • 8910 Alternative Motor Vehicle Credit

  • 8911 Alternative Fuel Vehicle Refueling Property Credit

  • 8912 Credit to Holders of Tax Credit Bonds

  • 8936 Qualified Plug-in Electric Drive Motor Vehicle Credit

Nonrefundable Credits

The credits discussed in this part of the chapter can reduce your tax. However, if the total of these credits is more than your tax, the excess is not refunded to you.

Alternative Motor Vehicle Credit

You may be able to take this credit if you place a qualified fuel cell vehicle in service in 2011. The credit is also allowed for the cost of converting a vehicle to a qualified plug-in electric drive vehicle.

The credit has expired for advanced lean burn technology vehicles, qualified hybrid vehicles, and qualified alternative fuel vehicles purchased after 2010. You cannot claim the credit on your 2011 return for these vehicles. However, you may be able to claim the credit for one of these vehicles purchased in 2010 but not placed in service until 2011.

Amount of credit.   Generally, you can rely on the manufacturer's certification that a specific make, model, and model year vehicle qualifies for the credit and the amount of the credit for which it qualifies. In the case of a foreign manufacturer, you generally can rely on its domestic distributor's certification.

  Ordinarily the amount of the credit is 100% of the manufacturer's (or domestic distributor's) certification of the maximum credit allowable. However, the credit for converting a vehicle to a qualified plug-in electric drive vehicle is the smaller of (a) $4,000, or (b) 10% of the cost of the conversion.

How to take the credit.   To take the credit, you must complete Form 8910 and attach it to your Form 1040. Include the credit in your total for Form 1040, line 53. Check box c and enter “8910” on the line next to that box.

More information.   For more information on the credit, see the instructions for Form 8910.

Alternative Fuel Vehicle Refueling Property Credit

You may be able to take a credit if you place qualified alternative fuel vehicle refueling property in service in 2011.

Qualified alternative fuel vehicle refueling property.   Qualified alternative fuel vehicle refueling property is any property (other than a building or its structural components) used to store or dispense alternative fuel into the fuel tank of a motor vehicle propelled by the fuel, but only if the storage or dispensing is at the point where the fuel is delivered into the tank.

  The following are alternative fuels.
  • Any fuel at least 85% of the volume of which consists of one or more of the following: ethanol, natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, or hydrogen.

  • Any mixture which consists of two or more of the following: biodiesel, diesel fuel, or kerosene, and at least 20% of the volume of which consists of biodiesel determined without regard to any kerosene.

  • Electricity.

Amount of the credit.   For personal use property, the credit is generally the smaller of 30% of the property's cost or $1,000. For business use property, the credit is generally the smaller of 30% of the property's cost or $30,000. The higher credit rate and limits that applied for 2009 and 2010 have ended.

How to take the credit.   To take the credit, you must complete Form 8911 and attach it to your Form 1040. Include the credit in your total for Form 1040, line 53. Check box c and enter “8911” on the line next to that box.

More information.   For more information on the credit, see the instructions for Form 8911.

Credit to Holders of Tax Credit Bonds

Tax credit bonds are bonds in which the holder receives a tax credit in lieu of some or all of the interest on the bond.

You may be able to take a credit if you are a holder of one of the following bonds.

  • Clean renewable energy bonds (issued before 2010).

  • New clean renewable energy bonds.

  • Qualified energy conservation bonds.

  • Midwestern tax credit bonds.

  • Qualified forestry conservation bonds.

  • Qualified school construction bonds.

  • Qualified zone academy bonds.

  • Build America bonds.

In some instances, an issuer may elect to receive a credit for interest paid on the bond. If the issuer makes this election, you cannot also claim a credit.

Interest income.   The amount of any tax credit allowed (figured before applying tax liability limits) must be included as interest income on your tax return.

How to take the credit.   Complete Form 8912 and attach it to your Form 1040. Include the credit in your total for Form 1040, line 53. Check box c, and enter “8912” on the line next to that box.

More information.   For more information, see the instructions for Form 8912.

Foreign Tax Credit

You generally can choose to take income taxes you paid or accrued during the year to a foreign country or U.S. possession as a credit against your U.S. income tax. Or, you can deduct them as an itemized deduction (see chapter 22).

You cannot take a credit (or deduction) for foreign income taxes paid on income that you exclude from U.S. tax under any of the following.

