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first time home buyer credit


grandmabee

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Does it matter that the home buyer is claimed on someone else return as dependent?

Client was a student in 2008 and parent claimed her. Client got a very good job and earned about 35,000 in 2008. Was out of school in first of June 2008. I do not do the parents return. Now is ready to close on a house. Can I amend the 2008 and get the 8,000 credit or do I need to wait until 2009 return.

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>>I do not do the parents return<<

It is not your problem that the parents filed an obviously fraudulent return. If your client doesn't care, just file his return correctly and deal with the IRS letter when it comes. Otherwise, tell your client to pay his parents their $875 exemption benefit and pay you $100 bucks (or whatever) to amend their return, and then go ahead and take the credit.

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>>I do not do the parents return<<

It is not your problem that the parents filed an obviously fraudulent return. If your client doesn't care, just file his return correctly and deal with the IRS letter when it comes. Otherwise, tell your client to pay his parents their $875 exemption benefit and pay you $100 bucks (or whatever) to amend their return, and then go ahead and take the credit.

she didn't want to have the parents amend and just left it and filed without claiming herself. We found out when trying to efile. She also lost the rebate of 600.00

But i want to know if we can claim the first time home buyers credit on the 2008 return even if she didn't claim herself.

I have look and it only talks about aji limits

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>>we can claim the first time home buyers credit on the 2008 return even if she didn't claim herself<<

I think you can. As you say, there's nothing in Section 36 to the contrary. And you would only be treating the purchase as being 2008 for purposes of this credit. It's not a dependency factor in terms of money spent for support in 2008.

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