UPDATE 1-Hovnanian says can carry back 2009 expected loss

* Can carry back loss five years

* Hovnanian shares unchanged

SEATTLE, Nov 10 (Reuters) - U.S. homebuilder Hovnanian Enterprises Inc (HOV.N) said on Tuesday that it can carry back an anticipated 2009 loss five years to previously profitable years due to an expected change in tax legislation.

Hovnanian said it expects to record a tax benefit in the first quarter of fiscal 2010. It also anticipates getting a federal income tax cash refund of about $250 million to $275 million in the second quarter of 2010, the company said in a statement.

Its shares were unchanged at $4.19 in early Tuesday afternoon trading on the New York Stock Exchange. (Reporting by Aarthi Sivaraman; Editing by Tim Dobbyn)