  1. Foreign earned income exclusion.

  2. Foreign housing exclusion.

  3. Income from Puerto Rico exempt from U.S. tax.

  4. Possession exclusion.

Limit on the credit.   Unless you can elect not to file Form 1116 (see Exception , later), your foreign tax credit cannot be more than your U.S. tax liability (Form 1040, line 44), multiplied by a fraction. The numerator of the fraction is your taxable income from sources outside the United States. The denominator is your total taxable income from U.S. and foreign sources. See Publication 514 for more information.

How to take the credit.   Complete Form 1116 and attach it to your Form 1040. Enter the credit on Form 1040, line 47.

Exception.   You do not have to complete Form 1116 to take the credit if all of the following apply.
  1. All of your gross foreign source income was from interest and dividends and all of that income and the foreign tax paid on it were reported to you on Form 1099-INT, Form 1099-DIV, or Schedule K-1 (or substitute statement).

  2. If you had dividend income from shares of stock, you held those shares for at least 16 days.

  3. You are not filing Form 4563 or excluding income from sources within Puerto Rico.

  4. The total of your foreign taxes was not more than $300 (not more than $600 if married filing jointly).

  5. All of your foreign taxes were:

    1. Legally owed and not eligible for a refund, and

    2. Paid to countries that are recognized by the United States and do not support terrorism.

More information.   For more information on the credit and these requirements, see the instructions for Form 1116.

Mortgage Interest Credit

The mortgage interest credit is intended to help lower-income individuals own a home. If you qualify, you can take the credit each year for part of the home mortgage interest you pay.

Who qualifies.   You may be eligible for the credit if you were issued a qualified mortgage credit certificate (MCC) from your state or local government. Generally, an MCC is issued only in connection with a new mortgage for the purchase of your main home.

Amount of credit.   Figure your credit on Form 8396. If your mortgage loan amount is equal to (or smaller than) the certified indebtedness (loan) amount shown on your MCC, enter on Form 8396, line 1, all the interest you paid on your mortgage during the year.

  If your mortgage loan amount is larger than the certified indebtedness amount shown on your MCC, you can figure the credit on only part of the interest you paid. To find the amount to enter on line 1, multiply the total interest you paid during the year on your mortgage by the following fraction.

  
  Certified indebtedness amount on your MCC  
  Original amount of your mortgage  

Limit based on credit rate.   If the certificate credit rate is more than 20%, the credit you are allowed cannot be more than $2,000. If two or more persons (other than a married couple filing a joint return) hold an interest in the home to which the MCC relates, this $2,000 limit must be divided based on the interest held by each person. See Publication 530 for more information.

Carryforward.   Your credit (after applying the limit based on the credit rate) is also subject to a limit based on your tax that is figured using Form 8396. If your allowable credit is reduced because of this tax liability limit, you can carry forward the unused portion of the credit to the next 3 years or until used, whichever comes first.

  If you are subject to the $2,000 limit because your certificate credit rate is more than 20%, you cannot carry forward any amount more than $2,000 (or your share of the $2,000 if you must divide the credit).

How to take the credit.    Figure your 2011 credit and any carryforward to 2012 on Form 8396, and attach it to your Form 1040. Be sure to include any credit carryforward from 2008, 2009, and 2010.

  Include the credit in your total for Form 1040, line 53. Check box c on that line and enter “8396” in the space next to that box.

Reduced home mortgage interest deduction.   If you itemize your deductions on Schedule A (Form 1040), you must reduce your home mortgage interest deduction by the amount of the mortgage interest credit shown on Form 8396, line 3. You must do this even if part of that amount is to be carried forward to 2012. For more information about the home mortgage interest deduction, see chapter 23.

Recapture of federal mortgage subsidy.   If you received an MCC with your mortgage loan, you may have to recapture (pay back) all or part of the benefit you received from that program. The recapture may be required if you sell or dispose of your home at a gain during the first 9 years after the date you closed your mortgage loan. See chapter 15 for more information.

More information.   For more information on the credit, see the instructions for Form 8828.

Nonrefundable Credit for Prior Year Minimum Tax

The tax laws give special treatment to some kinds of income and allow special deductions and credits for some kinds of expenses. If you benefit from these laws, you may have to pay at least a minimum amount of tax in addition to any other tax on these items. This is called the alternative minimum tax.

The special treatment of some items of income and expenses only allows you to postpone paying tax until a later year. If in prior years you paid alternative minimum tax because of these tax postponement items, you may be able to take a credit for prior year minimum tax against your current year's regular tax.

You may be able to take a credit against your regular tax if for 2010 you had:

  • An alternative minimum tax liability and adjustments or preferences other than exclusion items,

  • A minimum tax credit that you are carrying forward to 2011, or

  • An unallowed qualified electric vehicle credit.

