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FTHBC after Hurr. Katrina


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This question was posed to me by a client who lost their home in Katrina. The home was completely demolished, and the lot sat empty from 9/2005 through August or Sept 2009 when a new home was completed and the taxpayers moved into their new home. During the years in between Hurr. Katrina and the time they moved into their new home in Sept/Oct 2009 they have lived with the wife's parents.

The IRS defines a new home buyer as someone who has not owned and lived in a personal residence for 3 out of the last 5 years. My client asked if, under their particular circumstances, they would qualify as a new home buyer. Will a newly constructed home built on their pre/post Katrina lot qualify? Anyone out there have an answer to this?

I researched the IRS Q & A page for FTHBC but did not find any topic exactly on point.

Thanks so much,

Lynn Jacobs, EA, NP

Kenner, LA

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