The California 3528 A form is an application for the New Home Credit, specifically designed for sellers of newly constructed homes that have never been occupied. This form helps sellers certify the sale of a qualified principal residence and allows buyers to claim a tax credit. If you are ready to fill out the form, click the button below to get started.
The California 3528 A form, officially known as the Application for New Home Credit, is a crucial document for sellers and buyers involved in the sale of newly constructed homes that have never been occupied. This form is specifically designed for transactions occurring between March 1, 2009, and March 1, 2010, and it facilitates the application for a tax credit aimed at promoting home ownership. The seller must complete Part I, which includes certifying that the property is a single-family residence that has not been previously occupied. Essential details such as the seller's name, address, and identification numbers must be clearly printed. Following the seller's certification, the buyer completes Part II, providing escrow information, including the total purchase price and whether all buyers will reside in the home as their principal residence. The form also outlines how the credit amount is calculated, capped at either 5% of the total purchase price or $10,000, whichever is less. Additionally, Part III gathers information about the qualified buyers, ensuring they meet the criteria to claim the credit, including a commitment to occupy the home for at least two years. Given the potential financial benefits tied to this credit, it is imperative for both sellers and buyers to understand the form's requirements and ensure timely submission to the Franchise Tax Board.
TAXABLE YEARCALIFORNIA FORM
2009
Application for New Home Credit
3528-A
Part I Seller’s Certiication (Important: Use this form only with the sale of a home that has never been occupied)
PRINT CLEARLY
Seller’s Name
FEIN or CA Corp no.
Secretary of State (SOS) ile number
SSN or ITIN
-
Address (including suite, room, PO Box, or PMB no.)
City
State
ZIP Code
Address of Property Sold
Perjury Statement
Parcel Number
County
State ZIP Code
Under penalties of perjury, I hereby certify that the property is a single family residence that has never been previously occupied. I certify that the information provided above is, to the best of my knowledge, true and correct.
Seller’s Signature: ___________________________________________________________________________ Date:_________________________
Seller’s Contact Name: _____________________________________________________ Telephone Number (________) ________ -______________
Part II Escrow Information
1
Escrow Number
I1 ____________________
2
Date Escrow Closed
I2 ____________________
MM / DD / YYYY
Escrow Company Name _______________________________________________________________________
Contact Person ______________________________________________________________________________
Contact Person Telephone Number (_____) _____-______
3
Total Purchase Price
. . . . . . . . . . . . . . . . . . . . . . . . . . . I3
00
4Will all the buyers be living in the home as their principal residence? Check applicable box. If Yes, go to line 5.
If No, skip line 5 and see line 6 instructions
. . . . . . . . . . . . .
mYes m No
5.
Enter 5% (.05) of the Total Purchase Price (line 3) or $10,000, whichever is less. This is the total credit amount
I5
Do not complete Line 6 or Line 7 if you checked Yes to Line 4.
6
Enter the Qualified Purchase Price. See instructions
I6
7
Enter 5% (.05) of the Qualified Purchase Price (line 6) or $10,000, whichever is less. This is the total credit amount . . .
I7
FAX completed Form (Side 1 and Side 2) to: 916.845.9754
For Privacy Notice, get form FTB 1131.
8161093
FTB 3528-A C2 2009 (REV.2 03-09) Side 1
Part III Qualiied Buyer’s Information
Escrow Number: __________________________
By completing and signing, the Buyer is acknowledging that he/she is purchasing a single family residence in which he/she intends to live for a minimum of two years as his/her principal residence and which is eligible for the homeowner’s exemption under R&TC Section 218.
Buyer 1.
Buyer’s First Name
Initial
Buyer’s Last Name
Buyer’s SSN or ITIN
* Buyer’s Ownership Percent
Buyer’s Individual Credit
______ _____ _____ • _____ _____%
$
.00
Spouse’s/RDP’s First Name (if applicable)
Spouse’s/RDP’s Last Name
Spouse’s/RDP’s SSN or ITIN
Buyer’s Telephone Number
( __________ ) __________ – _______________________
Mailing Address
Zip Code
Buyer’s Signature
Date
Spouse/s/RDP’s Signature (if applicable)
Buyer 2.
State Zip Code
Buyer 3.
* Married/RDP couples are considered to be one buyer. If married/RDP, enter the combined percentage in the Buyer’s Ownership Percent field.
Side 2 FTB 3528-A C2 2009 (REV.2 03-09)
8162093
Filling out the California 3528 A form requires careful attention to detail. This form is essential for sellers of new homes that have never been occupied. Once completed, the seller will submit the form to the Franchise Tax Board (FTB) to facilitate the allocation of tax credits for the buyers. The process involves several steps that ensure all necessary information is accurately provided.
Once all sections are completed, the escrow person will fax the entire form to the FTB at 916.845.9754. A copy should also be provided to the buyer within one week after the close of escrow. Ensure that all information is accurate to avoid any delays in processing.
The California 3528 A form, officially known as the Application for New Home Credit, is used by sellers of new homes that have never been occupied. This form is essential for individuals who are selling such properties and wish to certify the sale for tax credit purposes under California law.
This form should be used by sellers of single-family residences that have never been previously occupied. If you are selling a new home and want to apply for a tax credit, you must complete this form. Buyers will also need to complete part of the form to claim their credit.