Refundable credit.   If you had a minimum tax credit carryforward to 2009 (on your 2008 Form 8801, line 31), you may qualify for a refund of that credit amount. For more information, see Refundable Credit for Prior Year Minimum Tax , later.

How to take the credit.    Figure your 2011 nonrefundable credit (if any), and any carryforward to 2012 on Form 8801, and attach it to your Form 1040. Include the credit in your total for Form 1040, line 53, and check box b. You can carry forward any unused credit for prior year minimum tax to later years until it is completely used.

More information.   For more information on the credit, see the instructions for Form 8801.

Plug-in Electric Drive Motor Vehicle Credit

You may be able to take this credit if you placed in service for business or personal use a qualified plug-in electric drive motor vehicle in 2011.

Generally, you can rely on the manufacturer's certification that a vehicle qualifies for the credit. In the case of a foreign manufacturer, you generally can rely on its domestic distributor's certification.

Amount of credit.   The amount of the credit varies depending on the battery capacity and ranges from $2,500 to $7,500 per vehicle.

Qualified vehicle.   A qualified plug-in electric drive motor vehicle is a motor vehicle the original use of which starts with you and that:
  1. Has at least four wheels,

  2. Is acquired for your use or to lease to others and not for resale,

  3. Is made by a manufacturer,

  4. Is manufactured primarily for use on public streets, roads, and highways,

  5. Has a gross vehicle weight of less than 14,000 pounds,

  6. Is a motor vehicle for purposes of the Clean Air Act, and

  7. Is propelled to a significant extent by an electric motor that draws electricity from a battery that:

    1. Has a capacity of at least 4 kilowatt hours, and

    2. Is capable of being recharged from an external source of electricity.

How to take the credit.   To take the credit, you must complete Form 8936 and attach it to your Form 1040. Include the credit in your total for Form 1040, line 53. Check box c and enter “8936” on the line next to that box.

More information.   For more information on the credit, see the instructions for Form 8936.

Plug-in Electric Vehicle Credit

You may be able to take this credit if you acquired a qualified plug-in electric vehicle in 2011. For this credit, the vehicle can have 2, 3, or 4 wheels. A vehicle with 4 wheels must be a low speed vehicle.

Generally, you can rely on the manufacturer's certification that a vehicle qualifies for the credit. In the case of a foreign manufacturer, you generally can rely on its domestic distributor's certification.

Amount of credit.   The credit is 10% of the cost of the vehicle, limited to $2,500 per vehicle.

Qualified vehicle.   A qualified plug-in electric vehicle is a motor vehicle the original use of which starts with you and that:
  1. Is acquired for your use or to lease to others and not for resale,

  2. Is made by a manufacturer,

  3. Is manufactured primarily for use on public streets, roads, and highways,

  4. Has a gross vehicle weight rating of less than 3,000 pounds if it has 4 wheels or less than 14,000 pounds if it has 2 or 3 wheels,

  5. Is a low speed vehicle if it has 4 wheels, and

  6. Is propelled to a significant extent by an electric motor that draws electricity from a battery that:

    1. Has a capacity of at least 4 kilowatt hours (2.5 kilowatt hours in the case of a vehicle with 2 or 3 wheels), and

    2. Can be recharged from an external source of electricity.

How to take the credit.   To take the credit, you must complete Form 8834 and attach it to your Form 1040. Include the credit in your total for Form 1040, line 53. Check box c and enter “8834” on the line next to that box.

More information.   For more information on the credit, see the instructions for Form 8834.

Residential Energy Credits

You may be able to take one or both of the following credits if you made energy saving improvements to your home located in the United States in 2011.

  • Nonbusiness energy property credit.

  • Residential energy efficient property credit.

If you are a member of a condominium management association for a condominium you own or a tenant-stockholder in a cooperative housing corporation, you are treated as having paid your proportionate share of any costs of the association or corporation for purposes of these credits.

Nonbusiness energy property credit.   You may be able to take a credit equal to the sum of:
  1. 10% of the amount paid or incurred for qualified energy efficiency improvements installed during 2011, and

  2. Any residential energy property costs paid or incurred in 2011.

  There is a lifetime limit of $500 for all years after 2005, of which only $200 can be for windows; $50 for any advanced main air circulating fan; $150 for any qualified natural gas, propane, or oil furnace or hot water boiler; and $300 for any item of energy efficient building property.

