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Can I buy a house with an IRS payment plan?

By AAA Capital Funding, Inc.Reviewed by Jason J. Sarji, NMLS #374700Updated October 21, 20263 min read
Short answerYes. FHA approves a buyer who owes federal taxes once an IRS installment agreement is in place and at least three scheduled payments have been made on time, and the monthly payment counts as a debt. USDA also wants three on-time payments, VA accepts a written repayment agreement, and Conventional loans through Fannie Mae can count the payment with no minimum number of payments when no federal tax lien has been filed.

What blocks a mortgage is federal tax debt with no agreement in place. HUD Handbook 4000.1 makes borrowers with delinquent federal tax debt ineligible for FHA, and an installment agreement, the IRS's monthly payment plan, is the fix. Florida has no state income tax, so for most Florida buyers the only tax debt in question is federal.

The rule program by program

ProgramWhat's required with an IRS installment agreement
FHAA valid repayment agreement, at least three scheduled payments made on time, and no prepaying to reach three. The payment counts in your ratios. If a tax lien was filed, the IRS has to subordinate it to the FHA mortgage
Conventional (Fannie Mae)A copy of the approved agreement showing the monthly payment, plus proof you're current, such as the latest IRS payment reminder. A pending agreement works with a copy of the application. No Notice of Federal Tax Lien can be filed in the county where the home is, or the balance must be paid off
VAFederal debts must be paid in full or under a written repayment agreement
USDAA repayment plan approved by the IRS with at least three timely payments made

The FHA language comes from HUD Handbook 4000.1 as quoted by HUD's Inspector General, and the rest comes from Fannie Mae's Selling Guide, VA's credit standards and USDA's HB-1-3555. Every program counts the monthly IRS payment as a debt in the debt-to-income ratio, the share of gross monthly income that goes to the house payment and other debts.

A worked example in Pinellas County

A buyer had a strong year of side work and owes the IRS $9,600. The installment agreement sets a $210 monthly payment, and four payments have been made on time. Income is $6,100 a month, and there's a $340 car payment.

Here's a $320,000 single-family home with FHA at 3.5% down and a 5.75% rate on a 30-year fixed, taxes at 0.95% of the price and insurance at $275 a month:

Payment pieceAmount
Down payment (3.5%)$11,200
Total loan with 1.75% upfront MIP$314,204.00
Principal and interest$1,833.61
Monthly mortgage insurance (0.55% a year)$141.53
Property taxes$253.33
Homeowners insurance$275.00
Total payment$2,503.47

The house payment is 41.0% of income. Adding the $340 car and the $210 IRS payment brings the total ratio to 50.1%. Both are inside FHA's 46.9% and 56.9% limits for an automated approval, so the buyer can close with the plan still running.

Paying the $9,600 off instead would lower the total ratio to 46.6%, and it would also use most of the cash that covers the $11,200 down payment. When the ratios already work, keeping the plan and putting savings toward the home usually leaves the buyer in better shape on closing day.

Timing when the agreement is new

FHA and USDA count months, so the date of your first payment sets the earliest closing. If the first payment went out last month, the third on-time payment lands two months from now, and FHA can close after that. A Conventional loan can move sooner when no lien has been filed, since Fannie Mae doesn't require a set number of payments.

Paperwork that keeps the approval moving

  • The agreement itself. The IRS letter showing the balance, the monthly payment and the terms.
  • Proof of payments. Bank statements showing each payment clearing, or the most recent IRS payment reminder showing the last amount paid.
  • A lien check. A Notice of Federal Tax Lien recorded in the county turns up in the title search, so search the county's official records for your name before you apply.
  • Filed returns. Lenders usually confirm income with IRS tax transcripts, so every required return should be filed.

If you haven't set up the plan yet, the IRS lets you apply for one online. Then run your income, your car payment and the IRS payment through the DTI calculator. When the third payment clears, call AAA Capital Funding at 888-601-8344 and we'll have the approval ready to go.

Terms on this page: Debt-to-income ratio, Back-end ratio, Title search, Underwriting conditions

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What buyers ask next

Can I pay three months ahead to qualify for FHA sooner?
No. HUD says a borrower can't prepay scheduled payments to meet the three-month minimum, so the three payments have to be made on schedule, one month at a time.
What if the IRS already filed a tax lien?
FHA can still work when you're on a valid agreement with three on-time payments and the IRS agrees to subordinate the lien, meaning it agrees to stand behind the new mortgage. For a Conventional loan, Fannie Mae requires the debt paid in full when a Notice of Federal Tax Lien has been filed in the county where the home is.
Will a pending installment agreement work?
For a Conventional loan, yes, with a copy of the application showing the monthly payment. FHA and USDA need an approved agreement with three on-time payments already made.

Sources

  1. HUD OIG Audit Report 2019-KC-0003, quoting HUD Handbook 4000.1 on delinquent federal tax debt
  2. Fannie Mae Selling Guide B3-6-05, Monthly Debt Obligations
  3. Fannie Mae Selling Guide B3-6-07, Debts Paid Off At or Prior to Closing
  4. USDA HB-1-3555 Chapter 10, Credit Analysis
  5. VA Home Loans, Credit Standards
  6. IRS, Payment plans (installment agreements)

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