Have a Tax Question? Ask a Tax Expert
Hello JA Customer,
Please tell us what your particular question is concerning the homebuyer credit so we can try to help you.
We had a property purchase and sales binding agreement signed April 30, 2010. We had approved FHA funding from a bank that does not service FHA loans. Their loan package buyer invoked the "90 day rule" which states the seller must hold the property 90 days before putting it on the market. In order to obtain funding we were forced to execute a second contract dated 6/16/2010 which voided the original contract.
With the current extension of closing deadline (as of today) we would be eligible for the tax rebate IF:
1) the original contract could be deemed valid by the IRS for this purpose to be submitted along with the closing contract
2) an option to buy binding agreement signed by seller and buyer and dated 4/30/2010 for property to be available 6/16/2010 would be deemed a valid binding agreement by the IRS.
Hello again JA Customer,
We have had several questions come through the forum recently along these same subject lines, where for one reason or another a home buyer has been forced to cancel his original sales contract and sign a new one which was dated after the April 30th deadline.
While Congress has passed legislation to extend the closing date to September 30th, no provisions have been made to allow for a change in the sales contract. If your initial sales contract was voided, for whatever reason, and a new sales contract was not signed until after the April 30th date, then the credit cannot be claimed. Also an "option to buy" contract dated April 30th would not be acceptable.
You can certainly go ahead and submit an amended return for 2009 once you complete the closing and attempt to claim the credit by attaching a copy of your original contract along with a statement explaining the reason for the change, but it is not likely the credit will be approved unless you simply get lucky and it passes the approval of the agent assigned to your claim.
I am truly sorry I could not give you a more favorable answer here, but unfortunately the IRS has not allowed any changes to the rules for the April 30th date.
If this was helpful please press the Accept button. It is the only way we receive any credit for helping with these questions.
Thank you JA Customer
Thank you Sandra. I really do sympathize with you in this situation. But as I said, you have nothing to lose by submitting your claim for credit anyway just to see what may happen.