  
If the total of nonbusiness energy property credits you have taken in previous years (after 2005) is more than $500, you cannot take this credit in 2011.

Qualified energy efficiency improvements are the following improvements that are new, can be expected to remain in use at least 5 years, and meet certain requirements for energy efficiency.

  • Any insulation material or system that is specifically and primarily designed to reduce heat loss or gain of a home.

  • Exterior windows (including skylights).

  • Exterior doors.

  • Any metal or asphalt roof that has appropriate pigmented coatings or cooling granules specifically and primarily designed to reduce heat gain of the home.

Residential energy property is any of the following.

  • Certain electric heat pump water heaters; electric heat pumps; central air conditioners; natural gas, propane, or oil water heaters; and stoves that use biomass fuel.

  • Qualified natural gas, propane, or oil furnaces; and qualified natural gas, propane, or oil hot water boilers.

  • Certain advanced main air circulating fans used in natural gas, propane, or oil furnaces.

Residential energy efficient property credit.   You may be able to take a credit of 30% of your costs of qualified solar electric property, solar water heating property, fuel cell property, small wind energy property, and geothermal heat pump property. The credit amount for costs paid for qualified fuel cell property is limited to $500 for each one-half kilowatt of capacity of the property.

Basis reduction.   You must reduce the basis of your home by the amount of any credit allowed.

How to take the credit.   Complete Form 5695 and attach it to your Form 1040. Enter the credit on Form 1040, line 52.

More information.   For more information on this credit, see the instructions for Form 5695.

Retirement Savings Contributions Credit (Saver's Credit)

You may be able to take this credit if you, or your spouse if filing jointly, made:

  • Contributions (other than rollover contributions) to a traditional or Roth IRA,

  • Elective deferrals to a 401(k) or 403(b) plan (including designated Roth contributions) or to a governmental 457, SEP, or SIMPLE plan,

  • Voluntary employee contributions to a qualified retirement plan (including the federal Thrift Savings Plan), or

  • Contributions to a 501(c)(18)(D) plan.

However, you cannot take the credit if either of the following applies.

  1. The amount on Form 1040, line 38, or Form 1040A, line 22, is more than $28,250 ($42,375 if head of household; $56,500 if married filing jointly).

  2. The person(s) who made the qualified contribution or elective deferral (a) was born after January 1, 1994, (b) is claimed as a dependent on someone else's 2011 tax return, or (c) was a student (defined next).

Student.   You were a student if during any part of 5 calendar months of 2011 you:
  • Were enrolled as a full-time student at a school, or

  • Took a full-time, on-farm training course given by a school or a state, county, or local government agency.

School.   A school includes a technical, trade, or mechanical school. It does not include an on-the-job training course, correspondence school, or school offering courses only through the Internet.

How to take the credit.   Figure the credit on Form 8880. Enter the credit on your Form 1040, line 50, or your Form 1040A, line 32, and attach Form 8880 to your return.

More information.   For more information on the credit, see the instructions for Form 8880.

Refundable Credits

The credits discussed in this part of the chapter are treated as payments of tax. If the total of these credits, withheld federal income tax, and estimated tax payments is more than your total tax, the excess can be refunded to you.

Adoption Credit

You may be able to take a tax credit of up to $13,360 for qualified expenses paid to adopt an eligible child. The credit may be allowed for the adoption of a child with special needs even if you do not have any qualified expenses.

If your modified adjusted gross income (AGI) is more than $185,210, your credit is reduced. If your modified AGI is $225,210 or more, you cannot take the credit.

Qualified adoption expenses.   Qualified adoption expenses are reasonable and necessary expenses directly related to, and whose principal purpose is for, the legal adoption of an eligible child. These expenses include:
  • Adoption fees,

  • Court costs,

  • Attorney fees,

  • Travel expenses (including amounts spent for meals and lodging) while away from home, and

  • Re-adoption expenses to adopt a foreign child.

.

Nonqualified expenses.   Qualified adoption expenses do not include expenses:
  • That violate state or federal law,

  • For carrying out any surrogate parenting arrangement,

  • For the adoption of your spouse's child,

  • For which you received funds under any federal, state, or local program,

  • Allowed as a credit or deduction under any other federal income tax rule, or

  • Paid or reimbursed by your employer or any other person or organization.

Eligible child.   The term “eligible child” means any individual:
  • Under 18 years old, or

  • Physically or mentally incapable of caring for himself or herself.

Child with special needs.   An eligible child is a child with special needs if all three of the following apply.
  1. The child was a citizen or resident of the United States (including U.S. possessions) at the time the adoption process began.

  2. A state (including the District of Columbia) has determined that the child cannot or should not be returned to his or her parents' home.

  3. The state has determined that the child will not be adopted unless assistance is provided to the adoptive parents. Factors used by states to make this determination include:

    1. The child's ethnic background,

    2. The child's age,

    3. Whether the child is a member of a minority or sibling group, and

    4. Whether the child has a medical condition or a physical, mental, or emotional handicap.

When to take the credit.   Generally, until the adoption becomes final, you take the credit in the year after your qualified expenses were paid or incurred. If the adoption becomes final, you take the credit in the year your expenses were paid or incurred. See the instructions for Form 8839 for more specific information on when to take the credit.

Foreign child.   If the child is not a U.S. citizen or resident at the time the adoption process began, you cannot take the credit unless the adoption becomes final. You treat all adoption expenses paid or incurred in years before the adoption becomes final as paid or incurred in the year it becomes final.

Substantiation requirements.   You must include a copy of one or more adoption-related documents with your return to claim the credit.

Adoption finalized in the United States.   For a domestic or foreign adoption finalized in the United States, you must provide a copy of an adoption order or decree.

Domestic adoptions that are not final.   For domestic adoptions that are not final, you must include an adoption taxpayer identification number, obtained for the child, on your tax return or provide a copy of one of the following documents.
  1. A home study completed by an authorized placement agency.

  2. A placement agreement with an authorized placement agency.

  3. A document signed by a hospital official authorizing the release of a newborn child from the hospital to you for legal adoption.

  4. A court document ordering or approving the placement of a child with you for legal adoption.

  5. An original affidavit or notarized statement, signed under penalties of perjury, from an adoption attorney, government official, or other person, stating that he or she (a) placed or is placing a child with you for legal adoption or (b) is facilitating the adoption process for you in an official capacity.

Adoptions of special needs children.   If you are adopting a special needs child, you also must attach a copy of the state determination of special needs to your tax return.

How to take the credit.   To take the credit, you must complete Form 8839 and attach it and your adoption-related documents to your Form 1040. Include the credit in your total for Form 1040, line 71, and check box b on that line.

More information.   For more information, including what documents to include for adoptions finalized outside of the United States, see the instructions for Form 8839.

Credit for Tax on Undistributed Capital Gain

You must include in your income any amounts that regulated investment companies (commonly called mutual funds) or real estate investment trusts (REITs) allocated to you as capital gain distributions, even if you did not actually receive them. If the mutual fund or REIT paid a tax on the capital gain, you are allowed a credit for the tax since it is considered paid by you. The mutual fund or REIT will send you Form 2439 showing your share of the undistributed capital gains and the tax paid, if any. Take the credit for the tax paid by entering the amount on Form 1040, line 71, and checking box a. Attach Copy B of Form 2439 to your return.

More information.   See Capital Gain Distributions in chapter 8 for more information on undistributed capital gains.

First-Time Homebuyer Credit

For most people, this credit is not available for homes purchased in 2011. Members of the uniformed services or Foreign Service and employees of the intelligence community may still be able to claim the credit.

In general, you can claim the credit only if you meet all three of the following requirements.

  1. You (or your spouse if married) are, or were, a member of the uniformed services or Foreign Service or an employee of the intelligence community and were on qualified official extended duty for at least 90 days during the period beginning after December 31, 2008, and ending before May 1, 2010.

  2. You bought a main home in the United States:

    1. After December 31, 2010, and before May 1, 2011, or

    2. After April 30, 2011, and before July 1, 2011, and you entered into a binding contract before May 1, 2011, to buy the home before July 1, 2011.

  3. You (and your spouse if married) did not own any other main home during the 3-year period ending on the date of purchase.

Special rule for long-time residents of same main home.   Even if your are not a first-time homebuyer, you may be able to claim the credit if you meet all three of the following requirements.
  1. You (or your spouse if married) are, or were, a member of the uniformed services or Foreign Service or an employee of the intelligence community and were on qualified official extended duty for at least 90 days during the period beginning after December 31, 2008, and ending before May 1, 2010.

  2. You bought your main home in the United States:

    1. After December 31, 2010, and before May 1, 2011, or

    2. After April 30, 2011, and before July 1, 2011, and you entered into a binding contract before May 1, 2011, to buy the home before July 1, 2011.

  3. You (and your spouse if married) previously owned and used the same main home as your main home for any 5 consecutive year period during the 8-year period ending on the date of purchase of the main home described in (2).

