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Jacy, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 568
Experience:  Nine years individual income tax preparation and consulting
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Regarding the previous question on 11/15, I miswrote it has

Resolved Question:

Regarding the previous question on 11/15, I miswrote it has only been 2 yrs. and per the irs website A person has to pay the tax credit back if it isnt the primary residence for 3 yrs. If this is true who has responsibility of paying back the credit < My husband since the house is in his name only or both of us due to filing taxes jointly?
Submitted: 6 years ago.
Category: Tax
Expert:  Jacy replied 6 years ago.



This does not change anything. If your ex has a loss on the sale, meaning the home sells for less than the purchase price, he will not have to repay the credit.


Since the home is in foreclosure, it is a very good probability that there will be a loss, and he will not have to pay back any of the credit.


If you'd like to read the exceptions to the repayment, see:



Thank you,



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Customer: replied 6 years ago.
Thank you for the info I will forward it to my ex husband. I appreciate your help.