The California 3528 A form is an application used for the New Home Credit, specifically designed for sellers of newly constructed homes that have never been occupied. This form is crucial for those looking to certify the sale of such properties and claim tax credits associated with the transaction. If you are a seller in California, consider filling out the form by clicking the button below.
The California Form 3528-A, known as the Application for New Home Credit, is designed for individuals selling newly constructed homes that have never been occupied. This form is essential for sellers who wish to certify the eligibility of the property for a tax credit under California law. The process begins with the seller completing Part I, which includes providing their name, identification numbers, and the address of the property being sold. They must also affirm that the home is a single-family residence that has not been previously occupied. Following this, the escrow details are filled out in Part II, where the seller must provide information such as the escrow number, the date the escrow closed, and the total purchase price of the property. Importantly, the seller must indicate whether all buyers will be living in the home as their principal residence, which affects the calculation of the credit amount. In Part III, the buyers provide their information, confirming their intent to occupy the home for at least two years. The form ultimately facilitates a tax credit that can significantly reduce the buyers' tax liabilities, capped at $10,000 or 5% of the purchase price, depending on the circumstances. Proper completion and timely submission of this form are crucial for both sellers and buyers to ensure they receive the intended benefits.
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
Instructions for 3528-A
General Information
The FTB may request documentation to
residence is made, on a timely filed original
A
Purpose
ensure the parties have complied with the
return. If the available credit exceeds the
requirements of the credit under Revenue and
current year net tax, the unused credit may not
Use form FTB 3528-A, Application for New
Taxation Code (R&TC) Section 17059.
be carried over to the following year.
Home Credit, if you are a seller of a new home
The credit must be apportioned equally for
F Filing Form FTB 3528-A
which has never been occupied and are selling
two married taxpayers filing separate tax
The escrow person will FAX a copy of the form
to any individual who purchases the residence
returns, even if their ownership percentage
on or after March 1, 2009, and before March 1,
is not equal. For two or more taxpayers who
FTB 3528-A to the FTB and send one copy to
2010. The seller must first complete Part I of
are not married, the credit shall be allocated
the buyer within one week after the close of
form FTB 3528-A, certifying that the home
among the taxpayers who will occupy the
escrow. If a seller has several buyers, send
has never been occupied, and provide a copy
home as their principal residence using their
only one application per FAX.
to the buyer or escrow person. The buyer will
percentage of ownership in the property. The
Do not mail the form.
complete the rest of form FTB 3528-A. The
total amount of the credits allocated to all of
FTB’s FAX Number is 916.845.9754
escrow person will FAX the completed form
these taxpayers shall not exceed ten thousand
The FAX number will be disconnected once the
FTB 3528-A to the Franchise Tax Board (FTB)
dollars ($10,000).
$100,000,000 total allocation amount has been
within one week of the close of escrow, at
C
Definitions
reached. Do not use any other FAX number.
916.845.9754, and provide a copy to the buyer.
The copy received from the seller or escrow
A “qualified principal residence” means a
Applications sent to any other FTB FAX number
will not be be processed.
person does not constitute an allocation of
single-family residence, whether detached or
We will post a notice on our website at
the credit to the Buyer; instead the Buyer will
attached, that has never been occupied and
receive confirmation from the FTB certifying
is purchased to be the principal residence of
ftb.ca.gov when the credit has been fully
the allocation of tax credit. The Buyer cannot
the taxpayer for a minimum of two years and
allocated.
claim this credit unless they receive an
is eligible for the property tax homeowner’s
For more information, contact Withholding
allocation of the credit from the FTB.
exemption.
Services and Compliance at:
Upon receipt of form FTB 3528-A, the FTB will
• Types of residence: Any of the following can
888.792.4900
allocate the credit on a first-come first-served
qualify if it is your principal residence and
916.845.4900 (not toll-free)
basis. The total amount of credit that may
is subject to property tax, whether real or
be allocated by the FTB must not exceed one
personal property: a single family residence,
Specific Instructions
hundred million dollars ($100,000,000).
a condominium, a unit in a cooperative
Part I – Seller’s Certification
Registered Domestic Partner – For purposes
project, a houseboat, a manufactured home,
or a mobile home.