Main home.   Your main home is the one you live in most of the time. It can be a house, houseboat, mobile home, cooperative apartment, or condominium.

Home constructed by you.   If you constructed your main home, you are treated as having bought it on the date you first occupied it.

Who cannot claim the credit   You cannot claim the credit if any of the following apply.
  1. The purchase price of the home is more than $800,000.

  2. Your modified adjusted gross income is $145,000 or more ($245,000 or more if married filing jointly).

  3. You can be claimed as a dependent on another person's tax return.

  4. You (and your spouse if married) were under age 18 when you bought the home.

  5. You are a nonresident alien.

  6. Your home is located outside the United States.

  7. Neither you nor your spouse (if married) was on qualified official extended duty outside the United States as a member of the uniformed services or Foreign Service or an employee of the intelligence community for at least 90 days during the period beginning after December 31, 2008, and ending before May 1, 2010.

  8. You acquired the home by gift or inheritance.

  9. You acquired your home from a related person. A related person includes:

    1. Your spouse, ancestors (parents, grandparents, etc.), or lineal descendants (children, grandchildren, etc.),

    2. A corporation in which you directly or indirectly own more than 50% in value of the outstanding stock of the corporation, and

    3. A partnership in which you directly or indirectly own more than 50% of the capital interest or profits interest.

    For more information about related persons, see Nondeductible Loss in chapter 2 of Publication 544, Sales and Other Dispositions of Assets. When determining whether you acquired your main home from a related person, family members in that discussion include only the people mentioned in 9a, earlier.

  10. You acquired your home from a person related to your spouse. This includes your spouse's ancestors or lineal descendants (for example your parents-in-law or your stepchildren), and any relationships described in 9b or 9c that your spouse has.

Amount of the credit.   Generally, the credit is the smaller of:
  • $8,000 ($4,000 if married filing separately), or

  • 10% of the purchase price of the home.

  However, if the Special rule for long-time residents of same main home described earlier applies, the credit can be no more than $6,500 ($3,250 if married filing separately).

  You are allowed the full amount of the credit if your modified adjusted gross income (MAGI) is $125,000 or less ($225,000 or less if married filing jointly). The phase-out of the credit begins when your MAGI exceeds $125,000 ($225,000 if married filing jointly). The credit is eliminated completely when your MAGI reaches $145,000 ($245,000 if married filing jointly).

Modified adjusted gross income (MAGI).   Your MAGI is the amount from Form 1040, line 38, increased by the total of any:
  • Exclusion of income from Puerto Rico, and

  • Amount from Form 2555, line 45 and line 50; Form 2555-EZ, line 18; and Form 4563, line 15.

Repayment of credit.   If you bought the home after 2008, you generally must repay the credit if you dispose of the home or the home stops being your main home within the 36-month period beginning on the purchase date. This includes situations where you sell the home, you convert it to business or rental property, the home is destroyed, condemned, or disposed of under threat of condemnation, or the lender forecloses on the mortgage. You repay the credit by including it as additional tax on the return for the year the home stops being your main home. If the home continues to be your main home for at least 36 months beginning on the purchase date, you do not have to repay any of the credit.

  If you and your spouse claim the credit on a joint return, each spouse is treated as having been allowed half of the credit for purposes of repaying the credit.

Exceptions.   The following are exceptions to the repayment rule.
  • If you sell the home to someone who is not related to you, the repayment in the year of sale is limited to the amount of gain on the sale. (See item 9 earlier under Who cannot claim the credit for the definition of a related person.) When figuring the gain, reduce the adjusted basis of the home by the amount of the credit.

  • If the home is destroyed, condemned, or disposed of under threat of condemnation, and you acquire a new main home within 2 years of the event, you do not have to repay the credit.

  • If, as part of a divorce settlement, the home is transferred to a spouse or former spouse, the spouse who receives the home is responsible for repaying the credit if required.

  • If you die, repayment of the credit is not required. If you file a joint return and then you die, your surviving spouse must repay his or her half of the credit if required.

  • In some cases, there is an exception for members of the uniformed services or Foreign Service and for intelligence community employees.

Home bought in 2008.   If you claimed the credit for a home you bought in 2008, you generally must have begun repaying it on your 2010 return. You must continue repaying it with your 2011 tax return. In addition, you generally must repay any credit you claimed for a home you bought in 2008 if you sold the home in 2011 or the home stopped being your main home in 2011. However, you do not have to repay the credit if one of the exceptions to the repayment rule applies.

