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Official form guide
Form 8828: Recapture of Federal Mortgage Subsidy
IRS Form 8828 is the Recapture of Federal Mortgage Subsidy form that calculates and reports the recapture tax when a homeowner sells or otherwise disposes of a federally subsidized home. It must be filed by anyone whose original mortgage was issued after Dec 31 1990 and who received a federal mortgage subsidy.
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IRS Form 8828 - Recapture of Federal Mortgage Subsidy
IRS Form 8828 is the Recapture of Federal Mortgage Subsidy form that calculates and reports the recapture tax when a homeowner sells or otherwise disposes of a federally subsidized home. It must be filed by anyone whose original mortgage was issued after Dec 31 1990 and who received a federal mortgage subsidy.
Risk Radar
Scan points- 1Missing the filing deadline with your tax return leaves the recapture tax unreported.
- 2Failing to file Form 8828 when you sold or disposed of a subsidized home.
- 3Entering the refinancing date on line 8 for a refinanced MCC loan instead of leaving it blank.
- 4Not attaching Form 8828 to the correct Form 1040, 1040‑SR, or 1040‑NR.
- 5Reporting the total sales price instead of only the portion representing your interest on line 9.
Plain English
Form 8828 tells the IRS how much tax you must pay back because you got a special low‑interest mortgage or a mortgage credit certificate and then sold or gave away the home. It works like a worksheet that uses the sale price, commissions, and your adjusted basis to compute the recapture amount.
Submission Date
- Filing date: 2025-01-22 22:11:16
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when 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, and you received a federal mortgage subsidy.
- Do not use it when you did not receive a federal mortgage subsidy, your original mortgage loan was provided before January 1, 1991, or you are not disposing of the home.
- Check Form 1040 instead when you are filing an individual income tax return without a recapture situation.
Form selector
Use this form or another form?
Selling a federally subsidized home
Recapture tax is reported on Schedule 2 of Form 1040 after attaching Form 8828
✓ Confirm that Form 8828 is attached
Disposing of a home without a federal subsidy
No recapture tax applies, so Form 8828 is not required
✓ Verify subsidy status before filing
Giving away home to a non‑spouse
Treat the disposition as a sale at fair market value for recapture purposes and attach Form 8828
✓ Ensure fair market value is used on line 9
Deadline or filing window
The filing deadline is the due date of your individual income tax return for the year you sold or otherwise disposed of the home. You may file Form 8828 with any extension granted for that return, so the deadline follows the same extension period as the return itself.
Checklist
What you need before filling it out
Address of property (line 1)
Property address (number, street, city, state, ZIP) · Form 8828, Part I, line 1
Type of federal subsidy (line 2)
Mortgage loan from tax‑exempt bond or mortgage credit certificate · Form 8828, Part I, line 2
Sales price of interest (line 9)
Sale contract or closing statement · Form 8828, Part II, line 9
Adjusted basis (line 12)
Records of purchase price and qualified improvements · Form 8828, Part II, line 12
Tax amount (line 23)
Computed recapture tax · Form 8828, Part II, line 23
Before you submit
- 1Enter the property address on line 1 exactly as it appears on official records.
- 2Check the box on line 2 that matches your subsidy type.
- 3Provide the closing date of the original loan on line 5.
- 4Enter the repayment date on line 8, ensuring it is within four years if using the worksheet.
- 5Report the sales price on line 9 using the sale contract.
- 6Subtract expenses on line 10 and calculate the amount realized on line 11.
- 7Compute gain or loss on line 13 and multiply by 50% on line 14.
- 8Attach the completed Form 8828 to your Form 1040, 1040‑SR, or 1040‑NR before filing.
How to file this form
- 1Complete all required fields on Form 8828.
- 2Calculate the recapture tax using the worksheet and lines 14‑23.
- 3Attach Form 8828 to your Form 1040, 1040‑SR, or 1040‑NR.
- 4File the combined return with the IRS by the due date (including extensions).
- 5Retain a copy of Form 8828 and the attached return for your records.
Known limitations
- 1Do not file if the home transfer is incident to divorce and no gain or loss was reported.
- 2Do not file if neither mortgage loan from a tax‑exempt bond nor a mortgage credit certificate applies to your loan.
- 3No recapture tax—and thus no filing—if a casualty‑destroyed home is replaced on the original site within 2 years.
- 4If the original mortgage was provided on or before December 31 1990, the form does not apply.
Field map
Compact field-by-field guide
Entity Info
1 items
Name and taxpayer ID of the entity claiming the credit.
Credit Info
1 items
Type of credit or incentive being claimed.
Calculation
2 items
The base amount used to calculate the credit.
Calculated credit amount after applying formulas and limitations.
Certification
1 items
Detailed breakdown supporting the credit calculation.
