General Instructions

Table of Contents

Section references are to the Internal Revenue Code unless otherwise noted.

Purpose of Form

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.

Federal Mortgage Subsidy

You have a federal mortgage subsidy if you received either of the following benefits.

  • A mortgage loan (including a qualified rehabilitation loan) that had a lower interest rate than was usually charged because it was funded from a tax-exempt qualified mortgage bond (QMB) issue.

  • A mortgage credit certificate (MCC) with your mortgage loan that you could use to reduce your federal income taxes.

You may also have a federal mortgage subsidy if, when you bought your home, either:

  1. You assumed the seller's obligation on a QMB-funded loan, provided that you were qualified to obtain a loan from the proceeds of a QMB, or

  2. The seller's MCC was transferred to you with the approval of the issuer and both the following apply:

    1. You met the eligibility requirements needed to get an MCC, and

    2. The issuer of the MCC issued you a replacement MCC.

Recapture Tax

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.

Who Must File

You must file this form if all of the following apply. (For exceptions, see Special Rules on this page.)

  • You sold or otherwise disposed of your home (whether or not you realized a gain).

  • Your original mortgage loan was provided after December 31, 1990.

  • You received a federal mortgage subsidy (see Federal Mortgage Subsidy earlier).

When and Where To File

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.

Special Rules

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:

  • It is incident to divorce, and

  • No gain or loss was included in or deducted from income on your return.

  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:

  • There were at least 20 years between the date of the building's first use and the date rehabilitation began,

  • A certain percentage of the walls and framework was retained in place,

  • The rehabilitation costs amounted to 25 percent or more of your adjusted basis in the building after the rehabilitation, and

  • You were the first occupant of the home after the rehabilitation was completed.

  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.

Home improvement loan.

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.

  1. The issuer reissues an MCC to replace your existing MCC, which can be the original MCC, an MCC issued to a transferee under Regulations section 1.25-3(p), or an MCC previously reissued under the refinancing provisions.

  2. The reissued MCC takes effect beginning with the date you refinanced your home (refinancing closing date).

  3. The reissued MCC:

    1. Applies to the same property as your existing MCC,

    2. Replaces entirely your existing MCC,

    3. Specifies a mortgage debt that does not exceed the outstanding debt balance on your existing MCC,

    4. Does not increase the certificate credit rate specified on the existing MCC, and

    5. Does not increase the allowable credit under your existing certificate for any tax year.

Repayment of the loan.   Your holding period percentage (line 20) may be reduced (see the line 20 instructions) if you:

  • Repay your loan in full or refinance other than with reissuance of an MCC (as described earlier) within the first 4 years after the closing date of your original loan, and

  • Sell or dispose of your home later during the 9-year recapture period.

  Other special rules may apply in certain cases. See section 143(m).

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