8828

Recapture of Federal Mortgage Subsidy

Agency
IRS
Revision
Rev. November 2024
Fillable fields
33
Pages
1
Official source
IRS form page
Checked
October 21, 2026
Fill 8828 online
Page 1 of form 8828

Form 8828: Recapture of Federal Mortgage Subsidy

The IRS says to use Form 8828 to figure and report the recapture tax on the mortgage subsidy if you sold or otherwise disposed of your federally subsidized home. The form covers two kinds of federal subsidy on a home loan: a mortgage loan from the proceeds of a tax-exempt bond, and a mortgage credit certificate. The form says that if neither applies, there is no recapture tax on the sale or other disposition of the home and the form is not completed.

Part I describes the home and the subsidized loan: the property address, the issuer, the original lender and the key dates. Part II computes the recapture tax from the gain on the sale, the filer's income and the federally subsidized amount. The tax on line 23 is also included on Schedule 2 (Form 1040), line 17b, and the form is attached to the tax return.

You can fill out Form 8828 free in your browser on this page and download the result without an account.

Top of page 1 of Form 8828: Recapture of Federal Mortgage Subsidy, as printed by IRS

What's on Form 8828

Part I, lines 1 to 4

Property address, the type of federal subsidy, the bond or certificate issuer (state, political subdivision, agency), and the name and address of the original lending institution.

Lines 5 to 8: dates

Closing date of the original loan, date of sale or disposition, the years and full months between them, and the date of full repayment of the original loan.

Part II, lines 9 to 14: gain

Sales price, expenses of sale, amount realized, adjusted basis, gain or loss, and the gain multiplied by 50% (.50).

Lines 15 to 18: income

Modified adjusted gross income, adjusted qualifying income, the difference between them, and the income percentage.

Lines 19 to 23: recapture

Federally subsidized amount, holding period percentage, recapture amount, and the tax, which is the smaller of line 14 or line 22.

How to fill out Form 8828

  1. 1

    Name and SSN

    Enter the name(s) and the social security number as shown on page 1 of the tax return.

  2. 2

    Lines 1 to 4

    Enter the property address, check box 2a or 2b for the type of subsidy, then enter the issuer and the name and address of the original lending institution.

  3. 3

    Lines 5 to 8

    Enter the original closing date, the sale or disposition date, the years and full months between them, and the date of full repayment, including a refinancing other than one for which a replacement mortgage credit certificate was issued.

  4. 4

    Lines 9 to 14

    Subtract expenses of sale from the sales price, subtract the adjusted basis to get the gain or loss, and multiply the gain by 50% (.50). If line 13 is a loss, the form says to stop there.

  5. 5

    Lines 15 to 18

    Subtract adjusted qualifying income from modified adjusted gross income. If line 17 is $5,000 or more, enter 100 on line 18. Otherwise divide line 17 by $5,000 and round to the nearest whole percentage.

  6. 6

    Lines 19 to 23

    Multiply the federally subsidized amount by the holding period percentage, then by the income percentage. Enter the smaller of line 14 or line 22 on line 23 and include it on Schedule 2 (Form 1040), line 17b.

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Where it goes and what to check

Attach to the tax return

The form says to attach it to your tax return. Lines 13 and 17 say to attach it to Form 1040 even when no recapture tax is owed.

Where the tax goes

Line 23 says to include the tax on Schedule 2 (Form 1040), line 17b.

Lines that refer to the instructions

Lines 8, 9, 12, 15, 16, 19 and 20 say to see the instructions. The form points to www.irs.gov/Form8828 for instructions and the latest information.

Refinanced homes

If box 2b is checked, the home was refinanced and a reissued mortgage credit certificate was received, the form points to Refinancing your home on page 1 of the instructions.

Who uses Form 8828?

  • Owners who sold a subsidized home

    The About page says the form is used if you sold or otherwise disposed of your federally subsidized home.

  • Loans from tax-exempt bond proceeds

    Line 2a covers a mortgage loan from the proceeds of a tax-exempt bond.

  • Mortgage credit certificate holders

    Line 2b covers a mortgage credit certificate. The form points to the instructions when the home was refinanced and a reissued mortgage credit certificate was received.

  • Not for loans closed before 1991

    The form says that if the original loan closed before January 1, 1991, recapture tax does not apply and the form is not completed.

  • Sales with no gain

    If line 13 shows a loss, or line 17 is zero or less, the form says to stop, attach the form to Form 1040, and that no recapture tax is owed.

The form is completed by the taxpayer who sold or otherwise disposed of a home with a federally subsidized loan, and is attached to that taxpayer's return.

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Questions about Form 8828

What is Form 8828 used for?

The About page says to use it to figure and report the recapture tax on the mortgage subsidy if you sold or otherwise disposed of your federally subsidized home.

What counts as a federal subsidy on this form?

Line 2 lists two: a mortgage loan from the proceeds of a tax-exempt bond, and a mortgage credit certificate. The form says that if neither applies, there is no recapture tax and the form is not completed.

Does recapture apply to older loans?

The form says that if the date of closing of the loan was before January 1, 1991, recapture tax does not apply.

What if the home sold at a loss?

Line 13 says to stop there and attach the form to Form 1040, and that no recapture tax is owed.

Where is the recapture tax reported?

Line 23 says to include it on Schedule 2 (Form 1040), line 17b.

How is the income percentage on line 18 figured?

The form says to enter 100 if line 17 is $5,000 or more. Otherwise divide line 17 by $5,000 and round to the nearest whole percentage.