To complete the California 3528 A form, you will need to provide the following information:
The tax credit is calculated as the lesser of 5% of the total purchase price or $10,000. If all buyers will live in the home as their principal residence, the credit is straightforward. If not, you will need to calculate the qualified purchase price based on the ownership percentages of those who will occupy the home.
If the home has been previously occupied, it is not eligible for the New Home Credit. The seller must certify that the property has never been occupied to qualify for the credit. If this statement is false, serious penalties could apply.
The completed California 3528 A form must be submitted via fax to the Franchise Tax Board (FTB) within one week of the close of escrow. Timeliness is crucial, as late submissions may disqualify the credit.
No, the tax credit cannot be carried over to future years. It must be claimed in the year the purchase is made, and if the available credit exceeds the current year’s net tax, the unused credit will not be carried forward.
In cases with multiple buyers, the credit will be allocated based on each buyer's ownership percentage. If there are more than three qualified buyers, additional copies of the buyer information section must be attached to the form.
If you have further questions about the California 3528 A form or the New Home Credit, it is advisable to contact the Franchise Tax Board directly. They can provide guidance specific to your situation and help ensure you complete the form correctly.
Incomplete Information: Many individuals fail to fill out all required fields, such as the seller's name, address, or identification numbers. Missing information can lead to delays or denials of the application.
Incorrect Identification Numbers: Using the wrong identification number, whether it’s a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or Federal Employer Identification Number (FEIN), can cause significant issues. It's crucial to double-check these numbers for accuracy.
Property Not Eligible: Some applicants mistakenly certify that the property has never been occupied when it actually has. This misrepresentation can lead to serious legal consequences.
Failing to Sign: An overlooked detail is the necessity of a signature. Without a signature on the form, it will not be processed, resulting in the loss of the potential tax credit.
Ignoring the Timeline: Applicants often submit their forms late. The form must be faxed to the Franchise Tax Board (FTB) within one week of the close of escrow. Missing this deadline can result in disqualification.
Misunderstanding Ownership Percentages: Incorrectly calculating the ownership percentages can lead to erroneous credit amounts. Each buyer's ownership must be accurately reflected to ensure proper allocation of the credit.
Not Following Instructions: Skipping over the detailed instructions provided can lead to mistakes. Each section of the form has specific requirements that must be followed closely.
Submitting Multiple Applications: Some sellers mistakenly send multiple applications for the same property. This can confuse the processing system and result in delays or denials.
The California Form 3528-A is utilized for claiming the New Home Credit for the sale of a new home that has never been occupied. When completing this form, several other documents may also be necessary to ensure compliance with state regulations. Below is a list of five important forms and documents often used alongside the California 3528-A form.
These documents collectively support the proper execution of the California Form 3528-A and facilitate a smooth transaction process for all parties involved. Understanding each document's purpose can help ensure compliance and protect the interests of both buyers and sellers.
The California Form 540 is similar to the California 3528 A form in that both documents are used for tax purposes. Form 540 is the California Resident Income Tax Return, which individuals use to report their income and calculate their tax liability. Like the 3528 A form, it requires personal information, including Social Security numbers and addresses. Both forms also involve a certification process, where the taxpayer certifies the accuracy of the information provided. However, while Form 540 is a comprehensive income tax return, the 3528 A focuses specifically on claiming a tax credit for new home purchases.
The California Form 3506, the Child and Dependent Care Expenses Credit, shares similarities with the 3528 A form as both are tax credit application forms. Form 3506 allows taxpayers to claim a credit for expenses incurred for the care of children or dependents. Similar to the 3528 A, it requires information about the taxpayer, including identification numbers and income details. Both forms necessitate a certification of accuracy, ensuring that the claims made are truthful. While Form 3506 pertains to care expenses, the 3528 A is centered around home purchase credits.
The California Form 540NR is another document akin to the 3528 A form, specifically for non-residents or part-year residents. Like the 3528 A, it is used to report tax information and claim credits. Both forms require personal details and a declaration of the accuracy of the information. Form 540NR is tailored for individuals who do not meet the residency requirements but still have California-source income. In contrast, the 3528 A is exclusively for sellers and buyers of new homes that have never been occupied.
The IRS Form 8862, the Information to Claim Earned Income Credit After Disallowance, is similar to the California 3528 A form in that both require a certification process. Form 8862 is used by taxpayers who have had their Earned Income Credit disallowed in previous years and wish to claim it again. It requires personal information and a declaration of truthfulness, akin to the certification in the 3528 A form. However, while the 8862 focuses on earned income credits, the 3528 A is specifically for home purchase credits.
Lastly, the California Form 588, the Nonresident Withholding Waiver Request, is comparable to the 3528 A in that both are used in real estate transactions. Form 588 is utilized to request a waiver of withholding for non-residents selling California real estate. Similar to the 3528 A, it requires detailed information about the property and the parties involved. Both forms also necessitate a certification that the information provided is accurate. However, while Form 588 addresses withholding issues, the 3528 A focuses on the new home credit for buyers and sellers.
When filling out the California 3528 A form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn't do:
Understanding the California 3528 A form is crucial for anyone involved in the sale or purchase of a new home that has never been occupied. However, several misconceptions can cloud the process. Here are eight common misunderstandings about this form:
By clearing up these misconceptions, you can navigate the California 3528 A form process with greater confidence and accuracy. Always consult the latest guidelines or a tax professional for the most current information and personalized advice.
When navigating the California Form 3528-A, several essential points stand out that can simplify the process for both sellers and buyers of new homes. Here are some key takeaways: