North Dakota Nesties
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Anyone a CPA?

DH and I are meeting with our tax lady again tomorrow evening to call the IRS regarding the first time home buyers credit.  I qualify for the 1st time credit but DH doesn't.  We weren't married when we built the house and we filed a joint tax return.  DH found a note on the 5405 instructions page that seems to lead us to believe we'd get the full $8k but the tax lady thinks we'll only get half since as a single individual he didn't qualify. 

The note says "If you were unmarried when you purchased your home and qualified for the credit, then married someone who does not qualify for the credit, and are claiming the credit for the year in which you were married, you can do one of the following...you can claim up to an $8k credit on a joint return".  Our main taxes are already completed and she is now doing an amendment (not sure if that makes any difference).

Do we qualify for the full $8k or do I only get to claim half?

Re: Anyone a CPA?

  • I'm not a CPA but this "then married someone who does not qualify for the credit" leads me to believe who would only qualify if you owned the house alone.  I assume both of your names are on the house?  We were told we didn't qualify as a couple because I have already purchased a home.  We looked into DH buying a house alone before we were married to get the credit.
  • Good news! We called the IRS tonight with our tax lady and according to them I do qualify. I can only claim half of the credit since I have 50% ownership.  Yay!  Now we can afford our babymoon cruise when DH returns!!!
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