How to take the credit.   To take the credit, complete Form 5405 and attach it to your Form 1040. Enter your credit on Form 1040, line 67. Attach a copy of your settlement statement.

How to repay the credit.   If you are required to repay the credit, complete Parts III and IV of Form 5405. You may have to complete Part V as well. Attach the form to your Form 1040. Include the repayment on Form 1040, line 59b

  If you bought the home in 2008 and owned and used it as your main home for all of 2011, you can enter your 2011 repayment directly on Form 1040, line 59b, without attaching Form 5405.

More information.   For more information, see Form 5405 and its instructions.

Health Coverage Tax Credit

Note.

If you received any advance (monthly) payments in March through December 2011, you are eligible to receive an additional 7.5% retroactive credit. For details, see Form 8885 and instructions.

You may be able to take this credit for any month in which all the following statements were true on the first day of the month.

  • You were an eligible trade adjustment assistance (TAA) recipient, alternative TAA (ATAA) recipient, reemployment TAA (RTAA) recipient, or Pension Benefit Guaranty Corporation (PBGC) pension recipient (defined later); or you were a qualified family member of one of these individuals when the individual died or you finalized a divorce with one of these individuals.

  • You and/or your family members were covered by a qualified health insurance plan for which you paid the entire premiums, or your portion of the premiums, directly to your health plan or to “U.S. Treasury–HCTC”).

  • You were not enrolled in Medicare Part A, B, or C, or you were enrolled in Medicare but your family member(s) qualified for the HCTC.

  • You were not enrolled in Medicaid or the Children's Health Insurance Program (CHIP).

  • You were not enrolled in the Federal Employees Health Benefits program (FEHBP) or eligible to receive benefits under the U.S. military health system (TRICARE).

  • You were not imprisoned under federal, state, or local authority.

  • Your employer did not pay 50% or more of the cost of coverage.

  • You did not receive a 65% COBRA premium reduction from your former employer or COBRA administrator.

But, you cannot take the credit if you can be claimed as a dependent on someone else's 2011 tax return. If you meet all of these conditions, you may be able to claim the tax credit for amounts you paid directly to a qualified health plan for you and any qualifying family members. The tax credit is 80% for payments made in January and February; the tax credit is 72.5% for payments made in March through December. You cannot take the credit for insurance premiums on coverage that was actually paid for with a National Emergency Grant. The amount you paid for qualified health insurance coverage must be reduced by any Archer MSA and health savings account distributions used to pay for the coverage.

You can take this credit on your tax return or have it paid on your behalf in advance to your insurance company. If the credit is paid on your behalf in advance, that amount will reduce the amount of the credit you can take on your tax return.

TAA recipient.   You were an eligible TAA recipient on the first day of the month if, for any day in that month or the prior month, you:
  • Received a trade readjustment allowance, or

  • Would have been entitled to receive such an allowance except that you had not exhausted all rights to any unemployment insurance (except additional compensation that is funded by a state and is not reimbursed from any federal funds) to which you were entitled (or would be entitled if you applied).

Example.

You received a trade adjustment allowance for January 2011. You were an eligible TAA recipient on the first day of January and February.

Alternative TAA recipient.   You were an eligible alternative TAA recipient on the first day of the month if, for that month or the prior month, you received benefits under an alternative trade adjustment assistance program for older workers established by the Department of Labor.

Example.

You received benefits under an alternative trade adjustment assistance program for older workers for October 2011. The program was established by the Department of Labor. You were an eligible alternative TAA recipient on the first day of October and November.

RTAA recipient.   You were an eligible RTAA recipient on the first day of the month if, for that month or the prior month, you received benefits under a reemployment trade adjustment assistance program for older workers established by the Department of Labor.

PBGC pension recipient.   You were an eligible PBGC pension recipient on the first day of the month, if both of the following apply.
  1. You were age 55 or older on the first day of the month.

  2. You received a benefit for that month paid by the PBGC under title IV of the Employee Retirement Income Security Act of 1974 (ERISA).

If you received a lump-sum payment from the PBGC after August 5, 2002, you meet item (2) above for any month that you would have received a PBGC benefit if you had not received the lump-sum payment.

How to take the credit and the additional 7.5% retroactive credit.   To take the credit(s), complete Form 8885 and attach it to your Form 1040. Include your credit in the total for Form 1040, line 71, and check box d.

  You must attach health insurance bills (or COBRA payment coupons) and proof of payment for any amounts you include on Form 8885, line 2. For details, see Publication 502 or Form 8885.

