Sunday, November 15th, 2009

Homebuyer Tax Credit and Unmarried Coowners?

Homebuyer tax credit
Johnny K asked:


An unmarried couple, consisting of “Jack” and “Jill” buy a home together. Jack does not qualify as a first-time homebuyer. Jill does qualify as a first-time homebuyer.

Can Jill claim the full amount of the first-time homebuyer tax credit?
Thanks v b. I’ve been digging all morning for details on this question and hadn’t come across definitive.

For anyone else out there, here is the example as quoted in IRS Notice 2009-12:

Example 4.
A and B each contributes $50,000 towards the $100,000 purchase price of a
residence and owns a one-half interest in the residence as tenants in common. Under
§ 36(b)(1)(A), the allowable credit is not $10,000 (10 percent of the purchase price) but
is limited to $7,500. However, B is not a first-time homebuyer within the meaning of
§ 36(c)(1). Therefore, no portion of the credit may be allocated to B because B is not
eligible to claim any portion of the credit. A may claim the entire allowable $7,500

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One Response to “Homebuyer Tax Credit and Unmarried Coowners?”

v b Says:

Surprisingly, yes.

See IRS Notice 2009-12.

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