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Question

i started a 5 yr land contract back in 03' that contract ended in feb 08' i was approved by a mortage company in july of 08' to buy the house for 112,000.00 .. i was wonderng if i would qualify for the first time home buyers tax break of 08'.

Submitted: 139 days and 21 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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Posted by LEV 139 days and 20 hours ago.

Info Request

The land contract - did it include a house - or only the land?

Did that contract named you as the owner of the property? Was the title transferred? When?

 

139 days and 20 hours ago.

Reply

im assuming it was both the house and the land, the contract was in my and my mothers name. i think the title was transfered back in 03' not sure what u mean by title? the land contract ended in feb of 08' but because i was having a difficult time finding a lender i didnt close until july of 08'. thanks for your quick response Tom

Posted by LEV 139 days and 20 hours ago.

Answer

According to the IRS - see instructions for the form 5405 - http://www.irs.gov/pub/irs-pdf/f5405.pdf

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.

If the title was transferred to you - means - your was registered as an owner in the county office and the tax bill was issued on your name - you was clear an owner and was able to deduct interest paid on the land contract.

If the title was not transferred to you at that time - to determine if you was indeed the owner - the land contract should be analyzed - if the seller doesn't have a choice to cancel the sale - you are considered an owner.

According to your information you did own the home starting back to 2003 - and it seem as you do not qualify.

Sorry if you expected a different answer.

139 days and 20 hours ago.

Reply

during the 5 yrs . the tax bills never came in my name. part of my payment included paying the taxes. i can remeber early on him saying taxes went up so my payment went up. i have been claiming the house on taxes since 03 but only for interest paid. the taxes never came in my name so i guess i was paying the taxes from his name would that make a difference?

Posted by LEV 139 days and 19 hours ago.

Answer

The main question in your situation - when did you become the owner of the property.

It is impossible for me to determine without reading your land contract.

I suggest to visit a tax professional in your area and bring your land contract with you.

 

See for instance - http://www.irs.gov/newsroom/article/0,,id=206291,00.html

Q. Can a taxpayer claim the first-time homebuyer credit if the purchase is pursuant to a seller financing arrangement (for example, a contract for deed, installment land sale contract, or long-term land contract), and the seller retains legal title to secure the taxpayer's payment obligations?

A. If the taxpayer obtains the "benefits and burdens" of ownership of a residence in a seller financing arrangement, then the taxpayer can claim the credit even though the seller retains legal title. Factors that indicate that a taxpayer has the benefits and burdens of ownership include:

1. the right of possession,

2. the right to obtain legal title upon full payment of the purchase price,

3. the right to construct improvements,

4. the obligation to pay property taxes,

5. the risk of loss, 6. the responsibility to insure the property and

7. the duty to maintain the property. (New 7/2/09)

 

So - if you obtained the "benefits and burdens" of ownership of a residence back in 2003 - you are not eligible for the credit.

However if you obtained the "benefits and burdens" of ownership of a residence after April 8, 2008 - you might be eligible for a credit.

 

But if you deducted interest paid - that means you used the "benefits and burdens" of ownership - and claiming a first time home buyer's credit would be most likely questioned by the IRS.

 



Edited by LEV on 7/5/2009 at 6:40 PM

139 days and 19 hours ago.

Reply

so basically when all is said and done all i did is refinance. i thought closing meant officially bought. i closed in july of 08' so i thought i officially bought the home then. thanks so much for your time and info. last question ,would i get in any trouble or get anyone else in trouble if i at least triedm to ammend ?

 

Accepted Answer

If you incorrectly claimed the mortgage interest - you may amend your past returns and probably will have to pay back part of your tax refunds plus interest and plus penalties.

You might want to estimate the damage before making any steps.

 

But the main question is - when did you become the owner of the property.

Was that according to the land contract back in 2003 or that happened only in July 2008.

Your eligibility for the first time home buyer's credit (and eligibility for deducting the mortgage interest) is based on that determination.

 

Please also be aware that the credit for purchases in 2008 should be repaid - that is actually a loan - not a credit - so - your expected benefits are much less than if you would purchase in 2009.

 

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Expert: LEV
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Answered: 7/5/2009

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