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Old 09-10-2009, 08:22 AM   #1
attgig
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8k housing credit question

Quick question. I've searched the web, but can't find any info. If I own a house, but my fiancee doesn't, and she purchases a home, but we get married at the end of the year.... is she still elligible for the 8k credit?

thanks :-)
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Old 09-10-2009, 09:55 AM   #2
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Quote:
Originally Posted by attgig
Quick question. I've searched the web, but can't find any info. If I own a house, but my fiancee doesn't, and she purchases a home, but we get married at the end of the year.... is she still elligible for the 8k credit?

thanks :-)

That's a toughie. I owned a home in the previous 3 years but my wife did not. She was NOT able to claim the credit even if we filed separately. I'm still planning on seeking a few more opinions though because it makes no sense.

(Had I sold my prior home 3 months later I would have been eligible as well.)

Quote:
What is the definition of a first-time home buyer?
The law defines "first-time home buyer" as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse.

For example, if you have not owned a home in the past three years but your spouse has owned a principal residence, neither you nor your spouse qualifies for the first-time home buyer tax credit. However, unmarried joint purchasers may allocate the credit amount to any buyer who qualifies as a first-time buyer, such as may occur if a parent jointly purchases a home with a son or daughter. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a buyer as a first-time home buyer.
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Last edited by Prngr44 : 09-10-2009 at 09:57 AM.
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Old 09-10-2009, 09:57 AM   #3
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Get married next year.
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Old 09-11-2009, 09:45 AM   #4
attgig
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ah ha! found it!

thanks.

http://www.irs.gov/newsroom/article/...206294,00.html


S1. If a single person (Taxpayer A) qualifies as a first-time homebuyer at the time he/she purchases a home with someone (Taxpayer B) that is not a first-time homebuyer and then later that year they marry each other, is the credit still allowed?

A. Eligibility for the first-time homebuyer credit is determined on the date of purchase. If Taxpayer A, a first-time homebuyer, buys a house and then later that year marries Taxpayer B, not a first-time homebuyer, the credit is allowable to Taxpayer A. Taxpayer A may take the maximum credit.
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Old 09-11-2009, 11:48 AM   #5
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Pretty sure the house buyer and taxpayer have to be the same person. You may still have to file your taxes individually at the end of the year instead of jointly but check into that.
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