I separated from my husband in Sept. 2008 and bought a house by myself in Oct. 2008. Is there any way I can get the $8000 tax credit?

Asked by Annette Phillips, 22849 Fri Jan 8, 2010

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Cwb4skins75, , Bridgewater, VA
Sun May 16, 2010
You should give me a call, my brother is a CPA and accounting is his life! Plus it would be great to see you again and I would love to catch up. It's been a little since the old Furniture Warehouse days, but if you remember that tall, skinny, goofy looking guy then you should look me up, in Bridgewater now and seriously my brother could help you on that question. Hope to hear from you even if you solved it already. :)
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Don Tepper, Agent, Burke, VA
Fri Jan 8, 2010
I'm not an accountant, so this isn't accounting advice. For that, please consult with an accountant. However . . .

If both you and your husband otherwise qualify, yes. Here's what the IRS says:
S6. I have been estranged from my spouse for over three years and file married filing separate. I don’t know if my spouse has owned a main home in the last three years, but I have not. If I buy a house in 2009 that otherwise qualifies for the first-time homebuyer credit, can I claim the credit?

A. Section 36(c)(1) requires that the taxpayer and the taxpayer's spouse not have an ownership interest in a principal residence within the three years prior to the date of purchase. While individuals do not have to be married to get the credit, marriage (and legal separation) imputes ownership of a previous home upon the other spouse. If your spouse has not owned a main home in the last three years, then you may claim the credit.
That's at http://www.irs.gov/newsroom/article/0,,id=206294,00.html

Be sure to verify that with your accountant.
0 votes
The Monson C…, , Portland, OR
Fri Jan 8, 2010
You should definitely speak with a CPA.

It's unlikely you will qualify for the $8000 first time buyers credit, but there is a new $6500 credit for those who've owned their home for 5 years or more and have sold it to purchase another home.

The Monson Corcoran Group, Inc
Office: 503-775-4699 Ext 156
Cell: 503-267-9221 or 503-729-4321

John L. Scott Real Estate -
0 votes
Bob Sendel, Agent, East Islip, NY
Fri Jan 8, 2010
An accountant is your best bet and we'd need more info for our opinions. Did you own a home in prior three years with your husband? Regardless, the tax credit you may have qualified for was the $7500 1st time home buyer credit that pre-dated the current $8000 tax credit. There's income qualifications that must be met as well. Try Googling $7500 Tax Credit.

Web Reference:  http://www.bobsendel.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Fri Jan 8, 2010
Speak to your tax consultant for an accurate answer regarding qualifications and IRS codes.

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