Jeff-
It's not just if you own a home in the 3 years prior to the purchase date of the new home, it's if the home you previously owned was your main residence "most of the time", according to the new revision of IRS form 5405, revised in February 2009.
The following is excerpted from the form:
Who Can Claim the Credit (2008 & 2009)
In general, you can claim the credit if you are a first-time
homebuyer.
You are considered a first-time homebuyer if:
You purchased your main home located in the United
States after April 8, 2008, and before December 1, 2009.
You (and your spouse if married) did not own any other
*main home* during the 3-year period ending on the date of
purchase.
Main home.
Your main home is the one you live in most
of the time. It can be a house, houseboat, housetrailer,
cooperative apartment, condominium, or other type of
residence.
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There are many other rules that apply to the credit, including that the home you claim the credit on cannot have been purchased from a relative.
Read the form at IRS.gov :
http://www.irs.gov/pub/irs-pdf/f5405.pdf
Hope this helps to clear up some of the many misunderstandings of this credit. -Lynn
- Thu Mar 12 2009, 22:38