More information.   For definitions and special rules, including those relating to qualified health insurance plans, qualifying family members, the effect of certain life events, and employer-sponsored health insurance plans, see Publication 502 and the instructions for Form 8885.

Refundable Credit for Prior Year Minimum Tax

If you paid the alternative minimum tax for 2010 or you had a minimum tax credit carryforward to 2011, you may be able to take a credit for prior year minimum tax. For information about the nonrefundable credit for prior year minimum tax you may be able to take, see Nonrefundable Credit for Prior Year Minimum Tax , earlier. However, for 2011, you may qualify for a refundable credit for prior year minimum tax if you had a minimum tax credit carryforward to 2009 (on your 2008 Form 8801, line 31) and you have not used all of that carryforward, even if the total amount of your current year credit is more than your total tax liability. To figure the amount of any 2011 refundable credit, complete Part IV of Form 8801. Include any refundable credit on Form 1040, line 71, and check box c.

Credit for Excess Social Security Tax or Railroad Retirement Tax Withheld

Most employers must withhold social security tax from your wages. If you work for a railroad employer, that employer must withhold tier 1 railroad retirement (RRTA) tax and tier 2 RRTA tax.

If you worked for two or more employers in 2011, you may have had too much social security or tier 1 RRTA tax withheld from your pay. You can claim the excess social security or tier 1 RRTA tax as a credit against your income tax. The following table shows the maximum amount of wages subject to tax and the maximum amount of tax that should have been withheld for 2011.

Type of tax Maximum  
wages 
subject to tax
Maximum tax 
that should 
have been 
withheld
Social security or 
RRTA tier 1
$106,800 $4,485.60
RRTA tier 2 $79,200 $3,088.80

All wages are subject to Medicare tax withholding. 

Use Form 843, Claim for Refund and Request for Abatement, to claim a refund of excess tier 2 RRTA tax. Be sure to attach a copy of all of your W-2 forms. Use Worksheet 3-3 in Publication 505, Tax Withholding and Estimated Tax, to help you figure the excess amount.

Employer's error.   If any one employer withheld too much social security or tier 1 RRTA tax, you cannot take the excess as a credit against your income tax. The employer should adjust the tax for you. If the employer does not adjust the overcollection, you can file a claim for refund using Form 843.

Joint return.   If you are filing a joint return, you cannot add the social security or tier 1 RRTA tax withheld from your spouse's wages to the amount withheld from your wages. Figure the withholding separately for you and your spouse to determine if either of you has excess withholding.

How to figure the credit if you did not work for a railroad.   If you did not work for a railroad during 2011, figure the credit as follows:
1. Add all social security tax withheld (but not more than $4,485.60 for each employer). Enter the total  
here
 
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 60  
3. Add lines 1 and 2. If $4,485.60 or less, stop here. You cannot take  
the credit
 
4. Social security tax limit 4,485.60
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 69 (or Form 1040A, line 41)  

Example.

You are married and file a joint return with your spouse who had no gross income in 2011. During 2011, you worked for the Brown Technology Company and earned $60,000 in wages. Social security tax of $2,520 was withheld. You also worked for another employer in 2011 and earned $55,000 in wages. $2,310 of social security tax was withheld from these wages. Because you worked for more than one employer and your total wages were more than $106,800, you can take a credit of $344.40 for the excess social security tax withheld.

1. Add all social security tax withheld (but not more than $4,485.60 for each employer). Enter the total  
here
$4,830.00
2. Enter any uncollected social security tax on tips or group-term life insurance included in the total on Form 1040, line 60 -0-
3. Add lines 1 and 2. If $4,485.60 or less, stop here. You cannot take the credit 4,830.00
4. Social security tax limit 4,485.60
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 69 (or Form 1040A, line 41) $344.40

How to figure the credit if you worked for a railroad.   If you were a railroad employee at any time during 2011, figure the credit as follows:
1. Add all social security and tier 1 RRTA tax withheld (but not more than $4,485.60 for each employer). Enter the total here  
2. Enter any uncollected social security and tier 1 RRTA tax on tips or group-term life insurance included in the total on Form 1040, line 60  
3. Add lines 1 and 2. If $4,485.60 or less, stop here. You cannot take  
the credit
 
4. Social security and tier 1 RRTA  
tax limit
4,485.60
5. Credit. Subtract line 4 from line 3. Enter the result here and on Form 1040, line 69 (or Form 1040A, line 41)  

How to take the credit.   Enter the credit on Form 1040, line 69, or include it in the total for Form 1040A, line 41.

More information.   For more information on the credit, see Publication 505.