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Anne
Anne, Master Tax Preparer
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Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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I am purchasing a home that is not in my name. My husband

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I am purchasing a home that is not in my name. My husband and I took ownership January 1. The house was purchased by a rental company which is in turn owner financing it to me. We (my husband and I) make the morgage payments through the rental company and homeowners insurance is rolled into it. We are responsible for all up keep on the property. We are allowed to make any type of home improvements we wish. We are responsible for payment of house note, insurance and property taxes and we are responsible for all maintenance and up keep. I sent the Rent/Lease to own agreement, but the IRS wants a HUD or something to prove ownership, what do I need to provide to them. The rental company is small and is willing to provide me with any documentation needed.
Submitted: 4 years ago.
Category: Tax
Expert:  Anne replied 4 years ago.
Hi Jacustomer-gvqdhma

Thank you for using justanswer. I'm assuming that you have checked the criteria and already know that both you and your husband (since you are purchasing the property jointly) qualify for the credit, meaning neither one of you had ownership in a home for 3 years prior to the purchase of this home, that your AGI is within the limits, etc. and that you filed Form 5405 First-Time Homebuyer Credit and Repayment of the Credit

IRS's guidelines state that for a tax payer to qualify for the credit, he/she must obtain the "benefits and burdens" of ownership of a residence in a seller financing arrangement, even if the seller retains title until the final payment is met. IRS further goes on to state the the "benefits/burdens" of home ownership include:

the right of possession,

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

the right to construct improvements,

the obligation to pay property taxes,

the risk of loss,

the responsibility to insure the property and

the duty to maintain the property.

Since these are the IRS guidelines and quoted specifically from their website, I would have the rental company draw up a statement that includes the above wording, and be sure that all signatures are notarized. Further, the IRS website states that if a person purchases a qualifying home by means other than a conventional mortgage, meaning a HUD statement would not be available, as long as the settlement statement is valid according to local law, it will be accepted, so it might be worth having a local attorney give any document you want to submit is in compliance.

Please see below:

First Time Homebuyer Credit

I hope this helps.

Edited by Anne on 6/2/2010 at 11:25 PM EST
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1818
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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