Signatures
1 items
Sign and date the form.
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Fillable formOpen in Editor->Form 8828 (Rev. November 2024) is the current edition; the form directs users to www.irs.gov/Form8828 for the latest information.
What changed or needs a fresh check
- Edition date — confirm the revision reads November 2024
- Fee — Not stated in the official source
- Mailing address — Not stated in the official source
- Signature — Not stated in the official source
Quick Facts
Downloads
After you file
- 1Attach Form 8828 to your Form 1040, 1040‑SR, or 1040‑NR for the tax year in which you sold or otherwise disposed of your home.
- 2Keep the mortgage subsidy notification you received from the bond issuer or lender for your records.
- 3Keep the Holding Period Percentage Worksheet for your records.
- 4If you do not replace the home in time, you must file Form 8828 with Form 1040X, Amended U.S. return.
Sources
- SRCInstructions p.1 — filing requirement: must file if sold/disposed, loan after Dec 31 1990, and received subsidy.
- SRCInstructions p.1 — divorce transfer exception: incident to divorce with no gain/loss, do not file.
- SRCInstructions p.1 — casualty destruction: no recapture tax if replace home within 2 years on original site.
- SRCInstructions p.1 — casualty destruction: if not replace, must file Form 8828 with Form 1040X.
- SRCInstructions p.2 — refinanced MCC loan treated as extension; do not enter refinancing date on line 8.
- SRCForm p.1 — attach Form 8828 to Form 1040, 1040‑SR, or 1040‑NR for the tax year of disposition.
Common confusion points
Do I need to file Form 8828 if I gave my home to my ex‑spouse in a divorce?
The divorce transfer exception says no filing when incident to divorce with no gain/loss.
→ Verify the transfer was incident to divorce and that no gain or loss was reported on your return.
What if my home was destroyed and I rebuilt it within two years?
Casualty rule provides no recapture tax if the home is replaced on the original site within 2 years.
→ Confirm you replaced the home on the original site within the 2‑year window; then no Form 8828 is required.
My mortgage was refinanced; do I enter the refinancing date on line 8?
Instructions state a refinanced MCC loan is considered an extension and the refinancing date must not be entered.
→ Leave line 8 blank for a refinanced MCC loan.
I have both a mortgage loan from a tax‑exempt bond and a mortgage credit certificate; which box do I check?
The form provides two separate boxes, each representing a distinct type of subsidy.
→ Determine which subsidy actually provided the benefit and check that specific box only.
My original loan was before 1990; do I still have to file?
Filing requirement applies only when the original mortgage was provided after December 31 1990.
→ Verify the original loan date; if it predates 1991, you do not file Form 8828.
I sold my home but only own 50% interest; how do I report the sales price?
You must report only the part of the sales price representing your interest in the home.
→ Calculate your ownership percentage and report that portion on line 9.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- Form 1040X – use to correct a missed Form 8828 filing.
Questions about IRS Form 8828
What is IRS Form 8828 used for?
Form 8828 tells the IRS how much tax you must pay back because you got a special low‑interest mortgage or a mortgage credit certificate and then sold or gave away the home. It works like a worksheet that uses the sale price, commissions, and your adjusted basis to compute the recapture amount.
Who must file IRS Form 8828?
Anyone who sold or otherwise disposed of a home that had a federal mortgage subsidy and whose original mortgage was provided after Dec 31 1990 must file IRS Form 8828.
What information does IRS Form 8828 require?
Part I gathers the property address, lender name, and the original loan date (lines 1‑5). Part II collects the sales price of your interest (line 9), related commissions (line 10), adjusted basis (line 12) and computes the recapture tax (line 13).
When is IRS Form 8828 due?
File Form 8828 with your tax return when it’s due (including extensions).
Where do I file IRS Form 8828?
Attach Form 8828 to your Form 1040, 1040‑SR, or 1040‑NR and file it together with that return.
How do I complete IRS Form 8828?
Enter the property address on line 1, check the appropriate box on line 2, and fill in loan details on lines 3‑5. Report the sales price of your interest on line 9, add commissions on line 10, and calculate the adjusted basis on line 12. Compute the recapture tax on line 13, then attach the completed Form 8828 to your Form 1040, 1040‑SR, or 1040‑NR before filing.
Do I need to file Form 8828 if I gave my home to my ex‑spouse in a divorce?
The divorce transfer exception says no filing when incident to divorce with no gain/loss. Verify the transfer was incident to divorce and that no gain or loss was reported on your return.
What if my home was destroyed and I rebuilt it within two years?
Casualty rule provides no recapture tax if the home is replaced on the original site within 2 years. Confirm you replaced the home on the original site within the 2‑year window; then no Form 8828 is required.
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