Enter the name, address, and identification
of California income tax, references to a
• Owner-built property: A home constructed
spouse, a husband, or a wife also refer to a
number of the seller. If the seller is an
California Registered Domestic Partner (RDP),
by an owner-taxpayer is not eligible for the
individual, enter the SSN or ITIN. If the seller
unless otherwise specified.
New Home Credit because the home has not
is a corporation or partnership, enter the FEIN
Round Cents to Dollars – Round cents to the
been “purchased.”
or CA Corporation number. If the seller is a
“One week” means a 7 calendar day period. We
Limited Liability Company (LLC), enter the
nearest whole dollar. For example, round $50.50
Secretary of State (SOS) file number. Include
up to $51 or round $25.49 down to $25.
will count the day after escrow closes as the
the Private Mail Box (PMB) in the address
first full day.
B
Qualifications
field. Write “PMB” first, then the box number.
Example: Escrow closes March 1, 2009. We
California allows a credit against net tax equal
Example: 111 Main Street PMB 123.
will accept an application filed March 1, 2009
Enter the address of the property sold,
to the lesser of 5% (.05) of the purchase
through March 8, 2009.
price of the qualified principal residence or ten
A “qualified buyer” is an individual who
including parcel number and county.
thousand dollars ($10,000).
Complete the Seller’s Certification, sign and date.
purchases a single-family residence, whether
The credit shall be:
detached or attached, and intends to live in the
Part II – Escrow Information
•
Allocated for the purchase of only one
qualified principal residence for a minimum of
Line 1 – Escrow Number
qualified principal residence with respect to
two years.
Enter the escrow number for the property
any taxpayer.
“Total purchase price” is the price before
purchased, if any.
• Claimed only on a timely filed return,
reduction of ownership percentage.
Line 2 – Date Escrow Closed
including returns filed on extension.
“Qualified purchase price” is the price after
Applied in equal amounts over the three
Enter the date escrow closed. Complete the
reduction of the non-qualifed buyers ownership
successive taxable years beginning with
escrow information including the escrow
percentage.
the taxable year in which the purchase of
company name, contact person, and telephone
“Purchase date” is the date escrow closes.
the qualified principal residence is made
number.
(maximum of $3,333 per year.)
D
Limitations
Line 3 – Total Purchase Price
The credit will not be allocated:
The credit cannot reduce regular tax below
Enter the total purchase price of the property.
If there is more than one buyer, this amount is
If the residence has been previously
the tentative minimum tax (TMT). This credit
the total paid by all buyers.
occupied.
cannot be carried over.
Line 4
• If the taxpayer does not intend to take
This credit is nonrefundable.
occupancy of the principal residence for at
Check whether all of the buyers will be living
least two years immediately following the
E
Claiming the Credit
in the home as their principal residence.
purchase.
The credit is applied against the net tax in equal
Disregard any buyers on title for incidental
• If the application is not received within one
purposes who do not have an ownership
amounts (1/3 each year) over three successive
week after the close of escrow.
interest. Check the applicable box. If Yes, go to
taxable years, beginning with the taxable year
in which the purchase of the qualified principal
line 5. If No, go to line 6 of the instructions.
FTB 3528-A Instructions 2009 (REV.2 03-09) Page 1
Line 5
Do not complete line 5 if you checked No on line 4.
Enter 5% (.05) of the Total Purchase Price, from line 3, or $10,000, whichever is less. This is the total credit amount. Do not complete line 6 or line 7. Go to the instructions for Part III, Qualified Buyer’s Information, on Page 2.
Example:
Total Purchase Price . . . . . . . . . . . $250,000 X 5%
$12,500
Since $12,500 is greater than the maximum credit amount of $10,000, the total credit amount is $10,000.
Line 6
To compute line 6, first complete Part III, Qualified Buyer’s Information, on Side 2 of the form, for each qualified buyer. However, do not complete the Buyer’s Individual Credit amount. This will be computed and entered after completing line 6 and line 7 of form FTB 3528-A. Do not enter information for buyer(s) on the Qualified Buyer’s Information schedule who will not be living in the home as a principal residence for at least two years.
After completing the Qualified Buyer’s Information (except for the Buyer’s Individual Credit), compute the Qualified Purchase Price.
