AnnieR Posted February 23, 2010 Report Share Posted February 23, 2010 Client called today to set up appointment, will qualify for FTHBC...BUT...can he file MFS and claim the entire credit on his return? He bought the house before he and his now wife got married last year. They had planned to file MFJ until she told him (a week ago) that she owes back taxes and has been notified that her refund will be taken when she files. I know you can split the credit however they want to, but in this case, can he claim all of it. Thanks for any ideas. AnnieR Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 23, 2010 Report Share Posted February 23, 2010 He will be limited by defenition to 4K if he files MFS. Quote Link to comment Share on other sites More sharing options...
TAXBILLY Posted February 23, 2010 Report Share Posted February 23, 2010 Client called today to set up appointment, will qualify for FTHBC...BUT...can he file MFS and claim the entire credit on his return? He bought the house before he and his now wife got married last year. They had planned to file MFJ until she told him (a week ago) that she owes back taxes and has been notified that her refund will be taken when she files. I know you can split the credit however they want to, but in this case, can he claim all of it. Thanks for any ideas. AnnieR He is entitled to amend his 2008 for the purchase in 2009. That would solve the problem. taxbilly Quote Link to comment Share on other sites More sharing options...
AnnieR Posted February 23, 2010 Author Report Share Posted February 23, 2010 Thank you, I knew about the MFS "problem" of $4000 but I didn't think about amending his 2008 return when they weren't married. AnnieR Quote Link to comment Share on other sites More sharing options...
Lion EA Posted February 23, 2010 Report Share Posted February 23, 2010 Innocent spouse? Quote Link to comment Share on other sites More sharing options...
TAXBILLY Posted February 23, 2010 Report Share Posted February 23, 2010 Innocent spouse would be the way to go on the 2009 return and by amending 2008 for the full credit he doesn't have to worry about it being taken. taxbilly Quote Link to comment Share on other sites More sharing options...
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