Qualiied Purchase Price
Compute the Total Qualified Ownership Percentage by adding the Ownership Percentage for each Qualified Buyer from Part III of the form.
Multiply the Total Qualified Ownership Percentage by the Total Purchase Price amount from line 3 on Side 1 of the form. This is the Qualified Purchase Price. Enter this amount on Line 6. See the following example.
The Total Purchase Price on line 3 is $180,000. There is one non-qualified buyer who will not occupy the home as a principal residence and whose 10% ownership percentage will not be
Example: Buyer 1
included. There are three Qualified Buyers with the following listed Ownership Percentages:
Qualiied Buyer
Ownership
Percentage
Buyer 1
50.00%
Buyer 2
20.00%
Buyer 3
Total Qualiied
90.00%
Multiply the Total Purchase Price from line 3 by the Total Qualified Ownership Percentage, to compute the Qualified Purchase Price.
Total Purchase Price . . . . . . . . . . $180,000 Total Qualified Ownership
Percentage . . . . . . . . . . . . . . . X 90%
Qualified Purchase Price . . . . . . . . $162,000
The Qualiied Purchase Price entered on line 6 would be $162,000.
Line 7
Enter 5% (.05) of the Qualified Purchase Price amount from line 6, or $10,000, whichever is less.
This is the total credit amount.
Qualified Purchase Price . . . . . . . $162,000
Total Qualified Ownership
Percentage . . . . . . . . . . . . . . . . X 5%
Total Credit Amount . . . . . . . . . . . . . $8,100
Part III – Qualified Buyer’s Information
Complete Part III, Qualified Buyer’s Information, on Side 2 of the Form, for each qualified buyer. If there are more than three qualified buyers, attach additional copies of Side 2 of form
FTB 3528-A, as necessary. If the buyer is on title as a grantor or revocable trust, enter the first name, middle initial, and last name of the grantor(s). Do not include buyers who are on title for incidental purposes and do not have an ownership interest. The example at the
bottom of the page shows how a married/RDP couple would complete the Qualified Buyer’s Information.
Computing the Individual Credit Amount
If Yes is checked on line 4:
For each qualified buyer, multiply the Buyer’s Ownership Percentage by the Total Credit Amount, on line 5. Enter the Individual Credit amount in Part III, in the repsective Buyer’s Individual Credit box for each qualified buyer.
If No is checked on line 4:
Compute the Individual Credit for each Qualified Buyer using the following formula:
Individual
Ownership Percentage
X Total credit amount
Total Qualified
Enter the Individual Credit amount in Part III, in the respective Buyer’s Individual Credit box for each Qualified Buyer. Round your credit to the nearest whole dollar.
There are three Qualified Buyers with the following Ownership Percentages:
Buyer 1 (a married couple): 50%
Buyer 2 (a single person): 20%
Buyer 3 (a single person): 20%
The Total Qualified Ownership Percentage is 90% (50%+20%+20%). The total credit from line 7 is $8,100. The individual credit amount for each buyer will be:
Buyer 1: (50% / 90%) x $8,100 = $4,500
Buyer 2: (20% / 90%) x $8,100 = $1,800
Buyer 3: (20% / 90%) x $8,100 = $1,800 Total credit amount = $8,100
The total credit can never be more than $10,000. If allocated, Buyer 1 will take a $1,500 credit for each of the next three years. Buyer 2 and Buyer 3 will take a $600 credit each for each of the next three years. The example below shows how Buyer 1 would complete the Qualified Buyer’s Information.
Initial Buyer’s Last Name
H
U
S
N
X B
Y
R
- 4
- 6
5
8
9
______ 5_____
0_____
• 0 0 %_____ _____
4
0
W
I
F
X
( 5 5 5 ) 5 5 5
- 5 5 5 5
B U Y E R V I L L E
C A 1 2 3 4 5- 1 2 3 4
Page 2 FTB 3528-A Instructions 2009 (REV.2 03-09)
California Department of Health Care Services - Providers are advised to read all instructions carefully when completing the DHCS 6207 to ensure compliance.
5329 Instructions - Allows for the detailed accounting of employee-centric credits, underpinning the state's focus on job creation and workforce development in underutilized economic areas.